Debate intensifies in Iraq over proposed Personal Status Law amendments

Shafaq News/ Controversy is escalating in Iraq regarding proposed amendments to the Personal Status Law, with intense discussions unfolding in both public and parliamentary arenas.

At a press conference, civil activist Sabriya Rashid, spokesperson for a group of women's organizations in Al-Sulaymaniyah, criticized the proposed amendment to Law No. 188 of 1959, describing it as a "threat to society, family, and individuals."

Rashid urged a reversal of the proposal, arguing that it "represents a regression to sectarianism, male dominance, and religious institutional control."

"While the declared aim of the amendment is to diversify legislative sources within the judiciary, there are concerns that it could destabilize Iraqi family life, prompting opposition from various groups."

What Are the New Amendments?

The Personal Status Law, enacted in 1959 under Prime Minister Abdul Karim Qasim, currently applies to all Iraqis without sectarian distinction. However, the proposed amendments include a provision allowing Iraqis to choose whether Shia or Sunni laws will govern their personal status matters at the time of marriage. Those who have not previously selected a specific sect's laws can request a personal status court to apply their chosen sect's religious laws, with the court required to comply.

The draft law also stipulates that if parties in a family case disagree on the applicable legal source, the religious opinion will prevail.

It further mandates that the Shia and Sunni Endowment Councils, in coordination with the State Council, draft a code of religious rulings on personal status issues and submit it to the Parliament for approval within six months of the Law's enactment.

Additionally, the amendment requires personal status courts to validate marriage contracts performed by Muslims before individuals authorized by religious or legal authorities, ensuring all contract elements and conditions are met.

Shia voices within the "Coordination Framework" believe the amendments align with the federal constitution and address many family-related issues. However, civil society activists and other political parties criticize the amendments since this Law is "best in the region."