Iraqi women's networks urge authorities to block proposed amendments to Personal Status Law
Shafaq News/ On Wednesday, women's networks in Iraq called on the three branches of government (executive, legislative, and judiciary) to intervene and prevent the enactment of proposed amendments to the Personal Status Law.
During a press conference held in Erbil, the capital of the Kurdistan Region, the networks demanded the cancellation of the proposed amendments to the law, citing the current "volatile" situation in Iraq and emphasizing "the need to maintain social cohesion amid political, economic, security, and social challenges."
The women's networks conducted a series of legal meetings and seminars to assess the legal and social implications of the proposed changes, particularly regarding the transfer of judicial authority from the courts and the reduction of the role of the Court of Cassation.
"Examining the judicial rulings issued by the Personal Status Court and the confiscation of judicial discretion in issuing verdicts in personal status cases in the presence of a code called the Code of Sharia Rulings—which is extremely difficult, if not impossible, to organize due to the diverse interpretations of Islamic jurisprudence—raises significant concerns," The group said.
It further noted, "In Iraq, including the Kurdistan Region, we have a Personal Status Law that incorporates and harmonizes judgments from various schools of thought. Since its enactment, it has been one of the most progressive legislations in the Middle East. Instead of making further advancements for the public good, we are witnessing this proposal, which, if passed, would be a significant setback for women's and children's rights and disrupt many existing balances."
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."
