Kurdish Islamic scholars reject Proposal to amend Iraqi Personal Status Law
Shafaq News/ The Union of Islamic Scholars in the Kurdistan Region rejected the inclusion of the proposed amendment to the Iraqi Personal Status Law on the parliamentary agenda for Sunday’s session.
The statement quoted Union spokesperson Mullah Abdullah Shirkawi as saying that “the Union of Islamic Scholars in Kurdistan places great importance on religious matters and issues related to personal and family affairs…after reviewing the proposed amendments and the current provisions of Law No. 188 of 1959, which is based on Islamic jurisprudence, the Union believes that the existing law adequately addresses family matters,” noting that the law “has successfully maintained balance and justice among Iraq’s diverse communities, treating citizens equally under a civil framework and fostering social cohesion and family bonds.”
he Union argued that “there is no need to amend the current provisions, as no legal gaps necessitate changes,“ viewing the proposed amendments as “detrimental to both Iraqi and Kurdish societies and suspect ulterior motives behind the proposal.”
Consequently, the Union opposes the proposed amendments and calls on relevant authorities to act responsibly in this matter.
What Are the Proposed Amendments in Personal Status Law?
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."
