Al-Sulaymaniyah rises against Proposed Iraq Law: warn of sectarian tensions

Shafaq News/ The debate over amending Iraq's Personal Status Law (PSL) has intensified following demands from the Shiite Coordination Framework, prompting activists in Al-Sulaymaniyah to reject the proposed changes due to their potential impact on families, particularly in disputed areas.

Increase In Violence Against Women and Children

Civil society organizations in Al-Sulaymaniyah held a session to discuss the amendments, attended by parliament members, activists, and women's organizations. Khanem Rahim, head of the Asuda for Combating Violence against Women, a women's rights NGO operating in Iraqi Kurdistan, told Shafaq News that the session aimed to discuss the impact of the amendments on Kurdish families living outside the Kurdistan region, particularly in disputed areas, and the negative effects on these families if the law is amended as proposed.

"Civil political forces and human rights organizations view the proposed amendments as entrenching sectarianism and strengthening the influence of religious leaders and ruling parties." She said.

Tania Kamal, a media activist for women's rights, told Shafaq News that the Personal Status Law No. 188 of 1959 is "a progressive law that safeguards women's rights in Iraq." She warned that the proposed amendments "would violate these rights and expose women and children to increased violence and division."

Kamal criticized the lack of consultation with relevant stakeholders in drafting the amendments and emphasized that the changes "offer more harm than benefits."

"The amendments come amid political and sectarian conflicts and election preparations, with some parties seeking to bolster support by promoting controversial laws."

Furthermore, Kamal urged women and civil society organizations to intensify efforts to prevent the passage of these amendments, warning that they could exacerbate domestic violence and early marriages, negatively affecting the family and society as a whole.

Potential Child Marriages and Women's Rights Violations

The proposed amendments to Iraq's PSL have ignited significant controversy. One clause permits Iraqis to choose between Shia or Sunni jurisprudence for personal status matters when entering into marriage contracts. Those who have not previously selected a specific jurisprudence can request the application of their chosen religious law from the Personal Status Court, which must comply with their request.

The amendments also stipulate the use of a Shia Jaafari jurisprudence code for personal status matters and a separate code for Sunni jurisprudence based on the predominant views of scholars from each sect in Iraq.

Activist Intisar Saleh told Shafaq News that "the amendments would lower the marriage age to nine years, deprive women of inheritance rights in real estate, and condition alimony on sexual enjoyment, stating that a wife who does not allow her husband to enjoy her would not be entitled to alimony."

The law is a "mercy bullet" to Iraqi society. She said.

Saleh added that the amendments would further divide Iraq, create legal chaos, and move personal status issues outside official courts.

The goal of the amendments, according to Saleh, is to "dismantle Iraqi families, expand the scope of extralegal contracts, and legitimize child marriages, thereby increasing divorce rates and deepening sectarian divides."

In turn, activist Layla Taha pointed out that Iraq's 1959 Personal Status Law is "one of the best in the Middle East, setting the legal marriage age at 18 for both genders," arguing that "Iraq has a civil culture, and any legislation contrary to this would have adverse effects." Taha suggested that amendments should align with social and cultural changes and meet current societal needs.

The Iraqi Observatory for Human Rights has called on the Iraqi parliament to reconsider the proposed amendments to ensure the “protection of all Iraqi citizens' rights, regardless of their sect or beliefs, and to promote equality and justice in Iraqi society.”

The observatory stressed the need to adhere to the Iraqi constitution and international human rights agreements to ensure the “fair and equitable application of the Personal Status Law.”