Divorces rocks Kirkuk as social media and economic pressures mount

Shafaq News/ Kirkuk governorate, located 255 km north of Baghdad, is witnessing a dramatic surge in divorce cases. Over the past five months, the Kirkuk Appeal Court documented a staggering 1,084 cases, including 945 divorces and 139 Khula divorces, where women initiate separation by relinquishing marital rights.

The rise in divorce rates across Iraq highlights significant shifts in the country's social, economic, and cultural landscapes, sparking widespread concern. Lawyers attribute this alarming increase to the pervasive influence of social media alongside economic and social challenges.

Monthly Breakdown of Divorce Cases

A source at the Kirkuk Appeal Court has told Shafaq News Agency that in the past months, Kirkuk governorate recorded the following figures:

• May: 111 marriages and 71 contracts ratified outside the court, compared to 216 divorces and about 24 cases of separation by judgment.

• April: The Kirkuk Court of Appeals recorded 806 marriages and 45 ratifications of marriages outside the courts, compared to 178 divorces and 24 cases of judicial separation.

• March: Kirkuk's appeals courts recorded 809 marriage contracts and 56 cases of ratification of marriage contracts outside the court, compared to 162 divorces and 35 cases of judicial separation.

• February: The Kirkuk Court of Appeals recorded 1197 marriage contracts and 74 cases of ratification of marriage contracts outside the courts, compared to 226 cases of divorce and 30 cases of separation by judicial verdict.

• January: 1,248 court marriages and 72 ratifications of out-of-court marriages, compared to 151 out-of-court divorces and 30 court-ordered separations. "

Stories To Tell

Em Suzan (27), a government employee in Kirkuk, shared her suffering with Shafaq News. “My story with him began with love and marriage, then God blessed us with two children...After more than seven years, I learned that he had a relationship with a colleague. When he revealed this, I demanded a divorce, but he refused. I left with my children to my sister's house."

"Divorce is the best solution for such men, in my opinion. Social media has destroyed 35% of Iraqi families. Both men and women are cheating these days, so the increase in divorce and Khula is due to declining moral values and abandoning religion, which gave rights to both men and women," she added.

Mohammed Genghis (32) told Shafaq News, "Foreign customs and traditions entered Iraqi society through social media and TV series, like allowing mixed-gender social relations in the name of gender equality, which are reasons behind the increase in women's demands for divorce."

"Men leave the house for work, obviously. However, when women quit their home duties, they start comparing their situation with their friends, asking for traveling, ordering fast food, and eating out every day. Many things have changed, even the morals of women. Divorce will increase in the coming years because of the impacts of social media," he pointed out.

Legal Context

Under Article 39 of Iraq's Personal Status Law No. 188, initiating a divorce requires filing a lawsuit and obtaining a court judgment in a Sharia court. If unable to appear in court, registration during the waiting period is necessary. The marriage remains valid until a court decree. However, if the court finds the husband's divorce to be arbitrary and causing harm to the wife, she may be awarded compensation based on the husband's finances and the severity of his actions, capped at two years of maintenance in addition to her other legal entitlements.

Lawyer Sarah al-Azzawi told Shafaq News that Kirkuk has seen a rise in divorce cases, including many initiated by women through Khula. “If a wife lacks grounds for divorce, like abandonment or abuse, the husband may only agree to a divorce if she waives her legal rights. Notably, the law of Iraqi Khula differs from others. It requires mutual consent and allows appeals against perceived discriminatory rulings.”

"Courts cannot force the husband to divorce. Article 34 of the Personal Status Law grants the husband the sole right to dissolve the marriage. If a husband refuses in court, the wife's divorce lawsuit is dismissed, as Iraqi law prioritizes mutual consent for divorce. Nevertheless, the wife retains the right to pursue legal separation through other avenues outlined in the law,” she emphasized.