EU intervention sparks debate over Iraq's Personal Status Law

Shafaq News/ Iraqi legal and civil rights activists are voicing sharp opposition to proposed amendments to the Personal Status Law (PSL,) as European Parliament intervention escalates debate over the future of women’s rights in Iraq.

While women’s advocates welcome international support, legal experts warn that foreign involvement threatens Iraq’s sovereignty.

What Are PSL’s New Amendments

The Personal Status Law, enacted in 1959 under Prime Minister Abdul Karim Qasim, applies to all Iraqis regardless of sect. The proposed amendments, however, would allow Iraqis to choose whether Shia or Sunni laws govern their personal status matters, such as marriage. Individuals who haven't selected a sect’s laws can request a personal status court to apply their chosen religious laws, which the court must respect.

If parties in a family case disagree on the applicable legal source, the amendment stipulates that religious opinions will prevail. This change gives greater influence to religious texts over current civil law.

Additionally, the amendments require the Shia and Sunni Endowment Councils, working with the State Council, to draft a comprehensive code of religious rulings on personal status issues. This code would need to be submitted to Parliament for approval within six months of the law’s enactment.

Another key provision involves personal status courts validating marriage contracts performed by Muslims. These courts must ensure all contracts meet both religious and legal conditions before recognizing them.

Shia voices within the Coordination Framework argue that the amendments are constitutional and address family-related issues. In contrast, civil society activists and political parties have criticized the changes, calling the current law the "best in the region."

Opponents also claim the amendments permit child marriage, deprive wives of alimony and custody rights, and replace civil laws with sect-specific religious texts. This shift, they argue, undermines the progress Iraq has made in women’s rights.

The bill had its first reading on August 4, 2024, with previous similar amendments proposed in 2014 and 2017 that failed due to widespread opposition. Despite boycotts and concerns from opponents, the second reading went ahead on September 16, without incorporating their recommendations.

In response, the Iraqi government decided to review the raised concerns through the "Supreme Council for Women's Affairs."

European Parliament Position

According to an official statement, European lawmakers warned of the consequences of the recent proposal, which they argue violates Iraq’s international obligations regarding fundamental women’s rights.

The members commended the Iraqi women, including female parliamentarians, as well as NGOs, activists, and civil society members, who have spoken out against the proposal, fighting to preserve one of the region’s “most progressive” laws.

They noted that the penal code currently does not legally protect women and children “who are victims of domestic violence in Iraq.” The proposed amendments to the Personal Status Law, if passed, would result in a "more radical" implementation of the law.

The European Parliament urged Iraq to adopt a national action plan to eliminate child marriage, criminalize marital rape, combat domestic violence, and enhance the rights of women and girls in line with the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

The European Parliament also called on the EU delegation in Iraq to "make development grants conditional on judicial training related to sexual violence and the establishment of shelters for women" and urged EU member states to increase their support for women’s and children's rights defenders in the country.

Iraqi Feminists Welcome EU’s Stance

Iraqi women's rights activists have expressed support for the European Parliament's call on Iraq's Parliament not to pass the proposed amendments. They view the European position as a recognition that the amendments violate "humanitarian and legal standards" and marginalize Iraqi women by limiting their role to marriage and childbearing.

Shurooq Al-Abayji, Secretary-General of the National Civil Movement, emphasized that the international opposition to the proposed amendments reflects concerns about human rights and the well-being of Iraqi society, not just women's issues. "This is not merely a women's issue," Al-Abayji told Shafaq News. "The legislative mindset pushing these amendments is alarming from a human rights perspective and contradicts Iraq's obligations under international treaties it has ratified."

Al-Abayji further stressed that international support is not just symbolic, but legally grounded in Iraq’s commitments to global conventions. "This international support exposes the fact that the proposed amendments truly violate humanitarian and legal standards," she added.

"What we are witnessing now is not reflective of the dignity and rights Iraqi women deserve. We once led the region in women's education and participation in society, but now the role of women has been marginalized." She said.

She also criticized the “narrow” view of women held by officials, noting that they are increasingly seen only in terms of marriage and motherhood. "This reduction in the status of women marks a setback for Iraqi society. Women's historical and vital role alongside men is integral to Iraq's identity. We will not abandon this fight to support women and Iraqi society as a whole," she concluded.

The amendments also led to form a new coalition with all its members united against "the best Law in the region."

Broad Coalition to Reject PSL Amendments

Former member of the Women's Committee in Iraq’s Parliament, Rizan Sheikh Dler, highlighted the formation of Coalition 188, a nationwide initiative, including in the Kurdistan Region, to oppose the proposed amendments to the Personal Status Law. The coalition, she said, aims to combat the negative impacts these changes could have on society.

The "188" Coalition, named after Iraq's Personal Status Law No. 188 of 1959, is a social and civil alliance dedicated to “defending civil laws and public freedoms against amendments threatening national unity and promoting sectarianism.”

Speaking to Shafaq News, Dler explained, "There are international treaties concerning human rights, particularly the rights of women and children, and the European Parliament stands as a protector and advocate for these rights."

She stressed the importance of international cooperation in defending these fundamental human rights, pointing out the role of the European Parliament in “safeguarding protections for vulnerable groups, particularly in light of domestic legislative efforts that threaten to undermine them.”

Despite the welcome, Iraqi experts rejected the EU stance.

Questions About Iraq's Sovereignty

Legal expert Walid Al-Shibli asserted that the European Parliament holds “no legal authority in Iraq and has no responsibility for enforcing treaties or laws within the country.”

“Internal laws are purely domestic matters, and foreign interference in these laws constitutes a breach of national sovereignty.”

Speaking to Shafaq News, Al-Shibli questioned, "Is the Western model for women and family something Iraq should emulate? Iraq, after all, was the cradle of lawmaking, and regarding the CEDAW convention, Iraq has reservations on any clauses that contradict Islamic law."