Sectarian fears rise as Iraq mulls changes to Personal Status Law

Shafaq News/ Demonstrators are poised to take to the streets in Baghdad and several Iraqi governorates on Thursday in a unified protest against proposed amendments to the Personal Status Law (PSL), a move they argue could pave the way for increased sectarianism and religious influence in family matters. The controversial amendments, which would introduce separate legal codes for Sunni and Shia marriages, have sparked widespread concern among activists and citizens alike, as they fear a rollback of civil rights under the current law.

PSL Amendments Propose Sectarian Codes

"The current Personal Status Law is highly regarded in the region for its solid legal foundations, which are based on Sharia rulings. It ensures equal civil rights for all Iraqis in matters such as marriage contracts, dowry registration, and various aspects of divorce, including custody and alimony. Parliament's proposed amendments include introducing separate legal codes for Sunni and Shia sects, the latter based on the Jaafari doctrine and the former on the Hanafi doctrine," according to Ansam Salman, head of ISEN Organization for Human Rights.

Salman told Shafaq News Agency, "The proposed amendment is unacceptable in its current draft, which allows religious scholars to intervene in Iraqi family matters and indirectly promotes sectarianism. This led to the formation of the 181 Coalition, a group of activists opposing the law. The coalition has organized a unified protest to take place at 5:30 PM on Thursday in Baghdad's Al-Tahrir Square and across most governorates."

"Further actions will be taken using all available means to prevent the enactment of this law in its current form. The goal is to maintain a civil law applicable to all Iraqis."

Parliamentary Committee Clarifies

The head of the Women, Family, and Children Committee in the Iraqi Parliament, Dunya Al-Shammari, clarified the process and current status of the proposed amendments to the Personal Status Law amid growing public concern and planned protests.

In an interview with Shafaq News Agency, al-Shammari explained that any laws submitted to parliament are referred to specific committees as determined by the Speaker of the House. The draft proposal in question has been referred to the Committee on Women, Family, and Childhood.

"The legal codes related to the Sunni and Shia endowments, as well as other religious endowments, have not yet reached parliament and are still under discussion." She explained, dismissing current media reports about the marriage of minors and other controversial issues as mere "media talk" and reiterating that the proposed amendments would allow for personal choice in marriage practices.

"Many laws submitted by the government or individual MPs can be withdrawn or voted to be returned to the proposer. The first clause of the proposal states that the current Personal Status Law will remain in effect and unchanged. However, individuals who wish to marry according to their sectarian beliefs will have that option. The current law will not be canceled; instead, a provision will be added to allow freedom of choice between sectarian marriage or the existing Personal Status Law," al-Shammari stated.

She further asserted that women would have the right to choose between marrying under the Personal Status Law or according to their sectarian doctrine. "Those who marry under the Personal Status Law will continue to be governed by its provisions, while those opting for sectarian marriage in the future will be subject to the corresponding sectarian codes."

"Al-Shammari noted that any existing marriages under the Personal Status Law would remain governed by it unless both parties agree to switch to a sectarian marriage framework."

Shiite Marja'a Rejects Sharia-Contradicting Law Amendments

Sheikh Mohammed Khalil Al-Sanjari, the representative of the top Shiite religious authority, Ayatollah Ali Al-Sistani, in Baghdad, declared on Wednesday that the supreme religious authority would reject any amendments to the Personal Status Law that contradict Islamic Sharia.

Speaking to Shafaq News Agency, Al-Sanjari discussed issues related to alimony, inheritance, and marriage under Islamic law and their alignment with the proposed amendments.

Regarding alimony, the new law stipulates that if a woman leaves her husband's house, she is not entitled to alimony. Al-Sanjari clarified, "Under Sharia law, a woman is entitled to alimony during the 'Iddah' period, which lasts four lunar months and ten days (about four months), as she remains his wife and has the right to housing and other necessities, as indicated by the Quran verse, 'Do not turn them out of their homes.' Thus, she should not leave until the 'Iddah' period ends."

Al-Sanjari also commented on cases where a woman leaves to stay at her parents' house and files for alimony. "This is not permissible if she left by her own will and not by her husband's order. If he orders her to leave and go to her parents' house, she is entitled to alimony. However, if she left on her own accord, she is considered disobedient and not entitled to alimony."

He further noted that under Sharia, if a woman stipulates in the marriage contract that she can obtain a power of attorney and the right to divorce in case of a dispute, she is entitled to exercise this right, and it is valid according to Sharia.

Regarding the issue of marriage at the age of nine in the Jaafari sect, Al-Sanjari stated, "A girl is considered mature at nine years old thus marriage is permissible. This is a general ruling and not obligatory, but as an Islamic obligation, she is considered accountable at nine and a man at fifteen. This varies based on the region's climate."

On the matter of inheritance, he said, "Under Sharia, a woman inherits by virtue of marriage or kinship. She is entitled to one-eighth if she has children and one-fourth if she has no children. If the new law states that a woman cannot inherit if her husband dies, we will not agree to it because Sharia grants her inheritance. We will reject any measure that contradicts God's law."

In conclusion, Al-Sanjari affirmed that "in the amendment of the Personal Status Law, we agree on alimony if the woman leaves by her husband's order and on marriage at the age of nine. However, we will reject denying inheritance to women, as it contradicts Islamic Sharia. Although the amendments to the new law are still under discussion and we have not reviewed them yet, the constitution stipulates that laws must be legislated per Islamic principles."