'Crime against Iraqi families'

Iraqi parliament faces backlash over proposed personal status law amendments

BAGHDAD – Shia factions in the Iraqi parliament are advocating for amendments to the 1959 Personal Status Law, prompting widespread public outcry and demonstrations. The proposed changes aim to legalize marriages outside the court, base marriages on the husband’s sect, deny women inheritance rights to property and land, and legalize child marriage for girls as young as nine under the Shia Jaafari sect.

Although the first reading of the proposed amendments was postponed during the parliament session on July 24, some Shia parliamentarians are pushing for a session to discuss and ratify the changes.

Under the proposed amendments, in marital disputes, the husband’s sect would prevail if the marriage was conducted based on his sect. Additionally, a man would not need permission from his first wife to marry a second wife. Those who previously married without declaring a specific sect could petition the court to designate their preferred sect afterward, allowing corresponding laws to apply to their marriage.

The current Iraqi Personal Status Law No. 188 of 1959 grants custody to the mother until the child reaches 15. Fatima Mazloum, a law expert and advocate for the amendment, said, “We aim to adjust the custody rights that were extended from seven to 15 years due to wartime conditions. Currently, fathers are denied custody even if qualified, and mothers face no penalties for preventing visitation. The new amendment seeks to correct this injustice against men.”

Article 10, Paragraph 5 of the current Personal Status Law penalizes those who marry outside the court. However, the amendment proposes that if the marriage is conducted by a religious cleric or through Sunni or Shia religious endowments, the court must ratify it immediately without imposing penalties.

Legal expert Mohammed Jumaa criticized the proposed amendments, stating that they would enforce decisions based solely on the husband’s sect in marriages and divorces, disregard the wife’s sect, legalize child marriage for girls as young as nine, deny wives inheritance rights to property and land, permit temporary marriages, and discriminate against women.

Civil society organizations in Iraq expressed concerns about the possible reintroduction of the proposed amendments despite the postponement of the law’s first reading. They labeled the amendment “a crime against Iraqi families.” The activities emphasized the need to continue using all peaceful means to oppose it and mobilize all relevant legal and social parties.

The Iraqi Women’s Association in Wasit governorate organized a demonstration on Sunday, rallying under the slogan “No to Amending the Personal Status Law.”

Sahar Al-Turfa, President of the Iraqi Women’s Association in Wasit, said, “The proposed amendment will reinforce sectarianism and could reduce Iraqi women to a status akin to that of medieval times.”

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