Sulaymaniyah activists, civil society groups, slam proposed amendments to Iraqi Personal Status Law

SULAYMANIYAH — The Kurdistan branch of Coalition 188 held a press conference Tuesday in Sulaymaniyah, voicing strong opposition to the proposed amendments to Iraq’s Personal Status Law. The amendments, initially scheduled for a second reading in the Iraqi Parliament on Monday, have been delayed with no new date set.

Rezan Sheikh Dler, a lawyer and former Iraqi MP, expressed deep concerns over the potential impact of the changes. “These amendments would undermine the judiciary’s role,” Dler told 964media. “After this, there will be no place for courts or judicial authority to maintain their roles.”

The first reading of the amendments, which took place on Aug. 4, led to widespread protests in several cities. The Shia Coordination Framework, Iraq’s largest parliamentary bloc, backs the amendments, framing them as a matter of “freedom of choice.”

A women’s opposition bloc, consisting of female MPs from various political parties, has been formed in the Iraqi Parliament to challenge the proposed amendments.

Dler warned that modifying the law based on religious sects could “create a significant problem for society.” She stressed the importance of a clear legal framework that allows individuals to understand their rights without relying on religious figures. “The law must be explicit, so when people face issues, they know how to resolve them within the legal framework, not outside of it.”

She also argued that the amendments would reinforce sectarianism and tribalism, disproportionately affecting vulnerable groups, particularly women and children.

The proposed amendments would allow family matters, including inheritance, divorce, and child custody, to be governed by either religious authorities or the civil judiciary, depending on ‘individual preference’. Critics argue that these changes could undermine existing legal protections, especially for women and children, and might open the door to lowering the minimum marriage age of 18 for Muslim girls.

Dler commended the efforts of civil society organizations and Coalition 188, which have worked to oppose the amendments and applied pressure to halt the legislative process.

Coalition 188, named after Iraq’s 1959 Personal Status Law (Law No. 188), consists of civil society organizations, NGOs, public figures, academics, activists, and human rights advocates. Members and supporters of the coalition have faced various attacks in certain Iraqi cities.

“Kurdish parliamentarians have rejected the law unanimously, and even Sunni representatives have opposed it, preventing a second reading,” Dler said.

She further criticized Shia parties for shifting focus away from addressing issues like widespread corruption and Iraq’s deteriorating political and economic conditions. “They have turned to matters that distract the public,” she added.

Regarding the impact of the proposed amendments of Iraqi personal status law on the Kurdistan Region, which has its own personal status law, Dler noted, “Undoubtedly, these changes will have consequences for the region. Our own judiciary has not always fully implemented our laws.”

Basma Mohammed Mustafa, head of the Sulaymaniyah-based Women’s Academy for Leadership in Iraq, told 964media that as long as the Kurdistan Region remains part of Iraq, any law passed in Baghdad would affect the region. She referred to the earlier amendments to the personal status law in Kurdistan as “positive,” stating that they support women’s rights. Mustafa highlighted concerns over second marriages, saying it is easier for men to marry multiple wives in central and southern Iraq than in the Kurdistan Region.

In the Kurdistan Region, laws concerning marriage, are generally more restrictive than in other parts of the country. For example, under the Kurdistan Region’s Personal Status Law, polygamy is tightly regulated. A man must secure a court’s approval to marry a second wife, and such approval is granted only under specific conditions, such as the first wife’s chronic illness or infertility, along with her consent. The court also requires the man to demonstrate financial capability to support more than one wife.

In contrast, other regions of Iraq have more lenient requirements for polygamy. This difference has prompted some men from the Kurdistan Region to travel to disputed areas or other parts of Iraq to marry a second wife under less restrictive conditions.

“These amendments to the personal status law allow the marriage of nine-year-old girls, which could encourage Kurdish men to go to Iraqi cities and exercise this right,” Mustafa said.

She further emphasized that the issue of women and children should not be confined to geography but seen as a broader humanitarian concern. “We must oppose anything that violates the rights of women, children, and families,” she stated.

Mustafa argued that the current personal status law, enacted in 1959, is “one of the most progressive in the Middle East.” She stated that if amendments are necessary, they should improve the law, not strip away existing rights.

“This amendment is very alarming,” Mustafa concluded. “It could lead to a situation where some parties in the Kurdistan Region demand the law be enforced here as well, or put pressure to make similar amendments.”

In late August, activists, members of women’s organizations, and public figures gathered in Sulaymaniyah to protest against proposed amendments to Iraq’s personal status law. The demonstration brought together several voices expressing deep concerns over the potential impact of these changes.

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