Kurdistan Islamic Scholars Union opposes proposed amendments to Iraq’s personal status law

ERBIL — The Kurdistan Islamic Scholars Union has expressed opposition to proposed amendments to Iraq’s personal status law, arguing that there is no legal necessity or gap that justifies revising the current law, the union’s spokesman, Mullah Abdullah Sherkawaiy, said. The amendments, initially scheduled for a second reading in the Iraqi Parliament on Monday, have been delayed with no new date set.

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.”

Mullah Sherkawaiy explained in a statement that the Kurdistan Islamic Scholars Union diligently reviews any issues with religious implications, especially those concerning personal status and family matters. He emphasized that “the existing law, adopted in 1959, effectively addresses family-related issues and maintains balance and unity among different religious, ethnic, and cultural groups as a civil law.”

“There is no legal void that necessitates amending the law,” Sherkawaiy said. He further criticized the amendment proposal, arguing it does not serve the community or families and would negatively affect both Iraq and Kurdistan. “Despite our disapproval of the proposed amendments to the personal status law, we urge the responsible parties to undertake the necessary work with a sense of responsibility,” Sherkawaiy added.

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.

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.