Iraqi men join women in a demonstration against underage marriage in Tahrir Square in central Baghdad on August 8, 2024, amid parliamentary discussions over a proposed amendment to the Iraqi Personal Status Law. Rights advocates are alarmed by a bill introduced to Iraq's parliament that, they fear, would roll back women's rights and increase underage marriage in the deeply patriarchal society. (Photo by AHMAD AL-RUBAYE / AFP)
Individuals have ‘freedom to organize’ own personal status
Iraqi Supreme Court says controversial amendments to Personal Status Law in line with constitution
BAGHDAD — The Iraqi Federal Supreme Court has given the green light to controversial amendments to Iraq’s Personal Status Law, saying that the proposed changes, which underwent a second reading in parliament on Monday, are in line with the constitution.
In response to an inquiry from acting Parliament Speaker Mohsen Al-Mandalawi, the court stated that “the constitution grants the Iraqi people the freedom to organize their personal status in accordance with their religion, sect, belief, or personal choice.” The ruling added that this right can only be restricted by law, provided such restrictions do not violate the core of the right, as outlined in Article 46 of the Constitution. It emphasized that any personal status matters must be regulated by law.
The amendments, which have faced intense opposition, would allow family issues such as inheritance, divorce, and child custody to be handled by religious authorities or the civil judiciary based on individual preferences. Critics argue that this could weaken protections for women and children and remove the minimum marriage age of 18 for Muslim girls.
The Shia Coordination Framework, Iraq’s largest parliamentary bloc, has supported the amendments, framing them as a matter of “freedom of choice.” However, a newly formed women’s opposition bloc, supported by civil society groups and international human rights organizations, has called for public resistance to the changes.
The U.S. State Department expressed concern over the amendments, with Deputy Spokesperson Vedant Patel warning of potential risks to the rights of women and children. He called for a “civic dialogue” that respects both religious freedoms and individual rights. U.S. Ambassador to Baghdad Alina Romanowski echoed these concerns, sharing Patel’s statement in Arabic on social media.
A recent survey by the Iraq Polling Team showed that 73.2% of Iraqis “strongly oppose” the amendments, reflecting widespread public resistance.
The Iraqi Federal Supreme Court is the highest judicial body in Iraq, charged with interpreting constitutional matters and ensuring that laws align with the Constitution.