Iraq’s Supreme Judicial Council rejects criticism of Personal Status Law amendments

BAGHDAD — Iraq’s Supreme Judicial Council met on Sunday to address media reports about the proposed amendments to the Personal Status Law, stating that coverage has been “inaccurate.” The council insists that the changes do not include provisions for marrying minors, stripping mothers of child custody, or denying women inheritance.

The council said that the amendments are based on Article 41 of the 2005 Iraqi Constitution, which permits Iraqis to manage their personal status according to their religious beliefs and “choices,” within the framework of laws passed by Parliament.

The first reading of the proposed amendments on Aug. 4 sparked protests in several cities. On Sept. 16, the Iraqi Parliament held a second reading of the changes. In a recent development, the Iraqi Federal Supreme Court approved the amendments, stating they align with the constitution.

The changes, backed by the Coordination Framework, Iraq’s largest parliamentary bloc, would allow family matters such as inheritance, divorce, and child custody to be handled by religious authorities or the civil judiciary, depending on individual preference. Critics warn that this could undermine current legal protections for women and children and potentially lower the minimum marriage age of 18 for Muslim girls.​

Full statement from the Supreme Judicial Council’s media office:

On Sunday, Sept. 22, 2024, the Supreme Judicial Council hosted a meeting to discuss the proposed amendments to the Personal Status Law No. 188 of 1959, as amended.

During the meeting, the articles of the proposed law were reviewed, and it was clarified that media statements summarizing the amendment project were inaccurate and portrayed it incorrectly as aiming to (marry off minors, strip mothers of child custody, deny wives alimony, or deprive daughters of inheritance in real estate). This portrayal contradicts the truth and the intended purpose of the amendment, as it was found that the core idea behind amending the current Personal Status Law is based on Article 41 of the Constitution of the Republic of Iraq for the year 2005, which stipulates that “Iraqis are free to commit to their personal status according to their religions, beliefs, or choices, and this shall be regulated by law.” Therefore, matters related to personal status are a personal choice but must comply with a law issued by Parliament

It was further clarified that the proposed law does not address the detailed provisions concerning family matters, such as marriage, divorce, custody, alimony, and other related religious and jurisprudential issues. Instead, these matters are referred to the code of religious provisions, which will later be prepared by the Scientific Council of the Shiite Endowment and the Scientific and Fatwa Council of the Sunni Endowment in coordination with the Supreme Judicial Council. This code will be presented to Parliament for approval within six months of the law’s enactment.

Attending the meeting from the Supreme Judicial Council were Deputy Presidents of the Court of Cassation, Mr. Kazem Abbas and Mr. Hassan Fouad, the senior judge of the Personal Status and Materials Court, Mr. Saleh Shumkhi, and the head of judicial supervision, Mr. Laith Jabr. From the Parliament, attendees included members Dunia Abdul Jabbar Al-Shammari, Basim Naghaimish Al-Ghuraybawi, Raed Hamdan Al-Maliki, Mohammed Jassim Al-Khafaji, Hussein Ali Al-Yasari, and Murtadha Ali Al-Saadi.