Controversial bills under spotlight

Iraq’s top court suspends three new laws following legal challenge

BAGHDAD — Iraq’s Federal Supreme Court has suspended enforcement of three recently passed laws—amendments to the Personal Status Law, the second amendment to the General Amnesty Law, and the Property Restitution Law—after lawmakers challenged the parliamentary procedures used to approve them.

In a session held Feb. 4, 2025, the court issued a provisional order halting implementation. It cited concerns that “the implementation of these laws could lead to consequences that cannot be reversed if they are later deemed unconstitutional,” describing the suspension as a temporary measure to prevent harm until a final ruling is reached. The court’s decisions are binding on all Iraqi authorities.

Members of parliament filed a complaint alleging that the three bills were bundled into a single vote, rather than being addressed individually as required by Iraq’s constitutional and procedural rules. They argued this process violated established legislative standards.

From the ruling, it appears court found against the General Amnesty Law, with the other two being suspended only because they were passed as a combined package.

The Iraqi Parliament passed the laws on Jan. 21 after months of political gridlock among its Shia, Sunni, and Kurdish factions. One of the most discussed measures is the amendment to the Personal Status Law, which allows individuals to settle matters such as marriage, divorce, and inheritance through either religious authorities or civil courts. Critics contend it could roll back protections established under the 1959 Personal Status Law, with earlier drafts potentially lowering the legal age of marriage.

Another contested measure is the Property Restitution Law, strongly supported by Kurdish blocs. It aims to return properties in disputed areas—particularly Kirkuk—that were confiscated under the Baath regime to their original Kurdish and Turkmen owners. These properties were redistributed to Arab settlers during Saddam Hussein’s rule, displacing thousands of families.

The second amendment to the General Amnesty Law, advocated by Sunni leaders, seeks to address accusations that many individuals were detained on terrorism charges without adequate judicial oversight following Iraq’s battle against ISIS. The amendment enables retrials and possible releases for those claiming coerced confessions, raising concerns that some involved in terrorism could exploit the law to avoid punishment.

The Federal Supreme Court, the highest judicial authority in Iraq, is responsible for interpreting the Constitution and ensuring the legality of legislation. It has not announced when it will issue a final verdict on the suspended laws.