Court upholds controversial amendment to Personal Status Law

BAGHDAD — Iraq’s Federal Supreme Court has upheld parliament’s approval of amendments to the Personal Status Law, dismissing all legal challenges and clearing the way for the changes to take effect.

The ruling, issued under Case No. 59 of 2025, found that both the legislative process and the content of the amendment were constitutional. It brings months of legal disputes to a close.

The court said the amendment complies with Article 41 of the constitution, which guarantees Iraqis the right to regulate personal status matters—such as marriage, divorce, custody and inheritance—“according to their religions, sects, beliefs, or choices,” provided this is done through legal channels. The court also confirmed that a legal quorum was present in parliament during the required readings and votes.

The amendment allows citizens to opt for Ja’fari jurisprudence in personal status cases, marking a shift from Iraq’s unified civil code to more sectarian-based adjudication.

Plaintiffs, including activists, lawyers and civil society groups, had argued the changes violated constitutional guarantees of equality and procedural integrity. But the court rejected those claims, ruling that a parliamentary majority had the authority to pass the law and that its provisions did not conflict with constitutional principles.

MP Raed al-Maliki, a supporter of the changes, welcomed the ruling. “With this decision, the chapter of constitutional objections to the amendment is closed, and with the adoption of the Code of Sharia Personal Status, the path is clear for applying Sharia rulings,” he said.

The original 1959 Personal Status Law was widely seen as one of the most progressive in the region, offering a unified legal framework across Iraq’s sectarian lines. Human rights groups and women’s advocates have warned that the amendment could erode protections for women and children by lowering the legal marriage age, restricting custody rights, and weakening the role of civil courts.

Critics say the change risks deepening sectarian divisions in Iraq’s legal system. Supporters counter that it enhances religious freedom and offers families the ability to resolve disputes in line with their faith traditions.