Ali Al-Mudun, an Iraqi researcher
Media monitor
Ali Al-Madan criticizes proposed personal status law amendments as ‘coup against constitution’
BAGHDAD— Ali Al-Madan, an Iraqi researcher specializing in religious thought, provided an analysis of the ongoing debate regarding amendments to the 1959 Personal Status Law during an interview with UTV. He examined the relationship between Islamic jurisprudence and civil law, expressing concerns over the current discourse and the potential implications of the proposed changes.
Below are key excerpts from his interview:
On the decline in discourse:
Supporters of the amendment to the Personal Status Law are accusing their opponents of ‘violating God’s law,’ but this is a decline in the level of discourse in Iraq regarding rights-related issues. The Iraqi people voted for the constitution, which is the recognized legal document, and previously, the debate was about whether the proposed laws were in accordance with the constitution or not. What is happening now is a shift of the debate outside the constitutional framework, which represents a return of the political and intellectual process to a pre-constitutional stage, and the process is almost like a coup against the constitution.
On the nature of the proposed changes:
They talk about an ‘amendment,’ but in reality, it is a ‘replacement,’ and this replacement is ‘sectarian.’ It seems that the supporters of the law are facing a crisis in defining the relationship between the cleric and the state, as well as a crisis regarding the presence of jurisprudence within the state.
On Jurisprudential flexibility:
We hear talk about the flexibility of the jurisprudential code and its ability to adapt to the needs of the Iraqi citizen through the proposed Personal Status Law. If jurisprudence is indeed as flexible as they claim, then why not merge the two codes (Sunni and Shia) into one? And if jurisprudence is so diverse, why not select the rulings of jurists that best meet the needs of the Iraqi family under one law? And why not amend the current provisions in the existing law instead of changing them? But those pushing for the new proposal have their own objectives and purposes, so why divide the Iraqis once again?
On the ‘crisis’ of religious authority:
There is talk about returning to the ‘most traditional and followed’ religious authority, but who determines the most traditional authority in Iraq? We refer to the Electoral Commission to determine the largest parliamentary bloc, but who decides the most traditional authority? Has anyone considered the scale of the crisis this issue will create? How much will the religious seminaries and jurists be exploited? And how much will Iraqi society be torn apart because of it?
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