MP Noor Nafea criticizes parliament’s acting speaker for ignoring request to delay personal status law vote

BAGHDAD — Iraqi lawmaker Noor Nafea strongly criticized parliamentary leadership on Sunday, accusing Acting Speaker Mohsen Al-Mandalawi of disregarding a request from 124 lawmakers to delay the second reading of the Personal Status Law.

Nafea claimed that Al-Mandalawi “violated internal regulations” by proceeding and questioned how a vote could take place without a final version of the law available.

The proposed amendments to the Personal Status Law, first read on Aug. 4, have sparked protests across multiple cities.

A second reading took place on Sept. 16, and the Iraqi Federal Supreme Court recently endorsed the changes, stating they are in line with the constitution.

Iraq’s Supreme Judicial Council convened on Sunday to address the controversy, asserting that much of the media coverage on the proposed amendments has been “inaccurate.” The council stated the amendments are based on Article 41 of the 2005 Iraqi Constitution, which allows Iraqis to manage their personal status according to their religious beliefs and “choices.”

Excerpts from Noor Nafea’s interview with Al Sharqiya TV:

We were surprised by the extent of legal violations that accompanied the second reading of the proposed amendments to the Personal Status Law. The Parliament’s leadership violated Article 43 of the parliament’s internal regulations, which ensures the freedom of expression for lawmakers, and thus breached Article 4 of the internal regulations, which obligates the Speaker and his deputies to adhere to its provisions.

The Coordination Framework forces speak on the basis of the Shia majority, but we, the objectors, also have a majority. There are Shia female and male lawmakers who oppose the amendments and support the current law because it is solid and one of the best laws in the region.

The conduct of the Parliament’s leadership contradicts most of the internal regulations, as it ignored a petition signed by 134 lawmakers. By doing so, it opposed the lawmakers’ freedom of expression. We have immunity and the right to express, object, and state our opinions.

Our main objection revolves around the absence of a legal code for us to vote on. This is a dangerous precedent, and this is the first time Parliament is attempting to pass a law that is void of its articles. We cannot give up our legislative role to the religious endowments offices, which will write the legal code later.

The session discussed the age of marriage and inheritance, and there was a conversation about the possibility of setting the marriage age at 15, without affecting Article 57, which pertains to custody. If this can be done, why don’t we write the law ourselves instead of leaving it to the religious endowments offices?

We, the independent lawmakers and some smaller blocs, continue to oppose the proposed amendment to the Personal Status Law. If it is passed, we will resort to the Federal Court, as it violates the constitution, specifically Article 14, which stipulates equality among Iraqis before the law. This law does not ensure equality among Iraqis, neither between men and women nor between sects.

The proposed amendment also contradicts Article 41 of the constitution, which guarantees Iraqis the freedom to choose their religious sect. According to the proposed law, the man’s sect would be adopted in matters of divorce. So where is the right of the Iraqi woman to choose her sect?