Iraqi Parliament Sparks Controversy with Amendments to Personal Status Law

Bader Al-Sammarraie

The Iraqi Parliament’s recent approval of amendments to the 1959 Personal Status Law has ignited fierce debate both locally and internationally. While proponents argue the changes honor constitutional guarantees of religious freedom, critics warn of devastating implications for women’s and children’s rights, particularly regarding the potential legalization of child marriage.

 

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The Amendments and Their Justification

The amendments allow Iraqi Muslims to choose whether to apply Sunni or Shia jurisprudence or adhere to the existing civil personal status law. Parliamentarians backing the changes claim this move reflects the constitutional principles of religious diversity and individual freedom as outlined in Articles 2 and 41 of the Iraqi Constitution.

MP Hassan Al-Moussawi, a supporter of the law, defended the amendments, saying, “This reform ensures that all religious communities in Iraq have their beliefs respected within the legal system. It’s a step toward greater inclusivity and fairness in a pluralistic society.”

However, critics argue that these changes could undermine existing protections for women and children. The possibility of lowering the legal marriage age to nine years for girls, based on specific interpretations of Islamic jurisprudence, has alarmed activists and rights groups.

Human Rights Concerns

Human rights organizations, including Human Rights Watch and Amnesty International, have issued stark warnings about the implications of the amendments. Critics say such changes could roll back decades of progress in protecting women and children from exploitation.

“Legalizing child marriage would devastate the lives of countless young girls,” stated Sarah Sanbar, an Iraqi researcher at Human Rights Watch. “These amendments prioritize outdated traditions over the fundamental rights of children. A nine-year-old girl should be in school, not a marriage contract.”

Local activist Layla Al-Tamimi voiced similar concerns, stating, “This law isn’t about respecting religious freedom—it’s about sacrificing the futures of vulnerable girls under the guise of tradition. Iraq is regressing at a time when the world is moving forward.”

Divided Opinions Within Iraq

Even within Parliament, opinions on the amendments are sharply divided. Some lawmakers have voiced strong opposition, criticizing both the content of the law and the process by which it was passed. MP Noor Nafeh Al-Jalhawi described the parliamentary session as a “farce,” stating, “The laws were passed without proper debate or a transparent voting process. It’s a disservice to the Iraqi people.”

Others believe the amendments reflect the deepening sectarian and political divisions in Iraq. Legal expert Ahmed Al-Bayati commented, “This law represents a compromise between political factions rather than a genuine effort to improve the personal status code. It’s part of a broader pattern of using legislation to appease sectarian interests.”

Broader Implications and Global Backlash

The passage of the law has drawn swift international condemnation. Advocates have called on Iraq to uphold its commitments under international treaties, including the Convention on the Rights of the Child, which defines anyone under 18 as a child.

Dr. Amal Al-Dulaimi, a professor of sociology at the University of Baghdad, remarked, “This amendment sends a dangerous message to the world—that Iraq values tradition over human rights. It risks alienating Iraq from the international community and undoing years of progress in gender equality.”

On the other hand, supporters of the law argue that it reflects Iraq’s cultural and religious identity. Sheikh Khaled Al-Ansari, a prominent cleric, said, “This amendment ensures that families can live according to their faith without interference. Respecting religious diversity is not a step backward—it’s a step toward harmony.”

A Turning Point for Women’s Rights

The amendments have reignited debates about the future of women’s rights in Iraq. The 1959 Personal Status Law was once celebrated as one of the most progressive in the region, granting Iraqi women significant legal protections. Activists fear the new amendments could dismantle these gains, particularly by eroding safeguards related to divorce, inheritance, and custody.

“This isn’t just about marriage laws,” said women’s rights advocate Huda Karim. “It’s about the broader message this sends—that women and girls in Iraq are not seen as equals. The consequences will ripple across generations.”

What’s Next?

The amendments also mandate the drafting of separate Shia and Sunni legal codes within four months, which will then require parliamentary approval. Critics worry this could deepen sectarian divides and create further legal ambiguities.

As Iraq moves forward with implementing these controversial changes, all eyes remain on its lawmakers, religious authorities, and civil society. Will Iraq protect its women and children, or will these amendments mark a significant regression in human rights?

Read also: Historic UK Visit Boosts Iraq’s Global Standing In Risk Assessments

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