Iraq is witnessing a broad debate over proposed amendments to the Personal Status Law, which are currently being discussed in Parliament. The proposed amendments allow Iraqis to choose between applying Shia or Sunni jurisprudence in matters of marriage and family instead of adhering to the current Civil Law No. 188, enacted in 1959 during Abdul Karim Qasim’s rule. Many consider this law to be one of the most progressive personal status laws in the region, as it prohibits child marriage under 18 and prevents religious leaders from intervening in marriage decisions.
The amendments have raised human rights and feminist concerns, with opponents fearing they may lead to the legalization of child marriage and a setback in women’s rights in Iraq. The debate over these amendments has extended beyond decision-making circles to include the media and social media platforms, where opinions differ between those who see the amendments as enhancing citizens’ freedom to organize their family lives and those who fear they may open the door to underage marriages.
The new amendments stipulate that “Iraqis have the right, when contracting marriage, to choose the sect whose provisions will apply to all personal status matters.” If the parties disagree on the source of the provisions, the approved religious opinion will determine the applicable rulings. The amendments also require the Scientific Council in the Sunni and Shia Waqf offices to develop a code of religious provisions and submit it to Parliament for approval.
The controversy over the amendments escalated after protests in Najaf against the law, where participants were attacked by religious leaders and tribal figures. Amid these tensions, Prime Minister Mohammed Shia’ Al Sudani affirmed his commitment to discussing all concerns raised about the amendments.
Opponents fear that the amendments could open the door to sectarian division and harm social unity, as many marriage contracts are conducted outside the courts by religious leaders. This means the amendments could legitimize these contracts and increase the suffering of underage girls.
Currently, the law sets the legal marriage age at 18 or 15 years with a judge’s permission. However, there are recorded cases of girls being married below the legal age, reflecting the extent of the problem. The current debate over Law No. 188 of 1959 is not the first. Iraq has witnessed significant intellectual and political battles over the law, with some considering it a qualitative leap in women’s rights.
Others, however, viewed it as a departure from Islamic law, which contributed to the overthrow of Qasim’s government in February 1963. After the coup, parts of the law were repealed, and amendments were introduced in line with sectarian backgrounds. Since the founding of the Iraqi state in 1921, women’s rights have been a continuous subject of debate. The 1959 law sought to strengthen the rule of law and women’s rights through provisions concerning marriage, divorce, alimony, and the rejection of forced marriage.
With changing governments and regimes, women’s rights in Iraq continued to face violations during wars and sanctions, leading to the deterioration of their social and economic status. In 2003, the Transitional Governing Council attempted to abolish the law, but the attempt failed, leaving Law 188 as part of the ongoing debate over women’s rights in Iraq.
The proposed amendments today put Iraq at a critical crossroads, either to preserve the rights of women and children or to drift towards laws that may set the country back. The discussions in Parliament are still ongoing, with hopes that the best interest of Iraqi society will be considered.
