Iraq's parliament is one step closer to passing controversial amendments to Personal Status Law

Iraq's parliament is one step closer to passing controversial amendments to Personal Status Law
Proponents claim amendments align with Islamic law and could reduce divorces, but critics fear they enable child marriage and erode women's rights.




3 min read
18 September, 2024
Opponents also warn that the amendments could deepen sectarian divisions. [Getty]

Iraq's parliament took a step closer to enacting significant changes to the Personal Status Law No. 188 of 1959 during a session on Monday that featured intense discussions about amendments that would permit citizens to marry based on their religious sects. Critics argue these changes could erode established legal protections for women and children.

Chaired by Shia Deputy Speaker Mohsen Al-Mandalawi and attended by 180 lawmakers, the parliamentary session involved robust debates led by the committees on legal affairs, and women, family, and childhood. Proponents of the amendments assert that they are in line with Islamic law and the Iraqi constitution, suggesting that the changes could help lower divorce rates and bolster family values.

However, many activists and civil society groups have raised concerns, warning that these amendments could legalise child marriage and increase the control of religious authorities over family law, potentially reversing decades of progress in advancing women's and children's rights.

Amal Kabashi, Executive Director of the Iraqi Women Network, expressed significant reservations, "While the bill does not directly dismantle women's rights, it enables clerics from both Shia and Sunni communities to set distinct regulations on marriage age, divorce, and polygamy, undermining existing protections," she told The New Arab on Monday.

Activists like Kabashi are calling for a more comprehensive public discussion to thoroughly evaluate the changes, advocating for a process that incorporates views from all societal segments to reach a national consensus. They also caution that the amendments could deepen sectarian divisions by allowing distinct rules for Shia and Sunni communities, a point echoed by several lawmakers concerned about the bill's vague legal terminology and its compatibility with international human rights standards.

The discussions on these amendments overshadowed other legislative activities, including the second reading of an amendment to the 2016 Amnesty Law. This amendment, strongly advocated by Sunni political factions within Prime Minister al-Sudani's government, aims to exonerate thousands implicated under anti-terrorism statutes, often based on confidential informants' reports.

The amendment seeks broader coverage for financial disputes and minor offences, while maintaining the exclusion of individuals involved in terrorism.

Additionally, the Parliament passed legislation to facilitate the leasing of agricultural lands to boost productivity by utilizing idle farmland. This move aims to prevent the degradation of Iraq's agricultural resources and encourage more significant investment in agriculture.

In another vote, lawmakers approved the first amendment to the Martyrs' Foundation Law, restructuring the foundation to provide additional resources to support those affected by military operations and terrorism.

As the discussions on the Personal Status Law continue, the determination among activists and civil society groups to halt these amendments remains strong. They warn of potential adverse impacts on women's rights and social cohesion. Meanwhile, Shia blocs in the Parliament are pushing forward with the legislation, signalling looming political confrontations in the coming weeks.

MENA
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