Outcry and protests erupt nationwide over amendments to Iraqi Personal Status Law

Across Baghdad and several Iraqi provinces, women's rights groups and civil society organisations have taken to the streets in a substantial display of dissent against the Iraqi Parliament's move to amend the country's Personal Status Law, which critics say threatens constitutional rights for women and risks deepening societal divisions along sectarian lines.

At the heart of the unrest is the first reading of a bill on  4 August, which seeks to revise the Personal Status Law No. 188 of 1959. The proposed amendments are feared to enhance the power of religious authorities over civil courts, potentially legalizing  female child marriages and curtailing fundamental women's rights.

Demonstrations orchestrated by a coalition of women's rights organizations and NGOs occurred in key cities like Basra, Babylon, DhiQar, Kirkuk, Najaf, and Diwaniya.

Amal Kabashi, a notable women's rights advocate from Baghdad, expressed her alarm to The New Arab, citing that "The proposed amendments compromise the principle of equality guaranteed under Article 14 of Iraq's constitution, paving the way for a judicial system plagued by proportionalism and sectarianism, jeopardizing both societal and familial unity."

Kabashi also pointed out that the amendments could remove protections for women regarding forced divorce compensation, custody rights, and other personal status matters currently safeguarded under existing legislation.

Further exacerbating concerns, the ruling Shia Coordination Framework has promoted amendments that would allow Shia and Sunni clerics to finalize marriage contracts outside of traditional court systems, raising serious legal and ethical questions, particularly regarding the permissible age for girls to marry.

Kabashi highlighted the dire implications, saying, "Should these amendments pass, they would not only allow but potentially normalize child marriages, even as young as nine years old. Moreover, they could legally sanction various forms of marriage currently unrecognized by Iraqi law, such as pleasure and misyar marriages."

Srood Mohammed Faleh, director of the Iraqi Al-Amal Association's Kirkuk branch, echoed these sentiments, labeling the amendments as retrogressive. In a statement to TNA, Faleh lamented, "The law that has been in place for 70 years has better-protected women's rights than these proposed changes, which represent a regression for our advancing society."

Activists like Faleh are pushing back hard against a second reading of the bill, arguing it violates the core principles of Iraq's constitution. They warn of numerous adverse outcomes, including an increase in child marriages and a significant erosion of constitutional rights for women, children, and even men. The amendments, they argue, would severely undermine the authority of civilian courts in handling marriage, divorce, custody, and housing matters.

Current trends in Baghdad and other regions, like the prevalence of pleasure marriages disguised as temporary unions orchestrated by religious clerics, highlight the urgent need for legislative scrutiny. Such temporary or pleasure marriages, known as Sigheh, are widespread in Iran. Critics are concerned that the proposed bill could legalize these transient marriages, further endangering women's rights and potentially increasing the risk of sexually transmitted diseases, including AIDS.

The protests underscore a pivotal moment for Iraq as it confronts the challenge of reconciling traditional religious values with the essential rights and freedoms of its citizens, particularly women.