Iraqi Parliament Delays Consideration of Controversial Personal Status Law Amendments

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Iraqi Parliament Delays Consideration of Controversial Personal Status Law Amendments

Iraq, Baghdad: The Iraqi parliament has delayed the first reading of proposed amendments to the Personal Status Law No. 188 of 1959 in response to significant public and legislative opposition. Critics fear that these amendments could legalize child marriages and worsen violations of women’s rights. Human and women’s rights advocates are concerned that the changes might deepen sectarian divides and increase religious influence over personal status matters.

The amendments, primarily supported by the Shia Coordination Framework, would permit religious clerics from both Shia and Sunni sects to finalize marriage contracts outside the court system. This raises concerns about the legality of such marriages, particularly in relation to age requirements. The proposed changes also include the creation of a "Personal Status Code" for Shia and Sunni issues, which would be developed within six months based on prevailing scholarly opinions.

Iraqi law currently establishes the minimum legal age for marriage at 18, but permits marriage at 15 with judicial approval in exceptional circumstances. However, many marriages are unregistered and performed by religious leaders. The amendments also propose changes to child custody arrangements, prioritizing mothers in divorce cases while allowing courts to decide based on the child’s best interests. The parliament’s delay reflects ongoing debates about reconciling religious authority with women’s rights and maintaining sectarian harmony.

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