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Thursday, Jan 23, 2025

Iraq Parliament Passes Controversial Amendments to Personal Status Law

Iraq Parliament Passes Controversial Amendments to Personal Status Law

Amendments grant Islamic courts greater authority, sparking debate over potential implications for child marriage.
Iraq's parliament has enacted amendments to the nation's personal status law, which opponents argue could effectively legalise child marriage.

The legislative changes, confirmed on Tuesday, provide Islamic courts with expanded control over familial issues, including marriage, divorce, and inheritance.

These amendments have faced criticism from activists, who warn that they could undermine Iraq's 1959 Personal Status Law.

This law had previously unified family legislation and implemented protections for women.

Under the current legal framework, Iraq mandates a minimum marriage age of 18 in most circumstances.

However, the new adjustments allow clerics to interpret Islamic law according to different schools of thought, such as the Jaafari doctrine, which some interpret as permitting the marriage of girls as young as nine.

The amendments were chiefly backed by conservative Shia lawmakers, who argue that aligning national laws with Islamic principles is essential to curbing Western influence on Iraqi culture.

In addition to these changes, the Iraqi parliament also passed a general amnesty law, seen as mainly benefiting Sunni detainees.

Critics claim it may absolve individuals involved in corruption and embezzlement.

Furthermore, a land restitution law directed at addressing Kurdish territorial claims was approved.

Intisar al-Mayali, a human rights advocate and a member of the Iraqi Women’s League, expressed concern over the amendments, fearing their effects on women's and girls' rights.

She emphasized that early marriage infringes on children's rights and disrupts protective mechanisms concerning divorce, custody, and inheritance for women.

The parliamentary session where these laws were passed concluded amidst disorder and allegations of procedural violations.

An anonymous parliamentary official disclosed that half of the lawmakers did not vote, allegedly breaking the required legal quorum.

The session reportedly saw protests, with some members vocally objecting and others ascending the parliamentary podium.

Following the session, several legislators criticized the voting method, in which the controversial laws were bundled together for a single vote.

Raed al-Maliki, an independent Member of Parliament, expressed support for the civil status law but highlighted concerns about its conjunction with other legislation, which, he suggested, could prompt a legal challenge in federal court.

In response, Parliament Speaker Mahmoud al-Mashhadani commended the passage of these laws as a significant move toward enhancing justice and organizing daily life for Iraqi citizens.
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