SEED Statement on the Passage of the Amendment to the Iraqi Personal Status Law No. 188 of 1959

SEED expresses concern regarding the passage of the long-debated amendment to the Iraqi Personal Status Law No. 188 of 1959 by the Iraqi Council of Representatives (COR) on January 21, 2025. For two decades, some political parties have proposed changes to the Personal Status Law (PSL) that would introduce sectarian distinctions among Iraqis, starting with the Governing Council decree in 2004, followed by the al-jafari Draft Law in 2016, and, finally, the current amendment.

Prior to its passage, the proposed amendment raised significant concerns among a wide range of stakeholders from various ethnic and religious components of Iraqi society, as well as among parliamentarians, judges, academics, media, NGOs, human rights advocates, and activists, due to its potential to facilitate severe infringement on basic human rights, particularly the rights of women and children. Pushing this heavily contested amendment through as part of a legislative package, in which three laws were put to a single vote, is unprecedented and demonstrates the degree of profound disagreement among Iraqi representatives on its content.

Persistent pressure and lobbying to halt the amendment over the past several months has led to the inclusion of a few key concessions and safeguarding provisions. For example, the choice between the application of the unified PSL provisions and soon-to-be issued religious codifications now only applies to the Shia sect. Additionally, the amendment stipulates that the minimum age for marriage will not be lowered below the current minimum in Iraq’s PSL, and includes no provision to deprive a mother of custody rights for a child under the age of 7. However, the amendment lacks any restriction on the regulation of other personal status matters within the sectarian codes, which could lead to serious issues such as legalizing temporary marriages, expanding polygamy beyond four marriages with a temporary marriage, and making a woman’s entitlement to alimony dependent on the husband’s satisfaction within the marriage. Moreover, the legalization of out-of-court marriages undermines the judiciary’s authority. The absence of clear accountability or oversight mechanisms for those authorizing such marriages also raises concerns about ensuring compliance with existing safeguards and procedures.

Ultimately, the passage of this amendment represents a serious step back from a civil state to a sectarian religious state, and may lead to even more grave repercussions if the upcoming religious code is not carefully scrutinized. To ensure the full and equitable protection of all Iraqi women and children in alignment with the rights enshrined in Iraq’s Constitution, as well as the applicable international frameworks to which it is signatory, SEED calls on the Presidency and Judiciary of Iraq to repeal the amendment, carefully review the constitutionality of its provisions, and recommit to upholding the integrity of the Constitution in the issuance of all domestic law.

-ENDS-

SEED Foundation is a local NGO in the Kurdistan Region of Iraq, committed to protecting, empowering, and supporting the recovery of survivors of violence and others at risk. Our approach to this mission is integrative and holistic. We provide quality and comprehensive services, including mental health and psychosocial support (MHPSS), legal, protection, and shelter services; training, capacity building, and education for those working to protect and serve survivors; and policy and advocacy to strengthen laws, policies, practices, and protections for vulnerable people, and to promote social change.

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