Victims of Ideology: Iraq’s Personal Status Law Amendment

Introduction

The recent legislative changes to Iraq’s Personal Status Law have ignited controversy, yet it remains an underreported issue at a global stage. The Parliament decision to amend the Personal Status law empowers the religious courts on matters such as marriages, divorce, and inheritance, reflecting a disturbing growing trend of adopting religious teachings in a political sphere. It marks a significant step back in history, threatening women’s and children’s welfare and rights.[1]

Conservative factions have argued that these changes are imperative to align the law and Islamic values, pushing out the western cultural influence from the country.[2] The liberal critics have contended that this amendment undermines the legal protection guaranteed to women by the Personal Status Law 1959. This shift allows the religious clerks to interpret Islamic law according to their discretion, which can lead to a rise in the number of child marriages for girls as young as nine, specifically under the Jafari school of Islam followed by the Shia community.

The Implications of the legislative change are highly draconian and far-reaching. Child marriage as a concept has been left in the pages of history. Reviving this concept and implementing it can take the nation back to dark times. Sexual and Physical abuse come hand in hand with child marriages. Women would be more vulnerable to trauma and financial dependence. The amendment diminishes the autonomy of an entire gender by exposing them to lawful exploitation.

The article focuses on specific aspects of the amendment and analyses the blatant violation of international human rights agreements, particularly, the Convention on the Elimination of All Forms of Discrimination Against Women[3] and the Convention on the Rights of the Child.[4] Granting the religious sect the authority to decide on family matters contradicts the existing legal framework of Iraq and breaches several international agreements protecting women and children from abuse.

Personal Status Law- Legal Background and Recent Amendments

Personal Status Law was enacted in 1959 as Law 188[5], a landmark legislation for the people of Iraq as it unified family law across the country. While Islamic Sharia teaching was still entangled with the law, it was comparatively progressive. This particular act governed matters such as marriage, divorce, child custody, and inheritance for Muslims in Iraq.[6] The religious factions and women’s rights advocacy groups had managed to reach a common ground within the newly formed state.

However, the recent amendments to the Personal Status Law have introduced several changes which empower the religious courts with discretion to reinterpret the age of marriage. The recent amendment that came into force in 2025, allows a couple to choose between civil law or specific Islamic schools of jurisprudence. This enables the religious faction to enable sect-based interpretations of the law.

Since the fall of Saddam Hussein in 2003, the Shia political community have gained considerable authority and power, which has led to diminished women’s rights. Religious authorities and clergy have had an increasing influence over legislative changes reflecting an agenda for incorporating religion with state law. Under the previous legal framework of the Personal Status Law, the minimum age for marriage was 18, with exception to 15 years with judicial approval. The amendment has altered this parameter, marking a significant change. Empowering religious courts with individual rights and discretion to interpret law undermines decades of progress towards equality. Below are the significant changes:

1. Sect-based interpretation of family law creates a risk of a fragmented legal system where rights vary and are based on religious affiliation. This will cause an erosion of a unified legal standard needed for stability. Different sects of Islam follow different standards and religious rules. Allowing sectarian divisions threatens individual rights and deepens the risk of division within the society.
2. The Jafari school of Islam is followed largely by the Shia community. This particular school does not have a minimum age for marriage, allowing a girl who has started puberty to get married. The amendment could permit child marriages for girls as young as nine years and boys as young as fifteen under this school.[7] At first glance it seems ‘optional’, but reintroducing such values is oppressive and eventually can be adopted without the option of following a more liberal path.
3. Unregistered marriages conducted by religious leaders, though not officially registered, are extremely prevalent.[8] These types of marriages are illegal under the Personal Status Law but are used as a loophole[9] to neglect the legal minimum age for marriage. The amendment legalizes these unlawful marriages and allows the religious leaders to finalize them instead of the courts.
4. Institutionalizing unregistered marriages and permitting their practice leaves women and children without any legal protection in cases of inheritance, divorce, and child custody, making them further vulnerable to exploitation and abuse.
5. The amendment reduces judicial authority and oversight by allowing religious courts to determine marriage eligibility without following the standard legal criteria. Religious adaptation and interpretation can be developed without public review. This raises concern about transparency and accountability.
6. The amendment was passed on the 21^{st of} January 2025, reportedly there was no formal vote.[10] This indicates a lack of transparency. Conservative Islamic factions are driving the wheel towards adapting strict religious interpretations and teaching, which marginalizes several groups and communities. 

Legal Violations: Conflict with International Treaties

The contradiction of several international treaties and norms, which Iraq has ratified, is blatantly offensive to International Law. Iraq is a signatory to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention on the Rights of the Child (CRC), specifically designed to protect the rights and interests of women and children.

CEDAW is often considered as an international bill of rights for women.[11] The convention mandates all signatory countries to eliminate discrimination against women in all spheres. Article 1 of CEDAW defines discrimination against women as “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field”[12]

The convention has aimed to bring equitable treatment for men and women, however, by empowering religious courts with discretionary authority on family law, it reinforces gender inequality and directly violates the provisions of CEDAW. The convention dictates that all measures have to be taken to eliminate discrimination against women in matters relating to marriage and family, ensuring equal rights in marriage, full consent and the right to choose a spouse[13]. Permitting unregistered marriages and religious integration with law, the amendments directly contravene these rights and protection CEDAW offers in private spheres of marriage and family life.

The Convention on the Rights of the Child under Article 1 defines ‘child’ as anyone under the age of 18[14]. CRC emphasizes the right to protection from harmful practices and child marriage by default is a harmful practice making it a contradiction to the convention and violating its commitment to protect children’s rights.

Beyond CEDAW and CRC, the Personal Status Laws amendment also undermines several other international legal standards. Notably, the International Covenant on Civil and Political Rights[15] and the International Covenant on Economic, Social and Cultural Rights.[16] The amendment contradicts the conventions by depriving someone of rights based on their religion.[17]

An entire gender falls under disadvantage, especially under religion, which is why protection of their rights became an international issue. Despite Iraq being a signatory to these treaties, the legislative reform has contradicted the legal commitments made by the state. The conflicting law has drawn criticism from UN bodies and the international community[18], highlighting the incompatibility of the amendment with the obligation of the states’ commitment to the international legal standard.

Conclusion

In summary, the amendment has presented a challenge for women and children in Iraq. The law now not only has profound negative social implications but supports regression as well. From its question delegation of authority to religious courts and obvious contradictions of CEDAW and CRC, the amendment undermines decades of progress and sacrifices women have made for their future. This legislative reform is not only legally flawed but morally and socially deplorable. The long-term impact on the society as a whole would be dire. Iraq does not seem to be budged by the international reputation it has recently acquired, therefore, the international community would have to unite to advocate for immediate reversal of the said reforms.

Integrating religion with the state has historically proven to be a disastrous path leading to oppression, discrimination and erosion of individual freedom. The current situation in Afghanistan serves as a reminder of the consequences of prioritising religion over individual rights. Ultimately, these policies are about control and suppressing voices to maintain some authority over women. Women are facing a systematic dismantling of the hard-won safe spaces they created.

Legal systems must evolve to meet basic human rights standards. Using the word ‘modern’ or ‘western’ somehow offends religious practices. Whereas, if history is studied properly, at any period, women were not even allowed to practice their fundamental human rights. Meaning, the country should evolve to a more civilised state rather than regress to barbarianism. The future of Iraq depends on its ability to uphold the principles of safeguarding dignity and individual rights and preventing descent into oppression.

[1] Amnesty International, ‘Iraq: Reject Changes to Personal Status Law Which Would Allow Child Marriage and Further Entrench Discrimination’ (10 October 2024) https://www.amnesty.org/en/latest/news/2024/10/iraq-reject-changes-to-personal-status-law-which-would-allow-child-marriage-and-further-entrench-discrimination/.

[2] Associated Press, ‘Iraqi Lawmakers Pass a Bill That Critics Say Legalizes Child Marriage’ CNN (21 January 2025) https://edition.cnn.com/2025/01/21/middleeast/iraq-child-marriage-lawmakers-criticize-bill-intl-hnk/index.html.

[3] Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (adopted 18 December 1979, entered into force 3 September 1981) UNGA Res 34/180 https://www.un.org/womenwatch/daw/cedaw/text/econvention.htm.

[4] Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) UNGA Res 44/25 https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child.

[5] Law No 188 of 1959, Personal Status Law (Iraq) and amendments https://www.peacewomen.org/sites/default/files/lawref_iraqpersonalstatuslaw1959_aba_0.pdf.

[6] Sanbar S, ‘Iraq's Amended Personal Status Law Could Make 9-Year-Olds Brides’ (Democracy for the Arab World Now, 19 September 2024) https://www.hrw.org/news/2024/09/19/iraqs-amended-personal-status-law-could-make-9-year-olds-brides.

[7] KSC, ‘Slemani: KSC Addresses Concerns Over Controversial Amendments to Iraq’s Personal Status Law - New Amendments Spark Debate on Marriage Age, Custody Rights and Protections for Women and Children’ (ReliefWeb, 24 January 2025) https://reliefweb.int/report/iraq/slemani-ksc-addresses-concerns-over-controversial-amendments-iraqs-personal-status-law-new-amendments-spark-debate-marriage-age-custody-rights-and-protections-women-and-children.

[8] Human Rights Watch, ‘Iraq: Unregistered Marriages Harm Women and Children’ (3 March 2024) https://www.hrw.org/news/2024/03/03/iraq-unregistered-marriages-harm-women-and-children.

[9] Lucia Hanmer and Marina Elefante, The Role of Identification in Ending Child Marriage (The World Bank, 2025) https://documents1.worldbank.org/curated/en/130281472492551732/pdf/The-role-of-identification-in-ending-child-marriage-Identification-for-Development-ID4D.pdf.

[10] MacDonald A, ‘Iraq: Revised “Sectarian” Law That Raised Fears over Child Marriage Passed Without Vote’ (21 January 2025) https://www.middleeasteye.net/news/sectarian-law-potentially-allowing-child-marriage-passed-without-vote-iraq.

[11]UN Women, CEDAW for Youth (UN Women, December 2016) https://www.unwomen.org/en/digital-library/publications/2016/12/cedaw-for-youth.

[12] Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (adopted 18 December 1979, entered into force 3 September 1981) UNGA Res 34/180 https://www.un.org/womenwatch/daw/cedaw/text/econvention.htm.

[13] Ibid

[14] Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) UNGA Res 44/25 https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child.

[15] UN General Assembly, International Covenant on Civil and Political Rights (16 December 1966) https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights.

[16] UN General Assembly, International Covenant on Economic, Social and Cultural Rights (16 December 1966) https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights.

[17] UNFPA, Iraq: Gender Justice – Assessment of laws affecting gender equality and protection against gender-based violence https://arabstates.unfpa.org/sites/default/files/pub-pdf/Iraq%20Country%20Assessment%20-%20English_0.pdf.

[18] UN Human Rights Council, Mandates of the Special Rapporteur on violence against women and girls, its causes and consequences and the Special Rapporteur on the sale, sexual exploitation and sexual abuse of children (Ref: OL IRQ 4/2024, 10 September 2024) https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=29342.

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