On Wednesday, July 31st, 2024, The House of Representatives will be discussing the most dangerous and unjust law in Iraqi society.

The whole bill consists of some dangerous and inhuman laws. The law provides for marriage of girls low to 9 years of age (child marriage), deprivation of women of inheritance of property, and maintenance on condition of enjoyment, meaning, a woman whose husband cannot "enjoy” her, has no maintenance in Iraqi society.

Subsection (a) provides that the judiciary is empowered to create the marriage contract according to the religion of the husband in the event of an application by the spouses to determine the doctrine of the contract. This denies women the right to choose their belief in a legal marriage contract, contrary to international human rights principles that emphasize the need for equality and non-discrimination between the sexes in all matters relating to marriage.

Article 2 of the amendment allows legal marriage contracts to be validated outside jurisdictions, encouraging competent out-of-court marriages without sufficient legal guarantees to protect the rights of spouses. All marriage contracts must be certified before competent courts to ensure the rights of all parties involved are protected and to ensure the availability of legal guarantees that can be referred to in case of dispute.

It also proposes that a divorced mother is more likely to have custody rights until the child is seven, and that she should not be married in order to have custody.

This means that the underlying principle of the matter is that the mother should be deprived of custody of her children on attaining the age of seven, and that she should be deprived of custody immediately if she marries again.

However, a father does not have to be unmarried to get custody of the children.

The amendment makes the paternal grandfather more eligible for custody than the mother in the event the father dies or lacks custody requirements.

We are concerned that paragraphs (b) and (c) of Article 1, which refer to the adoption of "the law of provisions of Shariah in matters of personal status”, may open the way for broad jurisprudence interpretations leading to unequal and unfair application. The legal text must be a stable and clear reference to guarantee the rights of all citizens without discrimination.

In addition, paragraphs (f) and (c) of Article 1 entrust the task of constructing the code to the opinion of the renowned authority in the Shiite, Jaafari and Sunni intellectual schools. This raises questions on criteria of transparency and fairness Implementation of the best standards in human rights, so the selection of religious authorities must be based on clear and transparent standards to ensure fair implementation of the law.

The Iraqi Personal Status Law No. 188 of 1959 was acceptable compared to international law.

The bill also violates the provisions of the Universal Declaration of Human Rights:

Article 8:

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 16:

1.     Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

2.     Marriage shall be entered into only with the free and full consent of the intending spouses.

3.     The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

The House of Representatives and all parties and individuals who believe in human rights and freedoms must reject the proposed amendment to the Personal Status Law No. 188 of 1959, which has raised serious concerns about the restrictions on the basic freedoms of Iraqi citizens.

Including the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

It needs to protect the rights of individuals to choose and determine their personal status without discrimination.

I am concerned that this amendment will violate the constitutional and legal rights of the multi-sects who practice Islam in Iraq. Article 41 of the Iraqi constitution guarantees that "Iraqis are free to adhere to their personal status according to their religion, sect, beliefs and choices”.

At the same time, I am pleased with the strong civil movements against this bill, along with political activists, personalities and campaigns.