Woman laws at Iraq
Iraq's legal framework concerning women's rights has undergone significant changes, particularly with the recent amendments to the Personal Status Law. Here's an overview of the current legal landscape:
Recent Amendments to the Personal Status Law
On January 21, 2025, the Iraqi parliament approved amendments to Law No. 188 of 1959, known as the Personal Status Law. These amendments allow Muslim couples to choose between the existing civil law or the Jaafari Shiite school of Islamic jurisprudence to govern their marriage, divorce, and family matters. This change has been met with criticism from women's rights groups, who argue that it could lead to the erosion of women's rights and protections.
Concerns Raised by Activists
Human Rights Watch has expressed concern that the amendments could undermine women's rights by:
Allowing child marriages, as the Jaafari school permits marriages at a younger age.
Legalizing unregistered marriages, which can be used to circumvent child marriage laws.
Removing critical protections for divorced women, such as the right to remain in the marital home or receive financial support from the former husband.
Current Legal Protections
Despite these concerns, some protections for women remain:
The minimum legal age for marriage remains 18, with exceptions starting at 15 with judicial approval.
The law retains provisions regarding polygamy and child custody, though their application may vary depending on the chosen legal regime.
Ongoing Legal Challenges
The Federal Supreme Court of Iraq has suspended the implementation of the new legislation following complaints about the voting procedure. This suspension includes the amendments to the Personal Status Law, pending further adjudication.
Conclusion
While Iraq's legal system continues to evolve, recent amendments to the Personal Status Law have raised significant concerns regarding the potential erosion of women's rights and protections. The suspension of these amendments by the Federal Supreme Court indicates ongoing legal scrutiny and potential for further reform.
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