[size=35][size=35]The controversy over “Article 57” of the Personal Status Law returns again... Here are the latest developments[/size]
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05-30-2024 | 03:15
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Alsumaria News - Politics
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Member of the House of Representatives, Firas Al-Muslimaoui, said, “Amending Article 57 of the Personal Status Law is very important to preserve our families and the Iraqi family, especially after the House of Representatives’ success in legislating the law against prostitution and homosexuality, so it has become necessary for us to amend Article 57 to preserve the cohesion of the Iraqi family.” ".
He added, "There is a positive and good atmosphere from the representatives to amend this article," indicating that "with the election of a new speaker of parliament, the article could be amended in order to preserve the Iraqi family," according to the official Al-Sabah newspaper.
The principle, according to the Personal Status [url=https://www.alsumaria.tv/entity/1512738343/%D9%82%D8%A7%D9%86%D9%88%D9%86 %D8%B1%D9%82%D9%85 188 %D9%84%D8%B3%D9%86%D8%A9 1959/ar/]Law No. 188 of 1959[/url] in force, is that custody should be given to the divorced mother, for a period of ten years, whether the child in custody is male or female. The court may extend custody for a year or two, or until the child in custody reaches fifteen years of age, according to the child’s interest, and the child has the right after that. Choosing a foster person. The law - in force - also establishes a number of exceptions regarding custody, including granting the teenage child (15 years old) the right to choose with whom he will reside, his mother or his father. It also uses medical committees to prove the interest of the child, and the court can place the child in custody in the hands of a custodian it deems trustworthy, if The parents are not qualified for custody, and the court may also place the child in state-designated foster homes.
In early July of 2021, the House of Representatives held a first reading (preliminary discussion) of the draft amendment to the Personal Status [url=https://www.alsumaria.tv/entity/1512738343/%D9%82%D8%A7%D9%86%D9%88%D9%86 %D8%B1%D9%82%D9%85 188 %D9%84%D8%B3%D9%86%D8%A9 1959/ar/]Law No. 188 of 1959[/url], and the proposed amendments in the House of Representatives regarding the Personal Status Law sparked widespread debate and widespread anger that swept the country even though the House of Representatives put it up for the first reading only. .
Article 57 of the proposed new law constituted a point of contention in the Iraqi street because it grants the father the right to custody of the child after he reaches the age of seven, while the current law in force grants the mother the right to custody of the child until he reaches the age of ten, at a time when the father allocates hours to watch the child in courts or places. Other.
Among supporters of the amendments because they restore rights denied to the divorced father in the current law, and opponents of them because they take away the right of custody to the divorced mother in several stages and situations, it seems that the controversy will return again regarding Article (57) after it has eased slightly in the past period.
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Policy
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05-30-2024 | 03:15
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Alsumaria News - Politics
The House of Representatives seeks in the coming period to approve an amendment to Article 57 of the Personal Status Law, which relates to the right to custody of the children of divorced spouses. The amendments proposed over the past years were considered by many activists and legal specialists as a “step backwards” if approved, while supporters of the amendments were A different opinion.
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Member of the House of Representatives, Firas Al-Muslimaoui, said, “Amending Article 57 of the Personal Status Law is very important to preserve our families and the Iraqi family, especially after the House of Representatives’ success in legislating the law against prostitution and homosexuality, so it has become necessary for us to amend Article 57 to preserve the cohesion of the Iraqi family.” ".
He added, "There is a positive and good atmosphere from the representatives to amend this article," indicating that "with the election of a new speaker of parliament, the article could be amended in order to preserve the Iraqi family," according to the official Al-Sabah newspaper.
The principle, according to the Personal Status [url=https://www.alsumaria.tv/entity/1512738343/%D9%82%D8%A7%D9%86%D9%88%D9%86 %D8%B1%D9%82%D9%85 188 %D9%84%D8%B3%D9%86%D8%A9 1959/ar/]Law No. 188 of 1959[/url] in force, is that custody should be given to the divorced mother, for a period of ten years, whether the child in custody is male or female. The court may extend custody for a year or two, or until the child in custody reaches fifteen years of age, according to the child’s interest, and the child has the right after that. Choosing a foster person. The law - in force - also establishes a number of exceptions regarding custody, including granting the teenage child (15 years old) the right to choose with whom he will reside, his mother or his father. It also uses medical committees to prove the interest of the child, and the court can place the child in custody in the hands of a custodian it deems trustworthy, if The parents are not qualified for custody, and the court may also place the child in state-designated foster homes.
In early July of 2021, the House of Representatives held a first reading (preliminary discussion) of the draft amendment to the Personal Status [url=https://www.alsumaria.tv/entity/1512738343/%D9%82%D8%A7%D9%86%D9%88%D9%86 %D8%B1%D9%82%D9%85 188 %D9%84%D8%B3%D9%86%D8%A9 1959/ar/]Law No. 188 of 1959[/url], and the proposed amendments in the House of Representatives regarding the Personal Status Law sparked widespread debate and widespread anger that swept the country even though the House of Representatives put it up for the first reading only. .
Article 57 of the proposed new law constituted a point of contention in the Iraqi street because it grants the father the right to custody of the child after he reaches the age of seven, while the current law in force grants the mother the right to custody of the child until he reaches the age of ten, at a time when the father allocates hours to watch the child in courts or places. Other.
Among supporters of the amendments because they restore rights denied to the divorced father in the current law, and opponents of them because they take away the right of custody to the divorced mother in several stages and situations, it seems that the controversy will return again regarding Article (57) after it has eased slightly in the past period.
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