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Parliamentary Women: The proposal to amend Article 57 oppresses women
Iraq 2024/07/01
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The Women, Family and Childhood Committee in the House of Representatives considered that the version of the amendment to Article 57 carries great injustice to women and prevents them from marrying because it stipulated that the child be taken away from them.
Committee Chairwoman Dunya Al-Shammari explained to Al-Sabah that “the proposed amendment to Article 57, which is concerned with child custody, currently being presented in the House of Representatives, includes great injustice to women, as there is no Sharia or Islamic law, nor any of the laws of neighboring countries, that stipulates the withdrawal of child custody from a woman after she marries again.”
Al-Shammari added that “the law in force and applied in Iraqi courts is unjust to men’s rights, so we hope that there will be a draft law or a draft that cares about the child, and after that the rights of the mother and father in raising and educating the child,” explaining that “amending the law that faced strong objections within the council will not be presented during the current legislative session after the legal committee presented it, and I do not believe that it will pass, unless there is a draft law that the political blocs agree upon.”
She continued, "The committee received the United Nations delegation and the political advisor to the office of the American embassy in Iraq, and we discussed amending Law 57 and the laws in force for the law on Yazidi survivors and displaced women from Al-Hawl camp," pointing out that "the American advisor stressed the importance of joint custody between the father and mother, because the law The current situation deprives one of the parties of custody, and therefore joint custody must be achieved.”
She stated, “The committee demanded that the father be accompanied and that the viewing not take place inside the courts, because it is unfair to the father or mother, and unfair to the child in custody by being in places that are not suitable for children.”
For his part, a member of the Parliamentary Legal Committee, Sajjad Salem, told “Al-Sabah”: “Some representatives presented a proposal regarding amending the personal status articles, especially Article 57 regarding child custody,” adding, “We are in favor of keeping the child’s custody with his mother as she is more aware of him and his requirements.” And the article remains as it is without modification.”
Edited by: Ali Abdel Khaleq
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