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Personal Status Law.. Amendment raises controversy
Iraq 07/28/2024
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Baghdad: Huda Al-Azzawi
Although the House of Representatives has raised the paragraph on reading the first amendment to Personal Status Law No. 188 of 1959, the controversy is still ongoing regarding the amendments that were intended to be made to Article Two of the law and the issues that follow it, such as the right to custody, the age of marriage, alimony, inheritance, and others.
Advisor to the Legal Committees in the House of Representatives, Dr. Hatem Al-Rikabi, told Al-Sabah: “The current Personal Status Law is one of the best laws in the region, as it takes into account all religious sects and doctrines. However, the recent amendment submitted by one of the representatives gave advantages to religious parties at the expense of civil ones, which led to the creation of discrimination that is not mentioned in any Quranic text or other doctrine that legislates the marriage of a girl at the age of nine, which creates
serious problems.”
He explained that "society needs to legislate laws to strengthen ties, not to reduce laws to a group of representatives at the expense of the majority. The wording of the law was confusing and contrary to legislative sobriety, as most of the texts of the proposed law have loose ends and are not related to what the constitution stipulates regarding the legislation of laws based on the public interest and that they do not violate public interest," stressing that "the law cannot be passed in this session or the next session."
For his part, the head of the "Human Rights Defenders Organization", Dr. Ali Al-Bayati, indicated in an interview with "Al-Sabah" that "the most important points of contention in the draft proposed amendment are the issue of the age of marriage, which may be considered a violation of childhood rights, and making radical changes to the issue of custody, which requires dealing with more kindness and flexibility and giving more space in dealing with each issue in itself, due to the difference in circumstances and focusing on the interest and rights of the child and keeping him away from the area of conflict between the parents, which is apparent after divorce."
He added that "what Iraqi society needs most at the present time is to legislate laws and develop and strengthen the role of institutions in preserving the rights and dignity of the Iraqi person and achieving social justice in a way that maintains family stability."
As for the head of the Political Guidance Office in the "Amarji Liberal Party", Dr. Aseel Al-Azzawi, she saw in an interview with "Al-Sabah" that "this amended law will exacerbate the crisis of women, usurp their existence, and increase the deterioration of their economic situation by depriving them of inheritance and maintenance, and allows men to legally have multiple wives."
She explained that "the contract outside the court will also lead to the legalization of (temporary marriage)," considering that "all these new laws indicate an insult to women and their rights, and their dimensions are frightening for women and society," she said.
Editing by: Muhammad Al-Ansari
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