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Personal Status Law Will Not Be Applied in Kurdistan Region.. Parliament Is Currently Absent - Urgent
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Baghdad Today - Erbil
Legal expert Rebin Ahmed revealed, today, Wednesday (August 14, 2024), the extent to which the new personal status law can be applied in the Kurdistan Region.
Ahmed said in an interview with Baghdad Today that "federal laws are voted on by the Iraqi parliament," adding, "But their implementation in the region depends on discussing them in the regional parliament, reading them, and then voting to accept or reject them."
He added, "The Kurdistan Region is still working according to the Iraqi Personal Status Law of 1959, and since the parliament in the region is absent, any new law in Iraq requires the presence of parliament, and this is what will happen with the Personal Status Law."
Proposed amendments to Iraq's personal status law have sparked widespread anger among civil society, with accusations that they promote sectarianism in the country and legalize underage marriage.
Human rights activists fear that a proposed new amendment to the Personal Status Law will deprive women of their rights and interests, and will open the door to underage marriage.
The controversial amendment gives Iraqis, when concluding marriage contracts, the right to choose in organizing their family affairs between the provisions of the Shiite or Sunni sects or those stipulated in the Personal Status Law that has been in force for decades.
The current Personal Status Law, which is considered advanced in a conservative Iraqi society, has been in effect since 1959, shortly after the fall of the monarchy. It prohibits marriage under the age of 18 and prevents, in particular, clerics from confiscating the parents’ right to go to the state’s civil courts.
The new amendments state in one of their paragraphs that “an Iraqi man and woman have the right, when concluding a marriage contract, to choose the Shiite or Sunni sect whose provisions apply to them in all matters of personal status. Anyone who has not previously chosen to apply the provisions of a particular sect when concluding a marriage contract may submit a request to the competent personal status court to apply the provisions of Sharia to personal status, according to the sect he chooses, and the court must respond to their request.”
The draft law stipulates that “if the parties to a single family case disagree on determining the source of the rulings that must be applied in their request, the Sharia opinion shall be relied upon.” The new amendment also requires “the Scientific Council in the Shiite Endowment Office and the Scientific and Fatwa Council in the Sunni Endowment Office, in coordination with the State Council, to develop a code of Sharia rulings on personal status matters and submit it to the House of Representatives for approval within 6 months from the date of entry into force of this law.”
The amendment also includes the Personal Status Court’s approval of marriage contracts “concluded by adult Muslim individuals by someone who has a legal or religious authorization from the judiciary or from the Shiite and Sunni Endowment Diwans to conclude marriage contracts, after verifying that the pillars and conditions of the contract are met and that there are no impediments in the spouses.”
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