Parliamentary letter to the US Embassy regarding personal status amendments: Do not interfere, "Your messages are negative" - Urgent
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Baghdad Today - Baghdad
Member of the Parliamentary Legal Committee, MP Aref Al-Hamami, revealed today, Tuesday (September 10, 2024), the content of a letter to the US Embassy in Baghdad regarding amendments to the Personal Status Law.
Al-Hamami said in an interview with Baghdad Today, "We had a meeting with the US Deputy Ambassador in Baghdad a few days ago, based on her request, and all the comments that were addressed by social media platforms regarding the personal status amendments were clarified."
He explained, "We stressed the necessity of non-interference by the embassy because it is unjustified, does not send positive messages to the Iraqi people, and is considered an infringement on the rights of Iraqis. They have the right to decide for themselves to amend personal status based on the constitutional articles that we refer to in the event of a dispute."
Al-Hamami added that "much of what was reported on social media platforms and media outlets about the contents and provisions of the amendments is inaccurate, and some have promoted articles that do not exist at all," noting that "all sects have the right to proceed with adopting what they see as appropriate for them, even Christians themselves are working to propose amendments to their personal status laws."
He pointed out that "the amendments are being discussed and then an agreement will be reached to proceed with them," stressing that "any interference is an infringement and does not send positive messages in any case."
On Tuesday, August 20, 2024, US Ambassador to Iraq, Alina Romanowski, expressed her concern about the “proposed amendments” to the Iraqi Personal Status Law.
“We are concerned about proposed amendments to Iraq’s Personal Status Law that would undermine women’s and children’s rights,” Romanowski said in a tweet on the X platform.
"We urge Iraqis to engage in a civil dialogue that fully respects freedom of religion or belief and the rights of women and children," she added.
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 the amendments will lead to women being “deprived” of their rights and gains, 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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