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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Established in 2006 as a Community of Reality

Many Topics Including The Oldest Dinar Community. Copyright © 2006-2020


    Iraq Personal Status: An Endless Debate Between Sects and Rights

    Rocky
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    • Post n°1

    Iraq Personal Status: An Endless Debate Between Sects and Rights Empty Iraq Personal Status: An Endless Debate Between Sects and Rights

    Post by Rocky Wed 25 Sep 2024, 6:30 am

    [size=38]Iraq Personal Status: An Endless Debate Between Sects and Rights[/size]


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    September 23, 2024[You must be registered and logged in to see this link.]
    Baghdad/Al-Masala:
    The heated debate continues in Iraq over the draft amendment to the Personal Status Law of 1959, which is one of the oldest civil laws in Iraq and the region. The controversy attracts multiple parties, and the proposed draft raises concerns related to sectarianism and women’s and children’s rights. At the same time, supporters defend it as an extension of the principle of religious freedom stipulated in the constitution.
    The current Personal Status Law (No. 188 of 1959) focuses on ensuring the rights of individuals and families in matters of marriage, divorce, alimony, custody, and inheritance. However, there are attempts to amend it to reflect, according to its supporters, the text of Article 41 of the Iraqi Constitution, which grants individuals the freedom to adhere to their personal status according to their religion or beliefs.
    Opponents of the amendment see it as a threat to civil rights accumulated over many years, especially those related to women’s and children’s rights, as it opens the door to the possibility of legalizing the marriage of minors and enshrining sectarian discrimination in personal status matters.
    Objectors argue that the way the law is being proposed sets a dangerous precedent, as it will be voted on before its detailed provisions are determined, which is unconventional in the legislative process.
    On the opposition side, there are civil society organizations, especially women’s organizations, which are concerned about the impact of the amendment on the gains achieved by Iraqi women under the current law.
    A group of activists issued a statement rejecting the amendment, considering it a step towards “regression.”
    Supporters of the amendment believe that these concerns are exaggerated or incorrect, and that the amendment does not aim to deprive women or children of their rights, but is based on the principle of religious freedoms, and allows individuals to choose according to their beliefs.
    The Supreme Judicial Council entered the fray and issued a statement saying that “the proposed articles do not include any texts related to the marriage of minors or the violation of women’s rights,” noting that the media controversy “reduces” the draft law in an inaccurate manner.
    Supporters rely on Article 41 of the 2005 Constitution, which allows Iraqis the freedom to adhere to their personal status according to their beliefs. They defend the amendment as a constitutional and legal necessity, taking into account the religious and sectarian diversity in Iraq.
    One of the most controversial points concerns how the law will be implemented, as it is proposed that a jurisprudential code be drafted for each sect after the law is voted on, in cooperation between the Shiite and Sunni endowments and the Judicial Council, and that it be subject to parliamentary ratification within 6 months.
    The US Ambassador in Baghdad expressed her concern about the proposed amendments, which increases the sensitivity of the file, and Iraqi parties considered it interference in Iraqi affairs.
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