The Evolution of Iraq’s Personal Status Law

Iraqi law is considered one of the most prominent and flexible legal systems in the region. It contains many interpretations and contradictions, the most notable of which is found in the Personal Status Law.

The previous effective law states that Islam is the dominant religion. The new amendment, however, added the phrases ‘Islamic religion’ and the ‘Jaafari doctrine,’ a school of thought within Shia Islam, raising many questions, including:

• Why is Iraqi law written for only two groups, Sunnis and Shiites?

• What about other religions? Do they not have the right to determine their fate?

• What about Christians and Yazidis? What about their rights and marriages?

So, why has Iraqi law failed to evolve in a way that reflects the diversity of its society but is rather limited to only these two groups?

Naziha Al-Dulaimi, the first female Arab minister of municipalities in the 1959 government of Abdul Karim Qasim, took significant steps to address women’s rights. She formed committees and associations like the Iraqi Women’s League, whose goal was to study the social reality of women from different religions, including Shiites, Sunnis, Kurds, Christians, and others. After extensive studies in rural and urban areas, female doctors, jurists, and educators presented laws that would serve and preserve women’s rights to these committees. Their findings were then submitted to an appointed committee that drafted laws reflecting the need for social reform. Despite anger from Iraqi clerics, the law was implemented and remains in effect today.

Since 1959, there have been various attempts to amend the law. The Baath Party tried during its rule but did not succeed due to the strained relationship between Saddam Hussein and the Shiites. In 2003, the topic resurfaced when Abdul Aziz Al-Hakim, a prominent Shiite cleric and leader of the Supreme Council for the Islamic Revolution in Iraq, proposed abolishing the Personal Status Law. However, the plan was canceled when Paul Bremer, the head of the Coalition Provisional Authority overseeing Iraq at the time, intervened.

In 2014, the Al-Fadhila Party, an Islamic party, proposed abolishing the law. However, strong opposition from women’s rights defenders led to the proposal’s abandonment due to the entry of ISIS into Iraq, which caused the displacement of many Christians and Yazidis in the region. Following the COVID-19 crisis, discussions around amending the law resumed, though no changes were made.

Most of the proposed changes to the Personal Status Law, from the Baath Party era to today, have been driven by religious parties and clerics. These groups aim to shape the law in ways that serve their own interests, often at the expense of women’s rights. None of these proposals have been created by committees that include diverse voices or are based on scientific research. Instead, they rely on religious codes that often limit women’s freedoms and rights. This approach also directly conflicts with the Iraqi Constitution, which states that only the elected House of Representatives has the authority to draft laws, not religious leaders.

The 1959 law preserves women’s rights to inheritance, children, and custody, as well as the legal age for marriage. It also criminalizes anyone who marries a minor or conducts marriages outside the court, with specific penalties.

The new proposed law, however, allows the marriage of minors as young as nine years old. It also permits marriages conducted outside the court, threatening family integrity and increasing the risk of child exploitation through practices like child marriage, dowries, and divorces. Additionally, under the new law, women are denied the right to inherit property or land—a right they previously held.

The clergy’s increasing influence over time led to many attempts to transform Iraq from a democratic state into a religious and jurisprudential state, especially following the American occupation of Iraq. This transformation was marked by continuous wars, migrations, and ethnic cleansing of non-Muslims.

Since 2003, the Christian population in Iraq has significantly decreased, now totaling no more than 250,000 out of 1.5 million people since 2003. According to the Human Rights Commission, “1,315 Christians were killed in Iraq between 2003 and 2014, in addition to the displacement of 130,000 and the kidnapping of 161 others during the period of ISIS control over Mosul from 2014 to 2017.” Christianity in Iraq is the second-largest religion after Islam. 

The Yazidi population has also declined from 550,000 to 360,000, with the majority now residing in camps in northern Iraq.

The Iraqi Constitution promotes diversity in several key ways. Article 1 defines Iraq as a federal state, while Articles 2 and 3 recognize Iraq as a nation made up of various nationalities, religions, and sects. Additionally, Article 41 gives Iraqis the right to follow their own personal status laws, such as those governing marriage, divorce, and inheritance. This is why the 1959 amendment to the Personal Status Law was created—to align with these constitutional principles and the diverse needs of society.

This new law is the beginning of gradually transforming Iraq into a jurisprudential state, empowering both religious and political leaders. Iraq’s Constitution promotes diversity, yet the new amendment — if enacted — does not reflect these principles.