![](\"https:\/\/i0.wp.com\/christianpure.com\/wp-content\/uploads\/2024\/11\/Iraq_Flagthree.jpg?quality=80&ssl=1\")
\n The Iraqi flag. \/ Credit: Alyaa99 \/ CC BY-SA 4.0<\/span>\n<\/div>\n
ACI MENA, Nov 29, 2024 \/ 06:00 am (CNA).<\/p>\n
Recent attempts to amend Iraq\u2019s Personal Status Law \u2014 a civil set of laws regarding family life \u2014 have sparked significant controversy. <\/p>\n
The proposed amendments pertain to issues such as the minimum marriage age for females, registering marriages in courts, divorce rights, and child custody and would have \u201cno positive outcomes,\u201d according to Dr. Muna Yaqo, Chairperson of the Independent Human Rights Commission in the Kurdistan Region.<\/p>\n
\u201cThe amendment deprives women of their rights, such as pension,\u201d Yaqo told ACI MENA, CNA\u2019s Arabic-language news partner. \u201cFor instance, any wife whose husband does not derive physical pleasure from her, whether due to illness or old age, is denied a pension. This is a grave human rights injustice.\u201d<\/p>\n
It is not the first time attempts have been made to amend the Personal Status Law. The earliest attempts date back to 2003 when Abdul Aziz Alhakim, who had assumed the rotating presidency of the Transitional Governing Council, issued a decree repealing the law and reverting to Sharia law. However, this decision was later rescinded.<\/p>\n
Yaqo, an expert in international law and minority issues, clarified that the proposed amendment does not directly concern Christians, noting that \u201cthe first article specifies its scope of application for Muslims, granting Iraqis the right to choose between Sunni and Shia doctrines when contracting marriage.\u201d However, she pointed out, \u201cAs an Iraqi, it is disheartening to discuss a law that permits child marriages in 2024.\u201d<\/p>\n As a Christian, Yaqo sees an opportunity in the proposed amendment. <\/p>\n \u201cIf passed, it would strengthen the case for presenting a draft Personal Status Law specific to Christians.\u201d She urged Iraq\u2019s churches to reach a consensus on issues like marriage, divorce, and inheritance to prepare a unified draft law.<\/p>\n Nevertheless, Yaqo expressed grave concern over the mere attempt to amend the law. <\/p>\n \u201cIraq has been a party to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child for decades. Enacting a law that contravenes these treaties would create a glaring contradiction in Iraq\u2019s official stance. Should the Parliament insist on passing the amendment, Iraq will face embarrassment as a country failing to honor its international commitments,\u201d Yago said, adding: \u201cBy signing the Convention on the Rights of the Child, Iraq committed to prioritizing children\u2019s welfare, focusing on education and health \u2014 not marrying off minors.\u201d<\/p>\n Yaqo called the proposed amendment a regression for women\u2019s rights, undermining the dignity safeguarded by Iraq\u2019s Personal Status Law No. 188 of 1959. \u201cThis is a significant setback,\u201d she said. \u201cInstead of progressing, we are regressing. Legally, marriage is a consensual contract between two competent adults. How can a 9-year-old girl be deemed capable of entering such a contract?\u201d<\/p>\n She further referenced jurisprudential sources. \u201cThe Ja\u2019fari school not only permits marriage for 9-year-old girls, but also allows infant betrothals and certain sexual practices with minors, such as fondling,\u201d she said.<\/p>\n Yaqo highlighted the complex political circumstances under which Iraq\u2019s constitution was drafted. <\/p>\n \u201cUnfortunately, compromises resulted in Article 41 of the Iraqi Constitution, which states: \u2018Iraqis are free to adhere to their personal status laws according to their religions, sects, beliefs, or choices, to be regulated by law.\u2019\u201d<\/p>\n She also noted that Article 2 of the Constitution requires laws to align with the immutable principles of Islam. However, since there is no consensus between Sunni and Shia sects on issues like marriage and divorce, the Federal Supreme Court\u2019s Decision No. 147 of 2023 \u2014 which defines Islamic principles as those unanimously agreed upon across all sects \u2014 renders reliance on Article 2 inapplicable.<\/p>\n Yaqo argued that the recent amendment proposal was cleverly crafted by focusing on only two articles. However, modifying these would effectively dismantle the entire Personal Status Law, replacing it with sect-based jurisprudence.<\/p>\n Iraq\u2019s Personal Status Law is considered one of the region\u2019s most progressive. Yaqo commended the Federal Supreme Court\u2019s acknowledgment that Article 41 requires amending, stating, \u201cThis means it cannot serve as a basis for amending the Personal Status Law, as no law can be issued without a constitutional foundation.\u201d<\/p>\n Chaldean Patriarch Louis Raphael Sako has also addressed the proposed amendments. In a prior interview with an Iraqi TV channel, he reiterated his call for a unified civil law applicable to all citizens, regardless of religion \u2014 similar to the practices of advanced nations. <\/p>\n \u201cToday\u2019s reality differs from decades ago,\u201d he said. \u201cWomen now hold leadership roles and occupy high positions in society.\u201d<\/p>\n He drew attention to Biblical teachings affirming equality and complementarity between men and women, adding, \u201cIn Christianity, inheritance laws are equal for men and women. We do not consider women deficient in reason or faith.\u201d <\/p>\n He also stressed that Iraqi churches do not permit marriage under the age of 18.<\/p>\n Regarding divorce, the Patriarch explained that in Christianity, marriage is not a contract but an eternal covenant. Exceptions apply only when a marriage is deemed null due to \u201cimproper foundations.\u201d<\/p>\n Dieser Artikel wurde <\/em>originally published by ACI MENA<\/em><\/a>, CNA\u2019s Arabic news partner, and has been translated and adapted by CNA.<\/em> <\/p>\n![\"Dr.](\"https:\/\/i0.wp.com\/christianpure.com\/wp-content\/uploads\/2024\/11\/142192022-85f5c23c-ac35-4a20-91f1-250245fd4c35.jpg?quality=80&ssl=1\")
A call for a unified Christian Personal Status Law<\/h2>\n
A step backwards for women\u2019s rights<\/h2>\n
Constitutional challenges and contradictions<\/h2>\n
A unified civil law: Patriarch Sako\u2019s vision<\/h2>\n