Iraq’s Lost Century - Proposal to Amend Personal Status Law Threatens Hard-won Progress

Abstract

Shia religious authorities, in collaboration with their political allies in the Iraqi parliament, seek to redefine Iraq’s personal status law according to religious rules. On July 29, the largest bloc in Iraq’s parliament, introduced a controversial bill to amend the Personal Status Law of 1959. This proposed amendment would mandate that Iraqis, upon marriage, choose either Shia or Sunni jurisprudence to govern all personal status-related matters within their marriage. This change creates legal uncertainty by replacing predictable, codified law with premodern, uncodified Islamic jurisprudence. Moreover, it disproportionately affects women, especially by facilitating early marriages.

Keywords

• early marriages
• Iraq
• Personal Status Law
• Shia and Sunni jurisprudence
• Iraq (Territory under Mandate)