Shafaq News/ Demonstrators are poised to take to the streets in Baghdadand several Iraqi governorates on Thursday in a unified protest againstproposed amendments to the Personal Status Law (PSL), a move they argue couldpave the way for increased sectarianism and religious influence in familymatters. The controversial amendments, which would introduce separate legalcodes for Sunni and Shia marriages, have sparked widespread concern amongactivists and citizens alike, as they fear a rollback of civil rights under thecurrent law.
PSL Amendments Propose Sectarian Codes
"The current Personal Status Law is highly regarded in the regionfor its solid legal foundations, which are based on Sharia rulings. It ensuresequal civil rights for all Iraqis in matters such as marriage contracts, dowryregistration, and various aspects of divorce, including custody and alimony.Parliament's proposed amendments include introducing separate legal codes forSunni and Shia sects, the latter based on the Jaafari doctrine and the formeron the Hanafi doctrine," according to Ansam Salman, head of ISENOrganization for Human Rights.
Salman told Shafaq News Agency, "The proposed amendment isunacceptable in its current draft, which allows religious scholars to intervenein Iraqi family matters and indirectly promotes sectarianism. This led to theformation of the 181 Coalition, a group of activists opposing the law. Thecoalition has organized a unified protest to take place at 5:30 PM on Thursdayin Baghdad's Al-Tahrir Square and across most governorates."
"Further actions will be taken using all available means to preventthe enactment of this law in its current form. The goal is to maintain a civillaw applicable to all Iraqis."
Parliamentary Committee Clarifies
The head of the Women, Family, and Children Committee in the IraqiParliament, Dunya Al-Shammari, clarified the process and current status of theproposed amendments to the Personal Status Law amid growing public concern andplanned protests.
In an interview with Shafaq News Agency, al-Shammari explained that anylaws submitted to parliament are referred to specific committees as determinedby the Speaker of the House. The draft proposal in question has been referredto the Committee on Women, Family, and Childhood.
"The legal codes related to the Sunni and Shia endowments, as wellas other religious endowments, have not yet reached parliament and are stillunder discussion." She explained, dismissing current media reports aboutthe marriage of minors and other controversial issues as mere "mediatalk" and reiterating that the proposed amendments would allow forpersonal choice in marriage practices.
"Many laws submitted by the government or individual MPs can bewithdrawn or voted to be returned to the proposer. The first clause of theproposal states that the current Personal Status Law will remain in effect andunchanged. However, individuals who wish to marry according to their sectarianbeliefs will have that option. The current law will not be canceled; instead, aprovision will be added to allow freedom of choice between sectarian marriageor the existing Personal Status Law," al-Shammari stated.
She further asserted that women would have the right to choose betweenmarrying under the Personal Status Law or according to their sectariandoctrine. "Those who marry under the Personal Status Law will continue tobe governed by its provisions, while those opting for sectarian marriage in thefuture will be subject to the corresponding sectarian codes."
"Al-Shammari noted that any existing marriages under the PersonalStatus Law would remain governed by it unless both parties agree to switch to asectarian marriage framework."
Shiite Marja'a Rejects Sharia-Contradicting Law Amendments
Sheikh Mohammed Khalil Al-Sanjari, the representative of the top Shiitereligious authority, Ayatollah Ali Al-Sistani, in Baghdad, declared onWednesday that the supreme religious authority would reject any amendments tothe Personal Status Law that contradict Islamic Sharia.
Speaking to Shafaq News Agency, Al-Sanjari discussed issues related toalimony, inheritance, and marriage under Islamic law and their alignment withthe proposed amendments.
Regarding alimony, the new law stipulates that if a woman leaves herhusband's house, she is not entitled to alimony. Al-Sanjari clarified,"Under Sharia law, a woman is entitled to alimony during the 'Iddah'period, which lasts four lunar months and ten days (about four months), as sheremains his wife and has the right to housing and other necessities, asindicated by the Quran verse, 'Do not turn them out of their homes.' Thus, sheshould not leave until the 'Iddah' period ends."
Al-Sanjari also commented on cases where a woman leaves to stay at herparents' house and files for alimony. "This is not permissible if she leftby her own will and not by her husband's order. If he orders her to leave andgo to her parents' house, she is entitled to alimony. However, if she left onher own accord, she is considered disobedient and not entitled toalimony."
He further noted that under Sharia, if a woman stipulates in themarriage contract that she can obtain a power of attorney and the right todivorce in case of a dispute, she is entitled to exercise this right, and it isvalid according to Sharia.
Regarding the issue of marriage at the age of nine in the Jaafari sect,Al-Sanjari stated, "A girl is considered mature at nine years old thusmarriage is permissible. This is a general ruling and not obligatory, but as anIslamic obligation, she is considered accountable at nine and a man at fifteen.This varies based on the region's climate."
On the matter of inheritance, he said, "Under Sharia, a womaninherits by virtue of marriage or kinship. She is entitled to one-eighth if shehas children and one-fourth if she has no children. If the new law states thata woman cannot inherit if her husband dies, we will not agree to it becauseSharia grants her inheritance. We will reject any measure that contradictsGod's law."
In conclusion, Al-Sanjari affirmed that "in the amendment of thePersonal Status Law, we agree on alimony if the woman leaves by her husband'sorder and on marriage at the age of nine. However, we will reject denyinginheritance to women, as it contradicts Islamic Sharia. Although the amendmentsto the new law are still under discussion and we have not reviewed them yet,the constitution stipulates that laws must be legislated per Islamic principles."