Shafaq News/ Iraqi legal and civil rights activists are voicing sharpopposition to proposed amendments to the Personal Status Law (PSL,) as EuropeanParliament intervention escalates debate over the future of women’s rights inIraq.
While women’s advocates welcome international support, legal expertswarn that foreign involvement threatens Iraq’s sovereignty.
What Are PSL’s New Amendments
The Personal Status Law, enacted in 1959 under Prime Minister AbdulKarim Qasim, applies to all Iraqis regardless of sect. The proposed amendments,however, would allow Iraqis to choose whether Shia or Sunni laws govern theirpersonal status matters, such as marriage. Individuals who haven't selected asect’s laws can request a personal status court to apply their chosen religiouslaws, which the court must respect.
If parties in a family case disagree on the applicable legal source, theamendment stipulates that religious opinions will prevail. This change givesgreater influence to religious texts over current civil law.
Additionally, the amendments require the Shia and Sunni EndowmentCouncils, working with the State Council, to draft a comprehensive code ofreligious rulings on personal status issues. This code would need to besubmitted to Parliament for approval within six months of the law’s enactment.
Another key provision involves personal status courts validatingmarriage contracts performed by Muslims. These courts must ensure all contractsmeet both religious and legal conditions before recognizing them.
Shia voices within the Coordination Framework argue that the amendmentsare constitutional and address family-related issues. In contrast, civil societyactivists and political parties have criticized the changes, calling thecurrent law the "best in the region."
Opponents also claim the amendments permit child marriage, deprive wivesof alimony and custody rights, and replace civil laws with sect-specificreligious texts. This shift, they argue, undermines the progress Iraq has madein women’s rights.
The bill had its first reading on August 4, 2024, with previous similaramendments proposed in 2014 and 2017 that failed due to widespread opposition.Despite boycotts and concerns from opponents, the second reading went ahead onSeptember 16, without incorporating their recommendations.
In response, the Iraqi government decided to review the raised concernsthrough the "Supreme Council for Women's Affairs."
European Parliament Position
According to an official statement, European lawmakers warned of theconsequences of the recent proposal, which they argue violates Iraq’sinternational obligations regarding fundamental women’s rights.
The members commended the Iraqi women, including femaleparliamentarians, as well as NGOs, activists, and civil society members, whohave spoken out against the proposal, fighting to preserve one of the region’s“most progressive” laws.
They noted that the penal code currently does not legally protect womenand children “who are victims of domestic violence in Iraq.” The proposedamendments to the Personal Status Law, if passed, would result in a "moreradical" implementation of the law.
The European Parliament urged Iraq to adopt a national action plan toeliminate child marriage, criminalize marital rape, combat domestic violence,and enhance the rights of women and girls in line with the UN Convention on theElimination of All Forms of Discrimination Against Women (CEDAW).
The European Parliament also called on the EU delegation in Iraq to"make development grants conditional on judicial training related tosexual violence and the establishment of shelters for women" and urged EUmember states to increase their support for women’s and children's rightsdefenders in the country.
Iraqi Feminists Welcome EU’s Stance
Iraqi women's rights activists have expressed support for the EuropeanParliament's call on Iraq's Parliament not to pass the proposed amendments.They view the European position as a recognition that the amendments violate"humanitarian and legal standards" and marginalize Iraqi women bylimiting their role to marriage and childbearing.
Shurooq Al-Abayji, Secretary-General of the National Civil Movement,emphasized that the international opposition to the proposed amendmentsreflects concerns about human rights and the well-being of Iraqi society, notjust women's issues. "This is not merely a women's issue," Al-Abayjitold Shafaq News. "The legislative mindset pushing these amendments isalarming from a human rights perspective and contradicts Iraq's obligationsunder international treaties it has ratified."
Al-Abayji further stressed that international support is not justsymbolic, but legally grounded in Iraq’s commitments to global conventions."This international support exposes the fact that the proposed amendmentstruly violate humanitarian and legal standards," she added.
"What we are witnessing now is not reflective of the dignity andrights Iraqi women deserve. We once led the region in women's education andparticipation in society, but now the role of women has beenmarginalized." She said.
She also criticized the “narrow” view of women held by officials, notingthat they are increasingly seen only in terms of marriage and motherhood."This reduction in the status of women marks a setback for Iraqi society.Women's historical and vital role alongside men is integral to Iraq's identity.We will not abandon this fight to support women and Iraqi society as awhole," she concluded.
The amendments also led to form a new coalition with all its members united against "the best Law in the region."
Broad Coalition to Reject PSL Amendments
Former member of the Women's Committee in Iraq’s Parliament, RizanSheikh Dler, highlighted the formation of Coalition 188, a nationwideinitiative, including in the Kurdistan Region, to oppose the proposedamendments to the Personal Status Law. The coalition, she said, aims to combatthe negative impacts these changes could have on society.
The "188" Coalition, named after Iraq's Personal Status LawNo. 188 of 1959, is a social and civil alliance dedicated to “defending civillaws and public freedoms against amendments threatening national unity andpromoting sectarianism.”
Speaking to Shafaq News, Dler explained, "There are internationaltreaties concerning human rights, particularly the rights of women andchildren, and the European Parliament stands as a protector and advocate forthese rights."
She stressed the importance of international cooperation in defendingthese fundamental human rights, pointing out the role of the EuropeanParliament in “safeguarding protections for vulnerable groups, particularly inlight of domestic legislative efforts that threaten to undermine them.”
Despite the welcome, Iraqi experts rejected the EU stance.
Questions About Iraq's Sovereignty
Legal expert Walid Al-Shibli asserted that the European Parliament holds“no legal authority in Iraq and has no responsibility for enforcing treaties orlaws within the country.”
“Internal laws are purely domestic matters, and foreign interference inthese laws constitutes a breach of national sovereignty.”
Speaking to Shafaq News, Al-Shibli questioned, "Is the Westernmodel for women and family something Iraq should emulate? Iraq, after all, wasthe cradle of lawmaking, and regarding the CEDAW convention, Iraq hasreservations on any clauses that contradict Islamic law."