On January 21, 2025, the Iraqi House of Representatives (parliament) approved a new law amending Law No. 188 of 1959 on personal status. The new law allows Muslim couples to select the Jaafari Shiite school of jurisprudence as the governing law for their marriage and family.
Main Provisions
The newly enacted law, sponsored by the Women Commission and the Family and Childhood Commission, amends article 2 of Law No. 188 of 1959. The amendments provide that, upon registering their marriage contract in the Personal Status Court, an Iraqi Muslim man and woman have the right to have the rulings of the Jaafari Shiite school of jurisprudence applied to them in relation to matters of family law. For marriage contracts concluded and registered before the law’s effective date, either party may submit a request to the Personal Status Court to apply rulings of the Jaafari Shiite school of jurisprudence. (Art. 2 (3) (a).)
The right to request the Personal Status Court to apply rulings of the Jaafari Shiite school to their family law matters is granted to every legally competent adult Iraqi Muslim man and woman. (Art. 2 (3) (b).) Once such a request has been made by one of the parties to the marriage, courts handling personal status cases will be required to adhere to the rulings of the Jaafari Shiite school. (Art. 2 (3) (c).)
The law provides that within four months of its effective date, the Shiite Endowment Scientific Council, with the assistance of judges and legal experts and in coordination with the State Council, shall develop a code of personal status based on rulings of the Shiite Jaafari school, and submit it to the parliament. (Art. 2 (3) (d).)
The law stipulates that the new code must not conflict with article 8 of Law No. 188 of 1959, which sets the age of consent at 18 years old.
The law also mandates that the new code comply with article 56 (4) of Law No. 188 of 1959, which governs matters of child custody in divorce. (Art. 2 (3) (e) (2).) Article 56 (4) states that the mother loses her right to child custody when the child turns seven years of age.
If parties in a family dispute disagree on whether to apply the rulings of the Shiite Jaafari school in cases of divorce, the court will apply the choice of the husband. (Art. 2 (3) (h).)
Statement of the Iraqi Parliament on Conformity with the Constitution
Following the approval of new law, the Iraqi parliament issued a statement affirming that the new law complies with the 2005 Iraqi constitution, specifically article 2, which prohibits the enactment of any law that contradicts established provisions of Islam, and article 41, which guarantees individuals the freedom to follow personal status laws consistent with their religions, sects, beliefs, or choice. The statement further added that the law was issued at the request of the citizens represented by the Shiite component in the parliament. It also clarified that, under the new law, the rulings of the Shiite Jaafari school of jurisprudence apply exclusively to Shiite Iraqis and do not apply to the Sunni Muslims in Iraq.
Opposition of Non-Governmental Organizations
As noted in a previous Global Legal Monitor article, some non-governmental organizations have criticized the amendments when they were proposed. For example, in August 2024, Human Rights Watch criticized a draft version of the legislation, claiming in a report that it would constitute a violation of women rights if passed.
George Sadek, Law Library of Congress
February 14, 2025
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