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Iraq

Slemani: KSC Addresses Concerns Over Controversial Amendments to Iraq’s Personal Status Law - New Amendments Spark Debate on Marriage Age, Custody Rights and Protections for Women and Children

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Slemani, Iraq — The recent passage of amendments to Iraq’s Personal Status Law on 21 January 2025 has sparked widespread concern, particularly about its potential impact on the rights of women, children and families. The amendments have raised critical questions about marriage age and custody arrangements, leaving many Iraqis uncertain about their implications.

At Kurdistan Save the Children (KSC), we remain deeply committed to safeguarding the rights and welfare of children and their communities. To address public concerns, our in-house legal team has carefully reviewed the amendments and provided answers to pressing questions about their potential impact.

Q&A with Miran Ali, Director, KSC Legal Team

1. What is the current legal age for marriage in Iraq? Does it differ in the Kurdistan Region?

Miran Ali: In Iraq and the Kurdistan Region, the minimum legal age for marriage is 18. However, in Iraq, judges may permit marriages from the age of 15, while in the Kurdistan Region, the threshold is 16 under specific conditions, i.e. with the consent of the legal guardian. The latest amendment to the Personal Status Law reiterates that the Shia code must align with these age limits, providing some legal safeguards.

2. Will 9-year-olds be allowed to marry?

Miran Ali: No, they should not in accordance with the current law. The new amendment allows the drafting of a Shia-specific code of law based on Jafaari principles, to be finalized within four months. Although in some Jafaari schools there is no minimum age of marriage and relations are permitted from puberty (as young as 9 years old), the amendment stipulates that the Shia code must not contradict the current marriage age law.

3. If an underage bride or groom is unwilling to marry, does the new law allow or compel such marriages to proceed?

Miran Ali: No, underage marriages (below 16 in the Kurdistan Region and 15 in the rest of Iraq) are not legally permitted. Judges are required to verify the consent and willingness of both parties before approving a marriage. If an underage individual is unwilling, the marriage cannot proceed.

Unfortunately, we do see cases of forced or early marriage in communities in Iraq, therefore a strict implementation of the law as well as community awareness is vital. It is also critical that marriages are officiated through legal courts, as the amendment suggests. In cases of early or forced marriage, victims and their families are encouraged to seek support from government agencies, such as the Department of Women’s Empowerment, domestic violence departments, juvenile courts or NGOs that protect women and children.

4. What are the main concerns with the approved Personal Status Law amendments, particularly with regards to the rights of women and children?

Miran Ali: The lack of transparency in drafting the Shia code of law is a primary concern. While the amendments acknowledge Jafaari principles, which touch on areas like inheritance, dowries and guardianship, it remains unclear how these principles will be incorporated. The uncertainty around the finalized code of law leaves significant room for concern about potential violations of women’s and children’s rights. We will know more within four months when the code of law is drafted and submitted to parliament. Once submitted, parliament will have 30 days to cast their vote. We hope that lawmakers take the time to thoroughly study the implications of this legislation before voting. One concerning issue is the provision for mixed households of Shia and Sunnis. If there is disagreement over which code of law applies to their family, the courts default to the husband’s code. This raises questions about whether women’s and men’s rights are being treated equally in such cases. Another aspect to consider is the authority of the scientific Shia committee which intervenes to decide when there is ambiguity in the code.

5. In cases of divorce under the new law, what happens to custody and access rights? Does the mother automatically lose custody?

Miran Ali: Under current law, custody typically remains with the mother until the child reaches 15 years of age provided the mother is deemed fit. However, the Jafaari code in some schools grant fathers sole guardianship of children from the age of 2. The amendments recommend maintaining maternal custody of any child until the age of 7, but there is no clarity about custody arrangements beyond this age. This ambiguity is a source of concern.

6. Does the new law specifically apply to Shia Muslims, or does it have broader implications?

Miran Ali: The amendments apply to all Iraqi Muslims, allowing individuals to choose between Shia and Sunni personal status laws. The Shia-specific code, based on Jafaari principles, will apply only to Shias, or anyone who chooses the Shia code. The code is expected to be drafted within four months and submitted to parliament for review. It is crucial that the parliament thoroughly scrutinizes the code to prevent unintended consequences for the rights of women and children.

7. Does this amendment violate international law or Iraq’s constitution?

Miran Ali: The Iraqi constitution guarantees equality for men, women and children and any code of law must align with these constitutional rights. Iraq is also a signatory to international human rights conventions, which set clear guidelines on protecting women and children. While the amendments aim to respect individual choices in personal status, the finalized code of law must not contradict Iraq’s constitutional and international obligations – even if some Jafaari principles do.

8. Did the voting process in parliament go smoothly?

Miran Ali: No, the voting process faced significant challenges. It is reported that many lawmakers present at the session did not cast their votes, which broke the legal quorum. Complaints have already been filed regarding the voting process, and there is a high likelihood that it will result in a legal appeal to the Federal Court.

Further insights and recommendations will follow in our detailed analysis. Stay tuned.

About KSC

KSC is a non-profit, non-political and non-sectarian organization that provides assistance to children regardless of race, gender, political or religious affiliation. It operates through four essential programs: Child Protection, Education, Health and Youth Ability Development as well as emergency relief during disasters.

KSC’s main aim is to work directly or indirectly to ensure a better future for children by improving and providing their various medical, social, economic and educational needs.

KSC was co-founded in 1991 by Hero Ibrahim Ahmad and Shanaz Ibrahim Ahmad, currently First Lady of Iraq.

For more information: Contact: press@ksc-kcf.org

Visit our website: https://www.ksc-kcf.org/