The Iraq personal status law amendment has sparked widespread criticism for limiting women’s rights and legal protections. Human Rights Watch called the reform a setback, arguing it effectively makes women “second-class citizens.”
In January, Iraq’s parliament modified the 1959 Personal Status Law. The change allows citizens to select either religious or civil regulations for family matters such as marriage, divorce, child custody, and inheritance. The amendment also established the Shiite Endowment Office’s “Code of Jaafari Rulings on Personal Status Matters,” which parliament approved.
Critics warn that the new law gives men disproportionate power over family matters. Husbands can now convert a marriage contract to Shiite religious law without informing their wives. They can also divorce without consent and claim full custody of children once they turn seven.
Ghazal, who requested only her first name be used, shared her personal experience with Human Rights Watch. Her ex-husband filed a lawsuit to retroactively apply the Shiite code and terminate her guardianship over her 10-year-old son. The marriage had ended a decade earlier. She called the situation “unacceptable,” saying the law allowed manipulation to strip women of rights gained under previous protections.
The amendment also weakens safeguards against polygamy. While a wife can request that her husband cannot remarry or divorce without her consent, the law still validates the marriage or divorce even if the husband violates these conditions.
Sarah Sanbar, a Human Rights Watch researcher in Iraq, emphasized that the Iraq personal status law amendmententrenches discrimination. She said the law removes women’s and girls’ agency, giving authority over their lives to men, and called for its immediate repeal.
Previously, feminists and civil society groups had opposed an earlier draft. They feared it would lower the legal marriage age for Muslim girls to as young as nine. Amnesty International warned that the amendment could also legalize unregistered marriages, bypass child marriage restrictions, and strip women of inheritance and divorce protections.
While Sunni courts may issue their own codes, they still largely follow the 1959 law. Analysts say this division could create further legal confusion and inequities across Iraq.
Ultimately, the Iraq personal status law amendment has intensified debates about gender equality, legal protections, and family rights. Critics argue the changes undermine decades of progress and place women and girls in vulnerable positions under the law.
The global community continues to monitor the law, calling on Iraq to align its legal framework with international human rights standards.
