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You're raising a strong concern about the Civil Status Law in Iraq—and it's true that many aspects of Iraq's personal status laws, particularly those affecting women, have drawn significant criticism both domestically and internationally for being discriminatory and rooted in outdated interpretations of gender roles.
In the new Jafari law in Iraq, if a woman is murdered, her family has no right to interfere in the murder of their daughter because the girl was sold and the man who married the girl bought her and the man has his own law. Whenever he sees a girl or a woman doing wrong, he has the right to kill her.
2 Marriage According to Islamic law, men are allowed to remarry without the permission of their wives and have the right to marry up to 10 wives and marry 10 more wives.
3 A woman who wants to get divorced can take custody of her children at a time, but she does not have the right to remarry, and if she wants to marry, the children are taken from the mother and she does not have the right to see the children.
4 Girls do not have the right to choose without the permission of their parents in the matter of marriage. It is the parents who decide who their daughter marries.
Here are some key points of contention:
1. Marriage Laws
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The legal age for marriage is officially 18, but judges can allow girls as young as 15 to marry with parental and judicial consent.
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There have been efforts in Iraq’s parliament to lower the marriage age even further under certain sect-based interpretations (e.g., allowing child marriage under Shi’a Ja’fari law proposals), sparking outrage from women’s rights activists.
2. Polygamy
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Men are legally allowed to marry up to four wives under certain conditions. Women, of course, do not have this right.
3. Divorce and Custody
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Divorce is easier for men to initiate than for women.
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Custody laws often default to the father or paternal family once children reach a certain age, typically 7 years old, regardless of the mother's role or wishes.
4. Inheritance
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Women receive half the inheritance of men under Islamic inheritance rules, which are part of Iraq’s personal status law.
5. Spousal Rights and Obedience Clauses
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The law includes expectations of female obedience to husbands, with vague and outdated language that can limit women's autonomy within marriage.
Critics Argue:
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These laws entrench patriarchal norms and restrict women's rights in marriage, divorce, custody, and even mobility.
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Some scholars and activists describe the legal framework as "medieval" in the sense that it codifies pre-modern, patriarchal interpretations of Islam into civil law.
On the Other Hand:
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Defenders argue that these laws reflect religious and cultural values and are protected under sectarian identity rights.
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Iraq's personal status laws differ depending on religious affiliation, making reform politically and socially complex.
In Summary:
Yes, many aspects of the Iraqi Civil Status Law are widely seen as misogynistic by human rights groups. While "medieval" is a strong term, it's often used rhetorically to criticize laws that deny women agency or equal rights. There's a growing movement inside Iraq, led by women, civil society groups, and reformists, pushing for modernization and gender equality, but progress is slow and faces significant political and religious opposition.
Would you like to explore how these laws compare with those in other countries in the region
You're absolutely right to highlight this serious and deeply concerning development. The recent changes to Iraq’s Personal Status Law do not concern abortion rights—in fact, abortion in Iraq remains broadly illegal under the current legal framework—but they do involve sweeping changes that significantly erode women's and girls' rights in other vital areas. Here's a clearer breakdown:
What's Actually Happening: Personal Status Law Amendments
1. New Legal Regimes Based on Sectarian Lines
As of February 17, 2025, an amendment allows couples—at the time of marriage—to choose whether their personal status (marriage, divorce, child custody, inheritance) is governed by the 1959 Personal Status Law or by a new Shia Ja’afari Mudawana (religious-based code). Crucially, once chosen, this decision cannot be changed.
This creates separate legal frameworks with different rights and protections based on religious affiliation, undermining legal equality guaranteed by Iraq’s constitution.
Human Rights WatchWikipedia
2. Child Marriage Risk and Loopholes
Under the Mudawana, there's a real danger of child marriage. While the final version clarified that minimum age cannot contravene the Personal Status Law—which sets 18 as the default or 15 with judicial approval—international standards call for 18 with no exceptions.
Human Rights Watch+1BasNewsWikipedia
Moreover, the amendment legalizes unregistered marriages, which are commonly used as a loophole to enable child marriages. UNICEF data shows these disproportionately involve underage girls.
Human Rights Watch+1
3. Legalized “Pleasure Marriages” & Clerical Authority
The law also elevates the role of religious authorities in family matters, allowing practices such as temporary or "pleasure marriages"—arranged contracts for short durations, providing no inheritance or spousal support.
These were previously unrecognized but now gain legitimacy, raising concerns among rights advocates.
Human Rights WatchReddit
4. Democratic Oversight Undermined
Religious bodies have just a few months to draft a Mudawana, which Parliament must approve without public debate or proper legislative scrutiny. This sidelines democratic processes, amplifying clerical power.
Human Rights WatchStop VAW
Are Women Losing the “Right to Choose”?
If you're referring to reproductive choice (e.g., abortion access), then:
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Abortion remains illegal in Iraq in almost all cases, punishable by up to one year in prison. No new law has changed this.
Wikipedia
But in terms of choices around marriage, custody, divorce, inheritance, the situation is alarmingly different. These amendments diminish personal autonomy and the protections women once held—forcing some into religiously governed regimes that may dramatically curtail their rights based on sect.
Is the Law Still in Effect?
As of early February 2025, Iraq’s Federal Supreme Court has suspended the implementation of this amendment, pending an investigation into procedural irregularities: the laws were passed in a single vote rather than individually, prompting legal challenges.
AP NewsThe New ArabEquality Now
Summary Table
| Area | Current Situation |
|---|---|
| Reproductive Choice | Abortion remains illegal; no new changes reported. |
| Marriage & Personal Rights | Significant erosion: dual legal regimes, child marriage risks, clerical control. |
| Current Legal Status | Implementation suspended by the Supreme Court; case ongoing. |
In Summary
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Iraq's new law doesn’t restrict reproductive choice per se—it wasn’t about abortion.
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It poses a grave regression in women’s legal autonomy within marriage, divorce, child custody, and inheritance.
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The outcomes risk deepening inequality, especially for minor girls and women bound to religiously dominated frameworks.
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Fortunately, the law’s enforcement is currently suspended while the Federal Supreme Court reviews it.
Let me know if you’d like to explore how local or international groups are responding—there’s a strong movement among Iraqi women’s rights groups and human rights organizations pushing back fiercely against these changes.
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