In recent days, Iraqi public opinion and civil society have been embroiled in a major controversy that directly impacts Iraqi women and girls.

For over 30 years, we have worked in Iraq to protect the rights of the population, especially women and minors, respecting the complexities and richness of the Iraqi mosaic. Over the past six months, and particularly in recent days, Iraqi public opinion and civil society have been engaged in a significant debate regarding the rights of women and girls.

“In today’s world, where the rights of women and children are finally central to public discourse, even in Iraq, allowing marriage under the age of 18 is dangerous and could have catastrophic consequences for Iraqi society.” This is explained with great clarity by our Iraqi Head of Mission, who has worked with us for decades.

Indeed, three laws were recently passed in parliament, including one on personal status, which has sparked intense internal debate in the country over the years, largely ignored by international media. These laws, shaped by political compromises and sectarian divisions, are considered by many in Iraqi civil society to be among the most dangerous ever presented in parliament due to their impact on women, society, and Iraq’s already fragile social cohesion. There are also concerns about the constitutionality of the parliamentary session held on Tuesday, January 21, during which, in just 10 minutes, three highly divisive laws were approved (as highlighted by the Coalition 188 in a public statement). Among these, the amendments to the Personal Status Code are particularly troubling. This code governs personal and legal capacity, family law, marriage, the rights and duties of spouses, property arrangements, separation, divorce, filiation and custody, maintenance, guardianship, inheritance, and more.

THE PERSONAL STATUS CODE OF 1959

The Code, enacted in 1959 following the establishment of the Iraqi republic, was the result of mobilization by various segments of society, including the early women’s organizations that played a central role. The Code aimed to establish a unified legal system governing the personal status of all individuals. Based on Islamic principles, the Code also introduced a series of “civil” rights and protections, especially concerning marriage, divorce, inheritance, and the rights of women and minors. These were guaranteed to all citizens, regardless of their religious or sectarian affiliation. Since 2003, the Code has faced periodic attacks and attempts to amend it, which were countered by the mobilization of women, civil society, and political actors. At least until last Tuesday, when parliament approved new amendments that dismantle the Code’s “civil” character and increase the influence of Ja'fari (Shiite) and Hanafi (Sunni) jurisprudence as sources of law. This shift contradicts the Iraqi Constitution, which—while acknowledging the importance of religious traditions—emphasizes the establishment of a civil and democratic state rather than a religious or theocratic system. The original intent of the 1959 Personal Status Code was to safeguard civil rights, particularly for mothers and minors, without conflicting with Islam or other major religions in Iraq. The current advancement of sectarian laws significantly worsens the state of human rights in the country.

THE AMENDMENTS OF JANUARY 2025

The main change introduced by the amendments is the reduction of the 1959 Code to just one of several possible legal frameworks for personal status matters. Alongside it, both Shiite and Sunni jurisprudence are now included. In this context, the most alarming aspect of the new amendments is the legalization of child marriages. According to Ja'fari jurisprudence in Shiite Islam, the legal age for marriage is set at 9 years old for girls. The primary change is that the law can now vary depending on individuals’ religious affiliations, effectively institutionalizing sectarianism in the legal system and further dividing Iraqi society, with severe consequences for the country’s stability and security. Another modification repeals Section 5 of Article 10, which has been in force for over 15 years to prevent extrajudicial (i.e., exclusively religious) marriages. Until now, courts were required to approve all marriages, ensuring they met legal criteria on a case-by-case basis. The repeal strips state judges of their authority in this area, explains Coalition 188, a group of civil society actors at the forefront of resisting the changes to the 1959 law.

HOW IT AFFECTS IRAQI WOMEN

In addition to the already mentioned legalization of child marriage, the amendments and institutionalization of the principle of “sect” have particularly harmful consequences for Iraqi women and girls. Some of these include:


• Mothers who remarry lose custody of their children, with custody transferring to the paternal grandfather if the father declines it.
• Custody of minors is assigned to the paternal family in cases of divorce, even if initiated by the husband, at a younger age than before.
• If spouses belong to different sects, the husband’s sect will prevail. Similarly, in cases of marital disputes, the husband’s decision will prevail.
• Women may be denied the right to inherit property.
• Daughters may be denied their rightful share of inheritance.
• Mothers may lose custody of their children.
• Girls as young as nine years old can be married.
• Wives may lose the right to financial support if they fail to “satisfy” their husband.
• Temporary religious marriages are permitted, which, once dissolved, lead to severe social repercussions for women.

WOMEN IN IRAQ

It’s easy to see how these changes represent a significant deterioration in the lives of Iraqi women, whose courageous struggles for self-determination we have often supported and highlighted. Without going too far back in history, we can look at the events of October 2019, when women took to the streets in Iraq’s major cities to claim their space and voice in typically male-dominated environments. In February 2020, they marched through Baghdad in response to calls for them to return home and leave the public squares. Or we can turn to the words of long-time Iraqi feminist activist Hana Edwar, captured in Silvia Abbà’s book, Il mio posto è ovunque. Voci di donne per un altro Iraq (Astarte Edizioni and Un Ponte per):

“On February 13, 2020, there was a march in many Iraqi cities—Baghdad, the center, and the south of the country. It was incredible; women from all walks of life were there, young women leading the march with such confidence… Thousands of women walking the streets chanting slogans against gender violence. It was beautiful. I’m so proud of them. In that moment, I felt the entire space speaking about women as the revolution, as the voice of the revolution, the voice of trust in change, for a new future in Iraq.”

Even in less extraordinary circumstances, Iraqi women fight daily for their rights in their families, workplaces, and universities. As our Head of Mission concludes: “It is unimaginable for a young girl to become pregnant while still attending primary school. This is not the society we want to build. We Iraqis want a democratic, civil society that respects diversity. That’s why we need laws that apply equally to all social, religious, ethnic, and sectarian groups.” We can only share these concerns, these hopes, and continue to walk every day alongside our Iraqi sisters.