KSC Statement on Proposed Amendments to Iraqi Personal Status Law no. 188 of 1959

Slemani, Iraq – August 13, 2024: Kurdistan Save the Children (KSC) is alarmed by recent proposals to amend the Iraqi Personal Status Law no. 188 of 1959. The proposed amendments would threaten the significant advances made by women and children in Iraq over many decades.

While proponents of these changes are advocating for the right to follow religious laws instead of the laws enshrined in Iraq’s constitution, there is ambiguity over what these religious laws would prohibit or condone. The religious codes, whether Sunni or Shia, have not yet been drafted or submitted to the judicial council for review and approval. It is worth noting, for instance, that some religious schools would set the legal age of marriage at nine for girls and 15 for boys – down from the current law which does not permit marriage before 18 years of age.

KSC’s legal team warns that there is a risk these amendments could be detrimental to the rights of women and children, with direct impact on marriage, polygamy, divorce, legal guardianship of children and inheritance.

KSC urges parliamentarians to remember that Iraq is a signatory to the UN Convention on the Right of the Child. The proposed amendments egregiously contravene the basic principles of this Convention which call upon signatories to “act in the best interest of the child” who should “never be subjected to any discrimination”, and guarantees the “right to survival and development”.

Most alarmingly, the proposed changes would lead to a dramatic increase in temporary marriages (permitted in some religious sects) and underage marriages of children arbitrarily deemed by clergymen to be of “mature age”.

“It would effectively eliminate the minimum age for marriage, as well as give potential to bypassing the process of notarizing a consensual marriage by the Iraqi courts, and remove accountability if a marriage isn’t legally notarized, not to mention the documentation issues this could bring about,” says Miran Ali, a member of KSC’s Legal Team.

KSC views such a development as posing a serious setback to Iraqi society as a whole, in particular to the rights of Iraqi girls. These risks include:

1. Physical and psychological health complications resulting from early pregnancy.
2. Decreased educational opportunities for Iraq’s women as young brides routinely drop out of school.
3. Exposure to domestic physical and sexual violence often prevalent in child marriage cases.
4. Adverse impact on economic stability and empowerment as children lack skills and education for meaningful employment.

“Freedom of choice should not come at a detriment to society as a whole. These proposed changes would give significant power to clergymen over the state, and the application of different religious codes will surely lead to further segregation of communities and less respect for Iraqi laws which have been commended over the years as the most advanced in the region,” says KSC President Sara Rashid. “We call on parliament to reject any measures that would turn the clock back on Iraq’s women.”

-ENDS-

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, Disaster Relief, Education, Health and Youth Ability Development. 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 founded by former First Lady of Iraq Hero Ibrahim Ahmad in 1991.

For more information

Contact: press@ksc-kcf.org

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