Problems with the Proposed Amendment to the Iraqi Personal Status Law No. (188) of 1959 (An Analytical Study)
Keywords:
Problematic, amendment proposal, Personal Status Law, doctrinalization, marriage of minors.Abstract
The law of personal status occupies a significant and sensitive position in human societies in general, as it is closely linked to the formation and organization of relationships within family life. It also relates to an individual's beliefs and social status within society, meaning that any change or amendment to such a law can profoundly influence society, dividing it into proponents and opponents. This is exactly what we are witnessing today in Iraqi society, following the proposal for the amendment of the Iraqi Personal Status Law No. 188 of 1959, which was submitted to the Council of Representatives. The proposal has sparked tensions and widespread disagreements, stemming from contradictions between the proposed amendments and existing legislative provisions beginning with constitutional provisions and extending to the Civil Code, which serves as the foundational framework for private laws, including the existing Personal Status Law.
This ongoing conflict among different groups in society over the proposed amendment is an important issue, as it not only threatens the family system in Iraq but also endangers social, economic, political, and security stability. The amendment reinforces nationalism and sectarianism, whose negative effects have plagued the Iraqi people for centuries. Additionally, the proposed amendment affects the rights of the most vulnerable groups in society that are women and children whose rights shall not be overlooked. Thus, this research focuses on its main themes (namely sectarianism and underage marriage) within the framework of legal provisions and juristic opinions, approached objectively and through an analytical legal methodology.
References
Al-Quran Al-Karim
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1. The Iraqi Constitution of 2005 (in force).
2. Iraqi Civil Code No. (40) of 1951 and its amendments.
3. Personal Status Law No. (188) of 1959.
4. Iraqi Juvenile Care Law No. (76) of 1983.
5. Egyptian Child Law No. (12) of 1996, amended by Law No. (126) of 2008.
6. Kurdistan Regional Government Family Violence Law No. (8) of 2011.
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7. A Scientific Committee led by Amina Afrukhi and others, Diagnostic Study on Early Marriage, The Public Prosecution of the Kingdom of Morocco, available on the website:
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