Personal Status Law bill revised to address rights concerns
Iraq’s parliament has made significant revisions to the proposed Personal Status Law (PSL) bill, following opposition from MPs and activists concerned about the implications for women’s and children’s rights.
The revised bill was put before a vote in the chamber on Monday, but the session was derailed by a disagreement over tying the passage of the PSL bill to the approval of the General Amnesty Law. The contentious nature of both pieces of legislation has drawn significant public and political attention, particularly due to the original proposals submitted to parliament to amend the existing Personal Status Law No. 188 of 1959, that would allow Shia and Sunni Muslims to manage matters pertaining to marriage, custody and inheritance in accordance with religious jurisprudence.
Key changes in the revised PSL bill
1. Minimum Age of Marriage
A new provision in the revised draft specifies that the minimum age of marriage must not contravene the current PSL, which sets the minimum age at 18. However, the existing law allows an exception for individuals as young as 15 to seek marriage, provided there is no objection from their legal guardians and with a judge’s consent.
This change addresses widespread concerns from human rights organizations, which argued that the original draft bill could lower the minimum age of marriage to as young as 9. The amendment seeks to reaffirm the existing legal provisions regarding the minimum age.
2. Custody of Children
The revised bill also retains the existing provisions for child custody under the PSL, particularly for children under the age of 7. This amendment counters earlier fears that the bill could grant custody to fathers for children over the age of 2. By maintaining the current framework, lawmakers have sought to address public and advocacy group concerns about disrupting existing custody arrangements.
3. Polygamy Regulations
To address concerns about polygamy, the revised draft reinforces the requirements under the current PSL. These stipulate that a man seeking to marry more than one wife must prove that he has the financial means to support more than one wife; and that the marriage fulfills a legitimate interest as determined by the court.
By upholding these conditions, the revisions aims to prevent any weakening of judicial oversight in polygamous marriages, a key concern raised during earlier debates.
4. Religious Code Submission Requirements
Another key revision involves the jurisprudential code that will govern personal status matters for those wishing to apply religious law to their marriage, referred to in Arabic as the "mudawana." The revised draft mandates that the mudawana must be submitted to parliament within four months of the PSL bill’s passage for review and approval. This measure seeks to ensure legislative oversight and address fears that the bill could be passed without sufficient clarity on the mudawana’s content.
Will the PSL bill be approved?
The revisions to the draft bill represent an effort to address some of the most contentious points raised by lawmakers, rights organizations and the public. By aligning more closely with the existing PSL framework, advocates of the bill hope to alleviate concerns about the potential erosion of women’s and children’s rights. However, these changes may not fully quell opposition, as objections may arise once the mudawana is drafted.
Furthermore, with contentions over the General Amnesty Law still unresolved, it remains possible that political blocs may not reach a deal to approve the PSL bill until those issues are settled.