Proposed Amendment to the Personal Status Law in the Balance of Sharia Considerations and Constitutional Standards

Abstract

This research analyzes the "Proposed Amendment to the Iraqi Personal Status Law of 2024," examining its Sharia and constitutional dimensions. The study addresses the structural problems and legal contradictions within the current Personal Status Law No. 188 of 1959, highlighting its misalignment with the rights and freedoms guaranteed by the 2005 Constitution of the Republic of Iraq. The paper argues that the proposed amendment effectively implements Articles 41 and 2 of the Constitution, which guarantee citizens the freedom to govern their personal status according to their religions and sects, while prohibiting legislation that contradicts established Islamic principles. Furthermore, the author outlines the amendment's positive impacts, notably restoring familial balance, addressing legislative gaps regarding child custody, alimony, and out-of-court marriage contracts, thereby achieving constitutional equality and reinforcing judicial independence. Conversely, the study refutes criticisms leveled against the amendment, such as allegations concerning the marriage of minors or the deprivation of women's inheritance rights, proving them to be legally and ideologically unfounded. The research concludes by recommending that the Shia and Sunni Endowment Diwans expedite the drafting of the "Codified Sharia Rulings" to safeguard national unity and legal sovereignty.