Personal Status Law No. 188 of 1959 (Amended January 2025)

The Personal Status Law No. 188 of 1959 was adopted by the Iraqi Parliament under the government of Prime Minister Abd al-Karim Qasim. On January 21, 2025, the Iraqi Parliament, driven by conservative Shia lawmakers, adopted amendments to the law. The amendments granted religious authorities increased authority over personal status matters.

This law was one of the most progressive legal frameworks in the Arab world at the time. It unified personal status laws under a civil framework, ensuring equality for women in marriage, divorce, custody, and inheritance. Key provisions included setting the minimum marriage age at 18, requiring mutual consent for marriage, and restricting polygamy. The law was considered a cornerstone for women’s rights and a symbol of modern legal reform in Iraq. In January 2025, as noted above, amendments were passed that granted Islamic courts increased authority over family matters. Critics argue this change effectively lowers the legal marriage age for girls to as young as nine under certain interpretations, undermining protections against child marriage. The amendments also shift jurisdiction from civil courts to religious authorities, raising concerns about the consistency and fairness of legal rulings.

The original law was enacted under the progressive government of Abd al-Karim Qasim, aiming to modernize Iraq and promote gender equality. In contrast, the 2025 amendments were pushed by conservative religious factions, reflecting a broader trend of aligning laws with Islamic principles. The session in which the amendments were passed was marked by controversy, including accusations of procedural violations and disputes over the legal quorum.

The original law unified personal status laws under a civil framework, ensuring equality and fairness and empowered women by granting them rights in marriage, divorce, and inheritance. The shift to religious jurisdiction may lead to unequal application of the law, depending on the interpretation of Islamic principles. This could potentially include the ability for women to seek fair treatment in family matters and would, essentially, legalize child marriage, exposing young girls to health risks, early pregnancies, and denial of education.

Overall, the Personal Status Law No. 188 of 1959 represented a landmark in Iraq’s legal and social history, promoting gender equality and protecting vulnerable groups. However, the January 2025 amendments signify a significant departure from this legacy. While proponents argue that the changes reflect Islamic values and cultural traditions, critics view them as a rollback of fundamental rights. The amendments have drawn widespread criticism from human rights activists, who warn that they could lead to increased child marriages, health risks, and the marginalization of women. The international community has also expressed concern, urging Iraq to uphold its commitments to gender equality and child protection under international conventions.