It is claimed that the amendments to the Personal Status Law, one of the three bills passed by the Parliament using the ‘bag law’ tactic, do not comply with proper legislative procedures.
Some Iraqi MPs have appealed to the Federal Supreme Court, demanding the invalidation of the parliamentary session held the previous day. During this session, three bills were passed as a package, including amendments to the Personal Status Law, which has been criticized for regressing women’s rights and permitting child marriage.
In addition to the amendments to family law demanded by Shiite parties, the Parliament simultaneously approved a general amnesty requested by Sunnis and a property restitution law aimed at returning land confiscated by Saddam Hussein in disputed areas to Kurdish and Turkmen owners.
Some MPs alleged irregularities in the voting process. MP Nur Nafe stated that the parliamentary speaker announced the bills were passed without a formal vote. Nafe claimed that MPs “did not raise their hands” and that some left the chamber in protest, calling the process a “disgrace.”
In an unprecedented move, the Parliament did not announce the quorum or the number of votes. A video posted on social media showed chaos in the Parliament after Speaker Mahmoud al-Mashhadani proposed approving the three bills in a single vote. The video depicts some MPs leaving the hall, while Mashhadani announces the bills’ approval and exits the chamber.
Mohammed Rasul al-Rumayti, one of the MPs, stated on Wednesday that he and other MPs had appealed the validity of the session to the Federal Supreme Court. “We have full confidence that the independent Iraqi judiciary will prevent any violation of the constitutional rights of our people,” he said.
Every bill approved by Parliament must be ratified by the President of the Republic before it can enter into force. However, it remains unclear whether the legal challenge will delay President Abdullatif Jamal Rashid’s approval of the three bills.
One of the bills passed by Parliament amends the 1959 Personal Status Law, lowering the marriage age from 18 to 15. Marriage at the age of 14 would be permitted with judicial approval.
Under the 1959 law, marriage and divorce are currently governed by civil law. With the amendment, men will be able to choose whether to marry under secular law or religious law. Women, however, have no such choice. Those who prefer to marry under religious law must choose between Sunni or Shia legal systems.
Sarah Sanbar, a researcher at Human Rights Watch, stated that marriage at the age of 15 violates international human rights laws. Iraq is a party to the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women, The National reported.
“The exceptions provided in the current Personal Status Law directly contradict these regulations,” Sanbar said. She added that one of the biggest concerns about the law is that it undermines the principle of equality before the law by introducing different rules for people based on their sects.
