by Dario Salvi

The ‘Personal Status Law’ approved without a parliamentary vote alarms activists and civil society. The fear of a ‘disintegration’ of the family and a step backwards in the role (and rights) of women. Iraqi scholar Saad Salloum: ‘Barter’ between the three main political forces Shiite, Sunni and Kurdish and linked to the interests of each'. Card. Sako: ‘Shocking’ norm that violates ‘freedom’.

Milan (AsiaNews) - It is a controversial law, approved in an anomalous manner by forcing parliamentary procedures, and was presented as part of a package of regulations that reflect internal tensions in Iraqi politics and possible repercussions in the social sphere due to the ‘re-emergence of sectarian, confessional and nationalist tensions’.

Saad Salloum, a journalist and associate professor of political science at al-Mustanṣiriyya University in Baghdad, one of the capital's most prestigious universities, and an expert on Iraqi and Middle Eastern issues, reflects on the fears and perplexities of a large part of public opinion.

According to many female activists and prominent members of civil society, the scholar explains to AsiaNews, ‘the amendment to the Personal Status Law fuels fears of a disintegration of the Iraqi family and will end up relegating the role of women within it to the margins’.

Mock law

The Personal Status Law, together with the rule on general amnesty and that on the return of property to its owners, in force since 21 January after the House of Representatives gave the go-ahead, are a source of deep controversy in the country.

This clash is linked both to the procedure used for approval without a real vote by the deputies and to the directives contained within them. The choice has raised a wave of indignation among activists and critical voices, particularly among legislators who have branded the decision a ‘farce’.

The entry into force followed ‘months-long disputes between deputies with a progressive escalation,’ Saad Salloum recalls, ‘and which led to the cancellation of many sessions due to quarrels and debates.

‘These disagreements,’ he adds, ‘have resulted in boycotts and mutual accusations, reflecting the deep division over these laws and their impact on the political scene’.

The law stipulates that Muslim couples must specify the sect (Sunni or Shia) when signing the marriage contract, allowing religious courts to intervene in cases instead of civil courts. This change has caused widespread concern, as many experts and jurists believe it exacerbates sectarian divisions and weakens the social fabric of Iraq.

Other elements are even more controversial, because they include provisions that would allow the marriage of children from the age of nine, justified on the basis of Ja'fari jurisprudence followed by some Shia Muslims.

In addition, the proposed amendments prohibit Muslim men from marrying non-Muslim women and grant greater authority to religious figures in managing personal status issues.

Activists and human rights experts have warned that these provisions could especially undermine women's representation and dignity by allowing, as they have denounced, the ‘legalisation of marital rape’. Added to this is the prohibition - or great difficulty - in leaving their homes or the marital roof without their husbands' permission.

Conflicts and prejudices

In this regard, Saad Salloum - the first Muslim to win the Zêd Foundation Award for Human Solidarity, a prize awarded to personalities who have distinguished themselves in the field of the protection of rights and freedoms - emphasises the risk of an ‘increase in conflicts within the family’.

The rule, he adds, could also be a harbinger of ‘prejudice towards one side to the detriment of the other, with a negative impact on the stability of society’.

‘Opponents,’ he continues, ‘believe that the law will eliminate the role of women in the management of the family and that the consequences of this amendment are unpredictable,’ he warns, so much so that the ‘future of the Iraqi family’ after its approval is ‘uncertain’. There are also problems of unconstitutionality, Salloum points out, because ‘three laws were voted on at the same time in an illegal manner, in violation of the House rules and without verification of the legal quorum for the session’.

The Patriarch of Baghdad of the Chaldeans, Card. Louis Raphael Sako, with a reflection sent to AsiaNews in which he underlines some critical elements.

The cardinal recalls how Iraq is ‘characterised by ethnic, religious and sectarian diversity’, elements that Parliament and government must ‘take into account’ when they are called upon to legislate, operating in accordance with ‘international laws’.

Previous legislation set the age of majority (18) as the minimum threshold for marriage and, he warns, ‘the Church continues to adhere’ to this principle, as well as to the ‘equality’ between men and women in matters of inheritance. It is ‘shocking’, he continues, that the new text ends up undermining elements such as ‘personal liberty, women's rights, the marriage of minors, divorce and inheritance issues, up to child custody and minority rights’.

The approved amendment ‘dismantles the national fabric’.

Among the examples mentioned by Card. Sako include the phenomenon of ‘child brides’ and the ‘ban on the consumption of alcoholic beverages’, as is the case in many countries of clear Islamic inspiration.

‘It is a blatant violation,’ the cardinal emphasises, “of personal freedom” and ends up “encouraging the black market” as well as “turning to the consumption of other substances” [narcotics]. ‘We should recommend,’ he concludes, ’moderation in drink as in food. We therefore call on the government and parliament to make efforts to tackle the real problems, in particular corruption [to build] a just state that takes care of all its citizens, accepts difference and consolidates harmonious coexistence'.

Child brides, state crisis

Among freedoms, rights and approval procedures, one of the worrying factors is the (possible) return of so-called ‘child brides’ due to the removal of the age limit for marriage.

The amendment was approved in exchange for the release of Islamic State (IS, formerly Isis) detainees affiliated with Sunni forces, in a framework of political negotiations within the parliamentary groups, with women the first victims.

‘This strange approach,’ explains Saad Salloum, ‘can be understood in the context of the crisis of the state in Iraq and the crisis of a political class that is only qualified to serve its own personal, financial and clientelistic interests. The Sunni and Kurdish MPs, he continues, are unconcerned about the consequences of the amendment that may trigger ‘a social crisis and a genuine regression from the logic of the state’.

This is because, he warns, ‘they believe that the law only affects the Shia and does not affect them. There is no problem,‘ he says, “with the marriage of underage ”Shia’ girls, with the deprivation of custody of the ‘Shia’ mother, with many of the issues raised by the Islamic jurisprudential code in general'.

‘I believe that the focus on the promulgation of these laws,’ the scholar points out, ‘is linked to the upcoming elections, with Kurdish, Sunni and Shia politicians trying to pass laws that can be used as leverage in the electoral contest. This serves to mask the political crisis, as the elites have not achieved significant results for the benefit of society as a whole'.

On the other hand, the entire system is in danger of heading for a ‘total stalemate, which could - he warns - lead to a revolution or popular protests like those that occurred in 2019’. Finally, there is the passing of the amnesty law, which, according to Salloum, will lead to ‘serious repercussions’ because it also includes murderers, criminals and is not limited to ‘innocent people who have suffered injustice’.

For this very reason, he adds, it is opposed ‘by minorities who have faced genocide’ and will end up harming ‘criminal justice above all’. The approval, he concludes, is based on the ‘traditional system of bartering between the three main political forces: Shiites, Sunnis and Kurds and linked to the interests of each party’.

In order to circumvent the danger of cross bans, it was thought ‘to solve this crisis of confidence by voting the three laws into one basket!’

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