Human Rights Watch (HRW) has raised alarm over recent amendments to Iraq’s Personal Status Law, which came into effect on February 17, 2025, warning that the changes violate women’s and girls’ rights to legal equality and expose them to increased risks of abuse. Despite revisions made under pressure from women’s rights groups, HRW asserts that the amended law still contains provisions that undermine protections for women and girls.

The new legislation allows couples to choose whether their marriage, divorce, inheritance, and child custody matters are governed by Iraq’s 1959 Personal Status Law or a new Personal Status Code (mudawana) based on Shia Ja’afari jurisprudence. However, once a legal framework is chosen, it cannot be altered, effectively creating separate legal systems for different sects. HRW argues that this violates Article 14 of Iraq’s constitution, which guarantees legal equality for all citizens.

“It’s deeply disheartening to see Iraqi leaders move the country backward rather than forward on women and girls’ rights,” said Sarah Sanbar, HRW’s Iraq researcher. “Though the final text includes some improvements, particularly on the minimum age of marriage, these changes merely take the law from terrible to just plain bad.”

The amendments clarify that the minimum marriage age under the mudawana cannot violate the Personal Status Law, which sets the age at 18, or 15 with a judge’s approval. However, HRW noted that this still falls short of international standards, which set the legal marriage age at 18 without exception. According to UNICEF, 28% of girls in Iraq marry before turning 18, placing them at higher risk of domestic violence, health complications, and loss of education and employment opportunities.

The amended law also retains restrictions on polygamy, requiring judicial approval and proof that the husband can support multiple wives and has a “legitimate interest” in taking another spouse. While this provision aims to curb abuses, HRW expressed concern that the broader legal changes could still weaken protections for women across Iraq.

Women’s rights activists have criticized the law for perpetuating gender inequality and creating a fragmented legal system that could exacerbate sectarian divisions. They argue that the amendments fail to address systemic issues that disproportionately affect women and girls, such as limited access to education, economic opportunities, and protection from violence.

As Iraq moves forward with the implementation of the amended law, HRW and other advocacy groups are calling on the government to align its legislation with international human rights standards and ensure equal protection for all citizens, regardless of gender or sect. The ongoing debate highlights the challenges of balancing religious and cultural traditions with the need for progressive reforms to safeguard women’s rights in Iraq.