Last month, a proposal was made to amend Iraq’s personal status law that was passed 65 years ago and has long been considered to be one of the most protective of women's rights in the Middle East.
Of late, that law has been the subject of much controversy, particularly in relation to the minimum marriage age. The law currently provides the legal age of marriage for both men and women is 18 years and some Iraqis are worried that the proposed changes could encourage child marriage.
The proposed amendments are also provoking divisions at a time of relative social stability in the country, and stoking fears that changes to the personal status law could lead to serious regressions of basic rights.
The draft law seeks to introduce monumental changes to Iraqi society in a rushed manner without significant preparation or debate. It was making its way through Parliament but was suddenly withdrawn before a second reading that was originally supposed to take place last week.
Its future is now uncertain, but it's clear that it should never have been submitted in the first place and certainly not in this manner. The draft illustrates much of what is wrong in Iraqi politics and policy formation today, a system that is imbued with division, populism and short-term gain.
Personal status laws are common to many Muslim-majority countries. They govern issues of marriage, divorce, inheritance and child custody. In countries where there are several Muslim denominations in significant numbers, such as in Lebanon, there are typically several personal status laws.
Iraq’s personal status law was adopted in 1959 by the country’s first republican government. Iraq was and remains a religiously diverse country. At the time the law was passed, Iraq was highly undeveloped, particularly in rural areas. Women were often deprived of basic rights, including being forced into early marriage.
The 1959 law was adopted as part of an effort to iron out religious differences and to eliminate such practices against vulnerable groups. To date it applies to all Muslims regardless of denomination. It also draws from the most progressive aspects of different Islamic traditions. Hence the minimum age of marriage, as mentioned earlier, is 18 years (15 in exceptional cases, and under strict conditions). The law also removes authority from religious clerics to decide on family and inheritance issues and grants them to judges.
While this runs contrary to common practice in the region, it is not entirely without precedent or equivalent elsewhere. Tunisia’s personal status law also departs from Islamic tradition in several important respects.
The current framework in Iraq is not without its flaws. Implementation, in particular, has been problematic. It can be common for illegal marriages to take place outside the state’s knowledge. By some estimates, up to 20 per cent of marriages are illegal, particularly in poor and rural communities.
In defence of the draft, some have argued that if adopted it will encourage couples who have entered into illegal marriages to register them. That is a mere conjecture
Since the 2003 US-led invasion of Iraq, Islamic parties have been playing a dominant role in politics and in society. In that capacity, they have sought to repeal the 1959 law on a number of occasions and to revert to a more traditional application of personal status laws, as determined by the religious establishment. Early attempts were made in 2003, 2014 and 2021, all blocked because of a lack of support.
The issue also arose in 2005, during the drafting of the Constitution. Article 41 provides that Iraqis are “free in their commitment to their personal status according to their religions, sects, beliefs, or choices, and this shall be regulated by law”. While that provision is clear, without any implementation legislation, it has not yet been fully applied.
Last month the issue was resurrected once again. Raed Al Maliki, an independent MP, introduced a proposed amendment to the 1959 law that is all of one page long. This current draft proposes to maintain the law as is, while giving Iraqi Muslims a choice between applying the provisions of the 1959 law and applying the religious rules of their choice.
The current proposal is symptomatic of Iraq’s particular brand of ethno-sectarian politics, which is imbued with its own style of populism. Even as Iraq is experiencing a period of relative calm – security in most parts of the country has greatly improved and there is no immediate threat of social unrest – the proposed amendment may accentuate divisions merely for political gain.
In this version of populism, the enemy is perceived to be international feminists, secular Iraqis, progressives and anyone who is committed to well-established state traditions (including judges). The spoils, however, are electoral favours within each proponent’s religious community.
The proposal is also symptomatic of Iraq’s failed policy-making process. The draft proposes to introduce huge social changes, without having carried out any thinking process to back it up. No white papers or dialogue processes have been carried out; no papers commissioned on what the proposal’s implications might be at the individual or societal levels.
For example, while the proposal’s defenders have denied that the draft will allow for child marriage, they do not make any suggestions on how to tackle child marriages that are already taking place. If left unchecked, and if no specific wording is included on this issue in the draft, proponents of the practice could very well feel emboldened.
In defence of the draft, some have argued that if adopted it will encourage couples who have entered into illegal marriages to register them. However, that is a mere conjecture. Under current legislation, only judges can officiate marriages, and it is a criminal act for others to do so. It is also a criminal offence to violate the minimum marriage age. The draft law does not offer a pardon for any of these acts, which means that they will still be punishable under the law.
In addition, while the draft law purports to give Iraqis the right to choose their own personal status rules, it seeks to propose a single religious colour on all Sunnis and all Shiites, even though both houses are internally divided. Many Iraqi Muslims do not fall so neatly into either category. There are, for example, a great many Shafi'is in Iraq who have different beliefs to Hanafis, who are a majority among Sunnis. And yet Shafi’is are not recognised by the draft law, in what appears to be a clear violation of Article 41 of the Constitution.
The draft also says nothing about what should happen in case of forum shopping, particularly by men. In the event a man who is in dispute with his wife decides to change his denomination in favour of the set of rules that are most favourable to him, what set of rules should apply? Iraq does not have civil registries that crystallise a Muslim’s specific denomination, so switching from one set of rules to another could be very easy, and therefore potentially very damaging, particularly for women.
None of these issues have been properly considered in the current debate. The proponents of the draft and other policy-makers would do well to withdraw the proposal and replace it with a meaningful process that seeks to modernise personal status questions, and initiate processes that would reduce abuses, particularly of vulnerable women.
A white paper on these questions that is informed by expert opinion and by rational discussion could serve as an example of how a modern state modernises critical legislation of this type.
Now that the second reading in Parliament has been suspended, there are suggestions that this may already be happening. If so, what started as a potential trainwreck could end up being an example of how groundbreaking legislation should be debated and adopted in a real, functioning democracy.
SQUADS
Pakistan: Sarfraz Ahmed (capt), Azhar Ali, Shan Masood, Sami Aslam, Babar Azam, Asad Shafiq, Haris Sohail, Usman Salahuddin, Yasir Shah, Mohammad Asghar, Bilal Asif, Mir Hamza, Mohammad Amir, Hasan Ali, Mohammad Abbas, Wahab Riaz
Sri Lanka: Dinesh Chandimal (capt), Lahiru Thirimanne (vice-capt), Dimuth Karunaratne, Kaushal Silva, Kusal Mendis, Sadeera Samarawickrama, Roshen Silva, Niroshan Dickwella, Rangana Herath, Lakshan Sandakan, Dilruwan Perera, Suranga Lakmal, Nuwan Pradeep, Vishwa Fernando, Lahiru Gamage
Umpires: Ian Gould (ENG) and Nigel Llong (ENG)
TV umpire: Richard Kettleborough (ENG)
ICC match referee: Andy Pycroft (ZIM)
KILLING OF QASSEM SULEIMANI
What can you do?
Document everything immediately; including dates, times, locations and witnesses
Seek professional advice from a legal expert
You can report an incident to HR or an immediate supervisor
You can use the Ministry of Human Resources and Emiratisation’s dedicated hotline
In criminal cases, you can contact the police for additional support
Hili 2: Unesco World Heritage site
The site is part of the Hili archaeological park in Al Ain. Excavations there have proved the existence of the earliest known agricultural communities in modern-day UAE. Some date to the Bronze Age but Hili 2 is an Iron Age site. The Iron Age witnessed the development of the falaj, a network of channels that funnelled water from natural springs in the area. Wells allowed settlements to be established, but falaj meant they could grow and thrive. Unesco, the UN's cultural body, awarded Al Ain's sites - including Hili 2 - world heritage status in 2011. Now the most recent dig at the site has revealed even more about the skilled people that lived and worked there.
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Engine: 2-litre turbocharged
Power: 254hp
Torque: 390Nm
Price: From Dh126,000
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Paatal Lok season two
Directors: Avinash Arun, Prosit Roy
Stars: Jaideep Ahlawat, Ishwak Singh, Lc Sekhose, Merenla Imsong
Rating: 4.5/5
The Florida Project
Director: Sean Baker
Starring: Bria Vinaite, Brooklynn Prince, Willem Dafoe
Four stars
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BMW M5 specs
Engine: 4.4-litre twin-turbo V-8 petrol enging with additional electric motor
Power: 727hp
Torque: 1,000Nm
Transmission: 8-speed auto
Fuel consumption: 10.6L/100km
On sale: Now
Price: From Dh650,000
Strait of Hormuz
Fujairah is a crucial hub for fuel storage and is just outside the Strait of Hormuz, a vital shipping route linking Middle East oil producers to markets in Asia, Europe, North America and beyond.
The strait is 33 km wide at its narrowest point, but the shipping lane is just three km wide in either direction. Almost a fifth of oil consumed across the world passes through the strait.
Iran has repeatedly threatened to close the strait, a move that would risk inviting geopolitical and economic turmoil.
Last month, Iran issued a new warning that it would block the strait, if it was prevented from using the waterway following a US decision to end exemptions from sanctions for major Iranian oil importers.
MOUNTAINHEAD REVIEW
Starring: Ramy Youssef, Steve Carell, Jason Schwartzman
Director: Jesse Armstrong
Rating: 3.5/5
THE BIO
Ms Davison came to Dubai from Kerala after her marriage in 1996 when she was 21-years-old
Since 2001, Ms Davison has worked at many affordable schools such as Our Own English High School in Sharjah, and The Apple International School and Amled School in Dubai
Favourite Book: The Alchemist
Favourite quote: Failing to prepare is preparing to fail
Favourite place to Travel to: Vienna
Favourite cuisine: Italian food
Favourite Movie : Scent of a Woman
MATCH INFO
Uefa Champions League, last 16, first leg
Tottenham Hotspur v Borussia Dortmund, midnight (Thursday), BeIN Sports
the pledge
I pledge to uphold the duty of tolerance
I pledge to take a first stand against hate and injustice
I pledge to respect and accept people whose abilities, beliefs and culture are different from my own
I pledge to wish for others what I wish for myself
I pledge to live in harmony with my community
I pledge to always be open to dialogue and forgiveness
I pledge to do my part to create peace for all
I pledge to exercise benevolence and choose kindness in all my dealings with my community
I pledge to always stand up for these values: Zayed's values for tolerance and human fraternity
More on animal trafficking
The specs: 2019 GMC Yukon Denali
Price, base: Dh306,500
Engine: 6.2-litre V8
Transmission: 10-speed automatic
Power: 420hp @ 5,600rpm
Torque: 621Nm @ 4,100rpm
Fuel economy, combined: 12.9L / 100km
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LILO & STITCH
Starring: Sydney Elizebeth Agudong, Maia Kealoha, Chris Sanders
Director: Dean Fleischer Camp
Rating: 4.5/5
Defence review at a glance
• Increase defence spending to 2.5% of GDP by 2027 but given “turbulent times it may be necessary to go faster”
• Prioritise a shift towards working with AI and autonomous systems
• Invest in the resilience of military space systems.
• Number of active reserves should be increased by 20%
• More F-35 fighter jets required in the next decade
• New “hybrid Navy” with AUKUS submarines and autonomous vessels
The specs: 2018 Audi RS5
Price, base: Dh359,200
Engine: 2.9L twin-turbo V6
Transmission: Eight-speed automatic
Power: 450hp at 5,700rpm
Torque: 600Nm at 1,900rpm
Fuel economy, combined: 8.7L / 100km
MATCH INFO
Uefa Champions League semi-finals, first leg
Liverpool v Roma
When: April 24, 10.45pm kick-off (UAE)
Where: Anfield, Liverpool
Live: BeIN Sports HD
Second leg: May 2, Stadio Olimpico, Rome
Review: Tomb Raider
Dir: Roar Uthaug
Starring: Alicia Vikander, Dominic West, Daniel Wu, Walter Goggins
two stars
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MATCH INFO
Uefa Champions League semi-final, first leg
Bayern Munich v Real Madrid
When: April 25, 10.45pm kick-off (UAE)
Where: Allianz Arena, Munich
Live: BeIN Sports HD
Second leg: May 1, Santiago Bernabeu, Madrid
The burning issue
The internal combustion engine is facing a watershed moment – major manufacturer Volvo is to stop producing petroleum-powered vehicles by 2021 and countries in Europe, including the UK, have vowed to ban their sale before 2040. The National takes a look at the story of one of the most successful technologies of the last 100 years and how it has impacted life in the UAE.
Read part four: an affection for classic cars lives on
Read part three: the age of the electric vehicle begins
Read part one: how cars came to the UAE
Key facilities
- Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
- Premier League-standard football pitch
- 400m Olympic running track
- NBA-spec basketball court with auditorium
- 600-seat auditorium
- Spaces for historical and cultural exploration
- An elevated football field that doubles as a helipad
- Specialist robotics and science laboratories
- AR and VR-enabled learning centres
- Disruption Lab and Research Centre for developing entrepreneurial skills
Most match wins on clay
Guillermo Vilas - 659
Manuel Orantes - 501
Thomas Muster - 422
Rafael Nadal - 399 *
Jose Higueras - 378
Eddie Dibbs - 370
Ilie Nastase - 338
Carlos Moya - 337
Ivan Lendl - 329
Andres Gomez - 322
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The specs
Engine: 1.5-litre 4-cylinder petrol
Power: 154bhp
Torque: 250Nm
Transmission: 7-speed automatic with 8-speed sports option
Price: From Dh79,600
On sale: Now
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UK-EU trade at a glance
EU fishing vessels guaranteed access to UK waters for 12 years
Co-operation on security initiatives and procurement of defence products
Youth experience scheme to work, study or volunteer in UK and EU countries
Smoother border management with use of e-gates
Cutting red tape on import and export of food
Director: Jon Favreau
Starring: Donald Glover, Seth Rogen, John Oliver
Rating: 2 out of 5 stars
UAE currency: the story behind the money in your pockets
Volvo ES90 Specs
Engine: Electric single motor (96kW), twin motor (106kW) and twin motor performance (106kW)
Power: 333hp, 449hp, 680hp
Torque: 480Nm, 670Nm, 870Nm
On sale: Later in 2025 or early 2026, depending on region
Price: Exact regional pricing TBA
LEADERBOARD
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THE SPECS
Engine: 1.5-litre
Transmission: 6-speed automatic
Power: 110 horsepower
Torque: 147Nm
Price: From Dh59,700
On sale: now
