(Beirut) – Iraq’s newly enacted Ja’afari Personal Status Code, passed by parliament on August 27, represents a grave setback for women’s rights in the country, explicitly enshrining discrimination that relegates women to second-class status. Alarmingly, this legislative move favors men in critical aspects of marriage, divorce, inheritance, and guardianship, as highlighted by Human Rights Watch.
Drafted by religious authorities, the code follows a troubling amendment to Iraq’s Personal Status Law that emerged in February 2025. This amendment, far from a progressive step forward, introduced the insidious option for couples to opt between the 1959 Personal Status Law—which, despite its flaws, retains more protective measures for women—and the newly minted Ja’afari Code, derived from the Shia Ja’afari school of Islamic jurisprudence.
“This new Personal Status Code further institutionalizes discrimination against women, legally relegating them to second-class citizens,” asserts Sarah Sanbar, an Iraq researcher for Human Rights Watch. The implications of this law are dire; it strips women and girls of their agency, transferring their rights and autonomy to men. The immediate demand for repeal is not just a call to action—it is a moral imperative.
The provisions within the code are abhorrent and regressive. It permits husbands to unilaterally convert their marriage contract to the oppressive new code without their wives’ knowledge or consent. It enables men to divorce their wives without any obligation to inform them, effectively erasing the voices of women in decisions that shape their lives. The code further stipulates that custody of children automatically reverts to the father once they reach the age of seven, irrespective of the child’s best interests, effectively undermining the nurturing role of mothers.
While the code allows women to negotiate stipulations in their marriage contracts—such as prohibiting polygamy or mandating consent for divorce—these protections are rendered meaningless if the husband’s breach of these terms leaves the marriage valid, even if he acts contrary to Islamic law. This legal framework is a direct affront to the autonomy and dignity of women.
The backlash against this code is palpable. In the face of widespread public opposition and fervent protests from women’s rights groups, initial drafts of this legislation were met with outrage. Activists successfully campaigned against some of the most harmful provisions, including a proposal that would have reduced the minimum marriage age for girls to just nine. Yet, the fact that this regressive code was passed at all is a stark reminder of the ongoing struggle for women’s rights in Iraq.
Nadia Mahmood, co-founder of AMAN Women’s Alliance, articulates the collective frustration and determination of women’s organizations, stating, “As women’s organizations, we are against the code in its entirety and we call on parliament to cancel this law.” Mahmood’s words reflect a broader societal truth: the Ja’afari Code is not merely a legal issue; it embodies the Islamic parties’ patriarchal views regarding women’s roles in society and the family. This code starkly reveals the entrenched belief that women exist to serve men’s desires and needs.
The ramifications of the Ja’afari Personal Status Code extend beyond individual cases—they create systemic injustices that will reverberate through generations. “The problems the Ja’afari Personal Status Code has created are not only women’s issues but Iraqi issues,” warns Sanbar. If left unchallenged, this law will foster a culture of inequality and oppression that will haunt Iraqi society for years to come.
Consider the case of Ghazal H., whose harrowing experience underscores the potential horrors enabled by this new legislation. After a decade of marriage marred by abuse, Ghazal received a court summons notifying her that her ex-husband sought to retroactively apply the Ja’afari Code to their marriage, thus stripping her of guardianship over their child without her consent. “It is unacceptable that someone marries under a law that protects the rights of women and children, and then, more than a decade later, manipulates the law to strip those rights away,” she laments.
Ghazal’s story is not an isolated incident. Following years of violence and manipulation, she was coerced into reducing her deferred mahr—a significant financial safeguard—just to keep her family intact. The brutality she endured, including severe physical injuries from her husband’s violent outbursts, highlights the dangerous intersection of domestic violence and patriarchal legal structures in Iraq.
Despite the Iraqi Constitution’s prohibition against all forms of domestic violence, the absence of comprehensive laws protecting women from abuse reflects a societal failure. The existing penal code grants men legal authority to “punish” their wives and mitigates sentences for violent acts under grotesquely defined “honorable motives.” Such a framework not only perpetuates violence against women but further empowers abusers.
Ghazal’s pursuit of justice culminated in a divorce, yet even then, the courts reduced her deferred mahr, insinuating that her quest for safety and legal recourse somehow justified her ex-husband’s violence. Now, with the new law looming over her, she lives in fear of losing custody of her son to a man who has been convicted of domestic violence. “How can a father, convicted in a criminal case of domestic violence, be granted the right to take custody of a child away from the mother who has sacrificed everything for him?” Ghazal asks, encapsulating the moral bankruptcy of the Ja’afari Code.
The fight against the Ja’afari Personal Status Code is not merely a fight for women’s rights; it is a struggle for justice, equality, and the fundamental human rights of all Iraqis. It is time to challenge this entrenched power and demand accountability for a future where women are regarded as equals, not as accessories to men. The women of Iraq deserve better, and it is our duty to ensure they receive it.
This article highlights the importance of Code of Injustice.
