Family
The Personal Status Law 1959 — codified, unified, and contested
Law No. 188 of 1959 codified personal status for Muslims in a single statute administered by the ordinary courts rather than by separate religious tribunals. It has been the subject of repeated repeal attempts.
Key rules
- Jurisdiction — Federal, with personal status courts sitting within the ordinary judiciary.
Governing law
- Personal Status Law No. 188 of 1959, as amended
- Article 41 of the Constitution — Iraqis are free in their personal status according to their religion or sect
In practice
The 1959 law was progressive for its time and remains comparatively so: it restricted polygamy by requiring judicial permission, set a minimum marriage age of eighteen with judicial discretion to allow fifteen, and gave courts jurisdiction over divorce and custody. Non-Muslim communities apply their own rules through recognised religious authorities. Article 41 of the 2005 Constitution sits awkwardly with the unified statute, and amendments to devolve personal status to sectarian authorities have been proposed repeatedly, most recently in 2024. Anyone relying on the 1959 position should verify the current amendment state, because this is genuinely live.