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May 7, 2026Journal of Anbar University for Law and Political Sciences0 citationsOpen Access

The constitutional and international dimension of the proposal to amend the Personal Status Law in force No. 188 of 1959

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SSShorouk SultanYHYasmine Hanoun

Key Points

  • The research aims to evaluate the proposed amendment to the Personal Status Law in light of the Iraqi Constitution and international obligations.
  • Divided the study into two sections focusing on constitutionality and international conflicts.
  • Applied a descriptive analytical approach to evaluate constitutional and international texts.
  • Analyzed legal texts regarding issues affecting women such as marriage, divorce, and inheritance.
  • Identified the amendment's compatibility with the Iraqi Constitution of 2005.
  • Highlighted discrepancies between the proposed amendment and international agreements like the CEDAW.
  • Provided findings and recommendations regarding the legal status of women in Iraq.

Abstract

For many years, lawyers, media professionals, civilians, some MPs, citizens, and others have been analyzing and deducing the amendment of the Personal Status Law, which has caused public confusion. Therefore, it was necessary to clarify some essential issues, including the extent to which the amendment complies with the Iraqi Constitution of 2005 and Iraq's international obligations. The nature of the research necessitated dividing it into two sections: the first section addressed the constitutionality of the proposed amendment to the Personal Status Law, and the second section examined the conflicting provisions between international agreements and the proposed amendment. Based on the aforementioned, the topic was studied in detail, culminating in the inclusion of a conclusion in our research, where we presented a series of findings and recommendations. The study relied on the descriptive analytical approach in search of compatibility between the texts of the CEDAW Convention and the international standards and the relevant constitutional texts, and the articles proposed to be amended from the Personal Status Law No. 188 of 1959 by describing the legal texts and analyzing those related to the reality of women and the issues that affect them in particular and that have raised controversy, such as marriage, divorce, inheritance, custody and their provisions.

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Cite This Study

Sultan et al. (2025) studied this question.

synapsesocial.com/papers/69fbe3ca164b5133a91a325chttps://doi.org/10.37651/aujlps.2025.156109.1427
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