Article Two of the 2005 Iraqi Constitution stipulates the following:

First: Islam is the official religion of the State and a fundamental source of legislation.

No law may be enacted that contradicts the established tenets of Islam.

No law may be enacted that contradicts the principles of democracy.

No law may be enacted that contradicts the fundamental rights and freedoms stipulated in this Constitution.

Second: This Constitution guarantees the preservation of the Islamic identity of the majority of the Iraqi people and guarantees the full religious rights of all individuals, including Christians, Yazidis, and Mandaeans, in freedom of belief and religious practice.

The constitution’s recognition of Islam as the official state religion means that laws contrary to Islamic Sharia are not permitted. Everyone knows that the Iraqi Personal Status Law No. 188 of 1959 contradicts the provisions of Islamic Sharia.

Furthermore, freedoms are guaranteed based on the tolerant Islamic Sharia on the one hand, and the constitution on the other. The same clause stipulates that no law may be enacted that conflicts with the rights and freedoms of individuals. Therefore, the draft amendment to the Personal Status Law states that “Iraqi men and women, upon entering into a marriage contract, may choose either the Sunni or Shi’a school of thought.” This means that no one is forced to follow the rulings of a specific school of thought; they are free to choose their legal path. Those who wish to learn more can refer to Article 1 of the Personal Status Code. Similarly, secularists are not forced to follow its provisions; they are free to remain under Personal Status Law No. 188 of 1959. This is simply an application of Article 2 of the constitution, which protects freedoms, and Article 41, which guarantees the rights of individuals to adhere to their personal status laws according to their chosen religious school of thought. So why all the fuss?! Regarding the objection raised against the Family Code, claiming it encourages child marriage based on Article 5, which states:

(The Personal Status Court ratifies marriage contracts concluded by adult Muslims through those authorized by the judiciary or the Shiite and Sunni endowments to conduct marriage contracts, after verifying the fulfillment of the contract’s essential elements and conditions and the absence of any impediments to marriage for either spouse.)
We see this as a safeguard for women’s rights. In reality, there are cases of marriages conducted outside of court that have persisted for years without any legal recognition of the woman’s rights, under the pretext that what is being done does not violate Sharia law, thus rendering the law irrelevant. This has led to many being denied access to education due to the lack of their most basic right: a civil identity card, resulting from the non-recognition of their parents’ marriage contract. According to the amended Family Code, the law will protect the rights of all family members, whether women, men, or even children, by ensuring the court’s ratification of the marriage contract.

To those who object to the marriage of an adult woman who has been authorized to marry, we say:

A woman’s legal maturity does not automatically qualify her for marriage unless two conditions are met: the woman’s psychological and physical readiness. Her consent, the consent of her guardian, and the consent of the young man who wishes to marry…

I wonder, can you prevent an adult from reaching their natural maturity and fulfilling their needs?

The other ideology is strange indeed; it justifies adultery and homosexuality to satisfy young people’s instinctive desires, yet forbids early marriage!

Why are we so oblivious to these issues? Hasn’t homosexuality spread and become commonplace in some countries after being a catastrophe condemned by all nations and peoples? It now even has laws regulating deviant relationships and rights under the guise of freedom and democracy… Where are we headed? Where are we headed? They are undeniably intellectually colonized…

Furthermore, the Family Code does not mandate the marriage of minors, but rather protects their rights by validating marriages conducted outside of court without judicial oversight. This has resulted in much discord between spouses and the lack of official recognition of children, as we have explained… There is nothing greater than Islam in guaranteeing the rights and freedoms of both men and women, as it is a religion that respects the rights of all, even minorities. It does not wrong anyone who embraces its rulings, even if they are not Muslim. However, it is astonishing that some Muslims themselves have believed the rumors spread by the other side against Islam, in an attempt to impose secular laws in an Islamic state… Hold fast to your Islamic identity and do not let selfish, individualistic thinking align with your mind and behavior if you are a true Muslim. But if you have abandoned your Islamic identity and become intellectually colonized, that is another matter… To protect the rights of family members, we demand the enactment of an amendment to the Personal Status Law No. 188 of 1959. We sincerely hope that the supervisors and those with influence in Parliament will expedite its passage to safeguard everyone’s freedoms…