Iraqi Lawmaker decries opposition to Personal Status Law amendment

Shafaq News/ Mohammed Al-Khafaji, a member of the Iraqi parliamentary legal committee, expressed his discontent with amending the Personal Status Law, particularly Article 57 regarding child custody, both within and outside the Iraqi Parliament.

"Unfortunately, there is strong opposition to amending Article 57 of the Personal Status Law, which aims to achieve justice for all concerned parties, including men, women, and children," Al-Khafaji told Shafaq News Agency.

He added that "this article represents a significant step toward preserving the family unit from disintegration, especially amid the substantial increase in divorce cases, which have exceeded 5,000 cases per month, according to the Supreme Judicial Council statistics."

Al-Khafaji pointed out that the amendment to Article 57 includes establishing a joint custody system between the father and the mother, which would contribute to raising the child in a more balanced environment rather than relying solely on one parent.

"We will work diligently to pass this amendment in the current legislative session because we believe in the importance of this change to protect the Iraqi family and enhance children's rights," he affirmed.

Regarding the obstacles facing this amendment, Al-Khafaji noted that "external agendas and international organizations are obstructing the amendment of the Personal Status Law and seeking to prevent its approval in Parliament by spreading misleading ideas about the amendment law."

Al-Khafaji emphasized that "these oppositions are based on non-Iraqi opinions and biased positions, aiming to hinder legislative progress in line with the needs of Iraqi society." He stressed, "We reject these pressures and insist on our right to make necessary amendments that ensure the rights of all family members."

"Comments on any law legislated within Parliament are natural, but the intense resistance we see reflects the presence of external agendas trying to impose their will on Iraqi internal affairs."

What is Article 57?

Article 57 of the Personal Status Law of 1959 delineates custody rights concerning children in Iraq.

The amendment modifies the custody arrangement and gives priority to the mother for child custody in divorce cases. However, the court has the authority to select the most suitable parent for custody based on specific criteria.

When making decisions, the judge takes into account several factors:

- When the child reaches 15, they have the right to choose which parent to live with—either the father or the mother. Medical assessments may also be requested to determine the child's best interests.

- If neither parent is deemed suitable for custody under Iraqi law, the court may award custody to a qualified guardian.

- In some cases, the court may place the child in state-run residential institutions for children.