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21 Manchester J. Transnat'l Islamic L. & Prac. 434 (2025)
The 2025 Amendment to Iraq's Personal Status Law: Legal Analysis and Implications

handle is hein.journals/jispil21 and id is 825 raw text is: Manchester Journal of Transnational Islamic Law & Practice Volume 21, Issue 2: 434-440, 2025 Special Section on Recent Legal Developments in Iraq (Edited by Mohamad Janaby) The 2025 Amendment to Iraq's Personal Status Law: Legal Analysis and Implications Sami Hussein Al-Maamouri* Faris K. Al-Anaibi** Abstract: The termpersonal status was not traditionally employed by classical Muslim jurists, who instead categorised relevant matters under themes such as marriage, divorce, inheritance, and endowments. In Iraq, the concept of personal status emerged within the modern legal framework beginning with the 1917 Courts Proclamation under British administration. It was subsequently embedded in the Shari'ah Courts Law of 1923 and the Basic Law of 1925. The first legislative instrument to explicitly adopt the term was the Personal Status Law for Foreigners (1931), followed by the landmark Personal Status Law No. 188 of 1959, which largely drew upon Islamic jurisprudence, albeit with notable departures, particularly in the area of inheritance. The most recent development, Law No. 1 of 2025, reflects the constitutional principle of legal pluralism articulated in Article 41 of the 2005 Iraqi Constitution. This note critically examines the substantive provisions of the 2025 amendment, analysing its normative foundations, practical implications, and the broader legal and doctrinal debates surrounding its enactment. It aims to provide a balanced assessment of its strengths and shortcomings within the evolving Iraqi legal landscape. Keywords: Ja fari Shi'i Doctrine; Marriage Contract; Will; Inheritance; Right to Choose I. BACKGROUND INFORMATION The term personal status emerged in Arab legal discourse during the fourth decade of the twentieth century. It denotes the attributes that distinguish individuals and which the law governs in their social existence. These attributes include, inter alia, gender, marital status (e.g., husband, widow, legitimate father), legal capacity (whether full or diminished due to age or mental incapacity), and liberty (whether absolute or constrained).1 This legal category encompasses a set of inherent human characteristics that have historically captured the attention of legislators and inspired the development of normative frameworks shaped by prevailing societal beliefs. These attributes are considered legally obligatory due to their grounding in established jurisprudential rulings. Within this context, Law No. 1 of 2025 is situated as a continuation of this legislative tradition. The significance of this note lies in its contention that the amendment above does not exist in isolation. Instead, it forms part of a broader continuum of legal developments, the most prominent of which is Article 41 of the 2005 Iraqi Constitution. Accordingly, this study aims to examine the recent amendment both as a component of Iraq's existing personal status legal regime, particularly in relation to non- Muslim communities, and as a constitutional provision that has been in effect for nearly two Lecturer, Department of Law, Islamic University of Babylon, Babylon, Iraq. Email: sani-ay6@gmail.oon. Assistant Professor, College of Law, University of Babylon, Babylon, Iraq. Email: anaibimiicom. 1 Cited by Ahmed Al-Kubaisi, al-Ahwal ash-Shakhsiyyah: az-Zawaj wa at-Talaq wa Atharuhuma (in Arabic) [Personal Status: Marriage, Divorce and Their Effects] Vol. 1, 2nd ed. (Baghdad: Al-Rashad Press 1972) 4. Volume 21, Issue2 ( (434) 2025