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Iraq
A woman and her children sit in their tent in a displacement camp southeast of Kirkuk, on May 9, 2019. File photo: Ahmad al-Rubaye/AFP
ERBIL, Kurdistan Region — An amendment to Iraqi law that favours fathers and grandfathers over mothers in custody cases has ignited controversy and fears women will be compelled to stay in abusive relationships out of fear they could lose their children.
Proposed amendments to the 1959 Personal Status Law granting the father right of custody when the child reaches seven years of age, were submitted to parliament in September 2019 by member of the Parliamentary Legal Committee Hussein al-Aqabi and 50 other MPs, mostly from Shiite Islamic blocs.
A year later, a social media campaign under the title "A Father's Cry" questioned the rights of mothers in custody cases. The campaign upset many Iraqi women who saw it as a threat to mothers who risk losing their children if they report domestic violence or ask for a divorce.
The controversy was brought back to the fore after the law had its first reading in the parliament in July. Six hundred civil and political organizations and personalities signed a petition to the Iraqi Supreme Judicial Council condemning the amendment, saying it lacks “any sense or human conscience towards children and their upbringing.”
Hashtags rejecting the amendment, such as No_to_modify_Article_57, trended for days.
What is Article 57?
Article 57 of the Personal Status Law of 1959 gives the mother custody rights until the child is 15 years old, while the father has rights with respect to the child’s well-being and education.
Once the child is 15, he or she can choose which parent they want to live with.
The amendment gives the right of custody to the mother until the child turns seven, then custody is given to the father. If the father is dead, then custody goes to the grandfather. It also denies custody to the mother if she remarries. This condition does not apply to the father.
If the mother remarries and the father and grandfather are both dead, the amendment recommends putting the child in an orphanage.
If the father harms the child, the mother cannot claim custody for at least a year after proving the abuse has occurred.
The bill states that the purpose of the changes is “to preserve family and morals of society, to balance the rights of the child and the parents, and to make the law conform to Islamic Sharia code.”
‘A danger to society’
Human rights activist Hanaa Edwar told Rudaw English that changes do not take into account the interests of the child, and are biased against women, who said are treated as second-class citizens.
"It is already difficult for a woman to make the decision to divorce, which is primarily a man's right in Sharia and law. There are social and economic obstacles that prevent a woman from requesting a divorce, even if she is subjected to domestic violence. The stigma attached to a divorced woman is feared, especially as she will be subjected to harassment," Edwar explained.
Lawyer and legal advisor Muhammad Jumaa said the draft "takes revenge" on women.
"The amendment made a woman's choice of a second marriage a crime she would be punished for by taking her children from her. There is no justification for such an unjust law, except as revenge against women in a patriarchal society," Jumaa told Rudaw English.
"This law is a danger to society and the security situation. There will be many clan conflicts because of it. Mothers will not give away their children to fathers and grandfathers easily,” he added.
While parliament is busy amending the Personal Status Law that will put women at greater risk, a bill criminalizing domestic violence is languishing in the legislature. Islamic political blocs refuse to vote on it, according to Edwar. The Domestic Violence Law has been pending in Parliament for six years. It has had two readings, but no votes.
The current parliament has just two months left in its mandate. It has already voted to dissolve itself three days before parliamentary elections scheduled for October 10.
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