Raja Hamid Rashid

Iraq – The women participating in the protest demanded that matters of marriage, divorce, and custody be decided by civil judges rather than religious clerics. They stressed that Iraq is a civil country composed of multiple religions and sects, and that discriminatory religious laws cannot be imposed on society.

Mothers from Baghdad and other affected cities raised their voices against the amendments to Law No. 188 of 1959 on Personal Status, which followed the Iraqi Parliament’s vote on the “Jaafari Civil Code.” They said these amendments marginalize women and undermine their family rights, demanding their cancellation.

The mothers carried banners with slogans such as:

“A child’s rights begin in their mother’s arms.”

“True justice begins with the mother.”

“A mother is unique; no one can replace her.”

“No law can abolish a mother’s embrace.”

“Do not elect the corrupt who steal your children.”

“Paradise lies beneath mothers’ feet, not beneath your amendments.”

“A just law protects mother and child.”

These slogans were raised during the protest held today, Saturday, September 20, in Baghdad’s central Firdos Square.

‘A lost generation in the name of law’

With a voice full of sorrow, one of the protest participants recounted that she had married under the old law: “I married according to the old Personal Status Law, before these amendments and the so-called Jaafari Civil Code. Back then, the marriage contract guaranteed the rights of both parties. But today, under the new law, a man can marry a second or even third wife whenever he wishes, and he has full freedom in marriage, divorce, and having children at any age. In contrast, a woman is restricted by time and circumstances.”

She explained that women’s lives are filled with enormous challenges—from pregnancy and childbirth, raising and educating children, to sacrificing their health and youth for the family:

“My marriage did not last long because my husband was unstable and his family interfered constantly. Divorce did not end the suffering; it only opened new doors of pain. I received no support from my family or society. Divorced men often enjoy social privileges, while divorced women—especially mothers—are burdened with blame and portrayed as weak, easily deprived of work opportunities, while their ex-husbands continue to exert pressure and blackmail them.”

“Why is my previous marriage contract being changed after divorce? What logic is there in altering the contract after it has ended? Where is my right to choose the type of contract that suits me? You have made women resent what is called ‘Sharia’ because of these unjust practices. Many women now wish to leave the Jaafari sect for the Hanafi sect in search of rights guarantees.”

‘I survived an attempt to be killed’

Another woman, victim of the amendments based on the Jaafari Civil Code, recounted her painful experience: “I married under the Hanafi sect. But after divorce, my ex-husband changed our previous marriage contract to the Jaafari sect without my knowledge or consent. I suffered severe domestic violence—my husband even tried to kill me. If it weren’t for his family’s intervention, I would be dead today. I filed a criminal lawsuit against him, and he was sentenced to prison under a clear legal article.”

“I have two children, yet this law granted me neither justice as a mother nor as an Iraqi woman. Men still hold control, and parliament sides with men and their rights at the expense of women and children. Women are still subjected to violence, exclusion, and pushed back to the era of concubinage. Iraq is not a religious state; it has always been a civil country of multiple religions, sects, and communities. So why are laws that marginalize and oppress women being imposed? I will never give up my children. Their father has not paid a single dinar in alimony, has not cared, nor even seen them for four years. And now he comes demanding custody? What kind of law is this? It is unjust and oppressive to every Iraqi woman. We demand that judicial authority remain in the hands of civil judges, not religious clerics.”

‘After three years, I'm requesting custody’

Another woman from Baghdad shared the story of how she married a man from Najaf and eventually divorced him due to marital problems: "I moved with my son to Baghdad. Despite the distance and the high cost, I took him to Najaf every Friday to visit his father. Later, I was told that the visits could be moved to Baghdad, and I agreed, because the father never saw his son once. Now, with the new amendment to the Personal Status Law and the adoption of the Ja'fari Civil Code, he wants to take custody of my son from me. Where was he all these years? I was responsible for everything—rent, food, education, and everything my child needs. He abandoned us over a trivial matter, left us helpless, and then divorced me. Now he's back demanding custody? This change is unfair; it completely ignores the pain of mothers."

‘My husband used my inheritance to marry another woman’

Another woman from Nasiriyah addressed the Prime Minister and the Minister of Interior, saying:

“My husband works in the federal police. After my family passed away, I inherited property. We used it to buy land and build a house together, and also took a state loan. For years, we lived in rented houses. But after a while, my husband disappeared. When I investigated, I found out that he had used my inheritance to marry another woman. He destroyed my dreams and built another life. Is this humanity? Where is justice?”

“Then he came back home and denied the marriage. But after a big fight, he threw me out of the house. I took my three children and went to my brother’s home. But my brother cannot support us. I was forced to work under harsh conditions, then had to quit because of problems. Still, I did everything I could to feed my children.”

“I hired a lawyer, got my inheritance back, and obtained alimony. But my ex-husband only paid for two months, then stopped completely. From 2023 until today, he has not paid a single penny. I obtained an official document to follow up and went to the police station where he was registered. There, they checked the system and told me he was a fugitive. I went back to court and got the same result again: fugitive, and his address is unknown.”

“Despite all this, they say custody belongs to the father? A man who doesn’t even know his daughters’ names or their ages? A man who doesn’t pay alimony, who flees from the law? Where is justice? Yet the law still says custody belongs to the father.”