The Federal Supreme Court in Iraq issued, on Tuesday, a ruling to suspend the implementation of three laws that had previously been passed by the Council of Representatives, namely “Personal Status,” “General Amnesty,” and “Restoring Real Estate to Their Owners.”

The court, in its capacity as the highest judicial authority in the country, explained in the text of the ruling published by the Iraqi News Agency (INA) that this step was taken following an appeal submitted by a number of members of the Council of Representatives concerning the validity of passing the laws all at once.

The court clarified that “suspending the implementation of a law is a discretionary power, and it is a temporary precautionary measure until a decision is reached on the constitutionality of the laws in question and whether they are consistent with the constitution.”

It added that “the consequences resulting from the implementation of the laws cannot be remedied if a ruling is later issued declaring them unconstitutional, especially since the nature of urgency is based on the idea of immediate interim protection that neither undermines nor acquires any right.”

On January 21, the Iraqi Council of Representatives voted to amend the “General Amnesty” law and the “Personal Status” law, in addition to the “Restoring Real Estate to Their Owners” law in Kirkuk Province. However, some representatives objected to the voting procedure, considering it a violation of constitutional processes.

In a statement to “Asharq,” legal expert Ali al-Tamimi explained that the Federal Supreme Court’s decision was issued “based on a petition without a hearing, without notifying the other party, and without affecting the essence of the right,” noting that it is “closer to administrative decisions.”

Al-Tamimi added that there is “the possibility for the party against whom the grievance was filed to object within three days from the date of issuance or notification,” clarifying that “the court decides on the grievance by confirming, canceling, or amending it, and its decision may be appealed within seven days.”

He noted that the decision “is considered suspended until the lawsuit is definitively ruled upon, either confirming or canceling it in accordance with the final judgment.”

A Wide Debate

The three laws, including the amendments to the “Personal Status” Law, sparked intense discussion in Iraqi circles. Opponents of these amendments believe that they “entrench divisions within society and threaten its security and stability,” while supporters say that “the new law will have no negative impact on any group within Iraqi society.”

The amendments grant courts broader powers in family matters, such as marriage, divorce, and inheritance. Activists who reject them believe they “undermine the 1959 Iraqi Personal Status Law, which unified family law and established protections for women.”

The main points of contention revolve around the legal age for female marriage, the official registration of the marriage contract, the legal and religious authority in cases of mixed marriage, as well as the divorced woman’s rights and child custody.

While some political and popular factions consider that the new law “lays the groundwork for tearing apart families and society, with dangerous repercussions and negative effects, especially on the rights of women and children, and entrenches sectarian and doctrinal division,” other representatives believe that the amended text may permit underage marriage and deprive the wife of alimony and custody rights, relying on disparate religious texts for each sect or doctrine instead of the existing laws.

Under the new law, when entering into a marriage contract, Iraqis may choose either the Shiite or Sunni sect, with the Personal Status Court certifying contracts concluded by adults through those who possess legal or religious authorization from the judiciary or from the Shiite and Sunni endowment offices, after verifying that the contract’s pillars and conditions are fulfilled.

While the “General Amnesty” Law is viewed as benefiting Sunni detainees and offering an opportunity for those involved in corruption and embezzlement cases.

Additionally, the council approved a land-reclamation law intended to unify Kurdish regional demands. Many parliamentarians, particularly independents, opposed these measures, noting that they “were reached through a political agreement between leadership figures outside the parliament’s dome.”

In a related context, the Iraqi Minister of Justice, Khaled Shwani, stated at the time that “implementing the Law on Restoring Properties will put an end to the Arabization measures that affected Kirkuk Province and other provinces,” adding that “the law will restore Kurdish and Turkmen agricultural lands to their owners in Kirkuk and other provinces.”

According to the Iraqi constitution, those who object to any law passed by the Council of Representatives have the right to resort to the Federal Supreme Court to challenge it after it has been ratified by the President of the Republic.

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