The 2025 Amendment to Iraq’s Personal Status Law:

Legal Analysis and Implications

Sami Hussein Al-Maamouri

Faris K. Al-Anaibi

 

Abstract: The term personal 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.