Iraq’s Controversial Laws Legislation: What We Know So Far

Shafaq News/ On January 21, 2025, the Iraqi Parliament voted on three controversial laws in a single session, approving the Personal Status Law, the General Amnesty Law, and the Property Restitution Law. The decision followed months of intense debates and repeated session cancellations due to disagreements and altercations among lawmakers.

Contentious Voting Process

Parliament had initially approved individual articles of the three laws on December 1, 2024, but postponed the final vote on the full legislation until outstanding disputes were resolved. However, in January 2025, lawmakers proceeded with an up-or-down vote on all three laws without further amendments, a move that provoked strong objections from several MPs who opposed specific provisions or how the vote was conducted.

The controversy did not end with objections inside the chamber. Some lawmakers escalated their opposition by targeting the Parliament’s leadership. MP Yasser Al-Husseini announced efforts to collect over 130 signatures to remove Speaker Mahmoud Al-Mashhadani, accusing him of procedural violations during the session.

A source told Shafaq News that "several MPs protested against the voting mechanism used for the three controversial laws," highlighting concerns that "half of the attending lawmakers did not vote, which should have nullified the quorum." A video obtained by Shafaq News also showed MPs collecting signatures to remove Al-Mashhadani from the voting process.

Following the vote, chaos erupted inside the parliamentary hall, with lawmakers chanting that the voting procedure was "invalid" and "unlawful," insisting that "laws cannot be presented and passed collectively through a prearranged agreement."

Federal Court Intervention and Political Reactions

On February 4, Iraq’s Federal Supreme Court issued an injunction suspending the implementation of the three laws in response to legal challenges filed by MPs who questioned the voting process and the session’s quorum. The ruling, however, was met with widespread opposition from Sunni political factions.

Former Parliament Speaker and leader of the Taqadum Party, Mohammed Al-Halbousi, was among the first to criticize the court’s decision. He rejected the suspension of the General Amnesty Law, arguing that it was designed to serve "only innocent and wrongfully detained individuals, excluding terrorists." Al-Halbousi accused the court of politicizing its rulings and vowed to challenge the decision through both legal and public mobilization, calling for protests and a boycott of institutions that "disrespect the will of the people."

By the evening of February 4, protests against the court ruling had escalated. Several Sunni-majority provinces, including Nineveh, Al-Anbar, and Saladin, declared official work suspensions in response to the ruling. Kirkuk later announced a similar suspension in Kirkuk.

Conversely, the Coordination Framework, an alliance of Shia political parties, voiced strong support for the Federal Supreme Court’s decision, defending its authority to oversee legislative constitutionality. The bloc expressed surprise at "the attacks against the court, which aim to undermine its credibility and strip it of its constitutional role."

Judiciary’s Final Ruling

On February 5, Iraq’s Supreme Judicial Council ruled that laws enacted by Parliament cannot be suspended before their publication in the official gazette. While it called for caution in handling the Personal Status and Property Restitution Laws, it mandated the immediate enforcement of the General Amnesty Law.

Despite the Federal Supreme Court’s opposition, Iraqi courts across multiple provinces began applying the revised Amnesty Law starting February 6, following the Higher Judicial Council’s instructions.

On February 11, the Federal Supreme Court ultimately dismissed all legal challenges against the three laws, reversing its earlier injunction. Chief Justice Jassim Al-Omairi confirmed that "the court has decided to cancel the injunction suspending the Amnesty, Personal Status, and Property Restitution Laws and to reject all legal challenges against them."

Meanwhile, Sabah Al-Bawi, Director of the Parliament’s Legal Department, revealed that the court had dismissed five lawsuits filed by MPs challenging the three laws. "Some of the lawsuits questioned the session’s quorum, but Parliament successfully demonstrated that 221 lawmakers were present during the vote," Al-Bawi told Shafaq News.

Legal Interpretations and Future Implications

Legal experts noted that "rulings by the Federal Supreme Court are final and binding, unlike preliminary injunctions, which fall outside the court’s jurisdiction." They explained that "injunctive relief is typically handled by regular courts under general jurisdiction laws, as Iraq’s Constitution and the Federal Court Act do not grant such authority to the Supreme Court."

With the court’s ruling, the three controversial laws are now set to take effect, though political and public reactions remain polarized.