Iraqi Parliament pushes to pass three controversial bills in key Sunday session

Shafaq News/ The Iraqi Parliament's Legal Committee is set to hold two critical meetings—one on Saturday and another on Sunday—to facilitate the passage of three controversial laws.

According to committee member Aref Al-Hamami, "The Parliamentary Legal Committee will meet this evening to review the readiness of the General Amnesty Law, Personal Status Law, and Property Restitution law, all listed on the agenda for Sunday’s session."

He added that the committee will also convene again on Sunday morning to finalize these bills before the session, aiming to approve them without further delays.

Al-Hamami noted that there is significant "political and parliamentary consensus" to enact these laws during Sunday’s session, signaling a collective effort to ensure their passage.

Personal Status Law

The Personal Status Law, enacted in 1959 under Prime Minister Abdul Karim Qasim, applies to all Iraqis regardless of sect. The proposed amendments, however, would allow Iraqis to choose whether Shia or Sunni laws govern their personal status matters, such as marriage.

If parties in a family case disagree on the applicable legal source, the amendment stipulates that religious opinions will prevail. This change gives greater influence to religious texts over current civil law.

Additionally, the amendments require the Shia and Sunni Endowment Councils, working with the State Council, to draft a comprehensive code of religious rulings on personal status issues. This code would need to be submitted to Parliament for approval within six months of the law’s enactment.

Another key provision involves personal status courts validating marriage contracts performed by Muslims. These courts must ensure all contracts meet both religious and legal conditions before recognizing them.

Shia voices within the Coordination Framework argue that the amendments are constitutional and address family-related issues. In contrast, civil society activists and political parties have criticized the changes, calling the current law the "best in the region."

Opponents also claim the amendments permit child marriage, deprive wives of alimony and custody rights, and replace civil laws with sect-specific religious texts. This shift, they argue, undermines the progress Iraq has made in women’s rights.

The General Amnesty Law

The General Amnesty Law (GAL) in Iraq has been a key part of political compromises since its first enactment in 2008, when it was passed alongside the General Budget Law and the Law of Governorates Not Incorporated into a Region. This reflected a political deal where each major faction—Shia, Sunni, and Kurdish—gained a law serving their respective interests.

In 2016, a second version of GAL was passed, emerging again as part of a political agreement, particularly driven by Sunni demands. It was voted on alongside the "Baath Party Ban Law" and the "Popular Mobilization Authority Law," reinforcing the notion that the law was a product of political concessions. GAL has since become a central demand of Sunni blocs, especially during negotiations for forming the "State Administration" coalition, which brought together Shia, Sunni, and Kurdish parties to create the current government under Prime Minister Mohammed Shia al-Sudani.

Despite being a critical condition for Sunni participation, the law faces opposition within the Shia Coordination Framework due to concerns that it could allow the release of individuals convicted of terrorism, murder, and other serious crimes. To address these concerns, officials have proposed amendments excluding terrorists, those involved in human trafficking, drug offenses, and crimes threatening national security.

Property Restitution law

The proposed law, supported by the five Kurdish blocs in the Iraqi Parliament, aims to overturn Baath Party-era decisions regarding agricultural lands in areas covered by Article 140 of the Iraqi Constitution. These decisions, made in the 1970s, led to the confiscation of lands from Kurdish and Turkmen farmers, which were then redistributed to Arab settlers, primarily in Kirkuk. The bill seeks to return these properties to their original owners and address the ethnic imbalance caused by the Baathist regime's policies.

The Kurdish blocs have united to pass the law, holding multiple meetings with Shiite and Sunni groups to ensure its progress. Notably, Kurdish representatives met with Hadi al-Amiri, Chairman of the Government Committee for the Implementation of Article 140, to gain support and prevent opposition from other parliamentary blocs.