The most important family law in Iraq is the Personal Status Code[1], Law No. 188 of 1959[2] which applies to all Muslims – Shi’a and Sunni.
Family law in the Kurdistan Region of Iraq is based on the same 1959 Code but is subject to any Kurdish post 1991 amendments.
Article 41 of the Iraqi Constitution states:
“Iraqis are free in their commitment to their personal status according to their religions, sects, beliefs, or choices, and this shall be regulated by law.”
There have been (so far unsuccessful) attempts in Iraq to repeal the Personal Status Code to allow ‘unvarnished’ shari’a to apply to Muslim personal status disputes.
The 1959 Code has been most significantly amended by Laws No. 11/1963 adding Chapter 9 on Inheritance, and No. 21/1978 relating to Women’s Rights in Marriage and Divorce).
Iraq has signed the 1980 Hague Convention the Civil Aspects of International Child Abduction. A 26 March 2018 Letter of Exchange for Cooperation was signed by the senior UK judiciary and Iraqi Federal judiciary.
Andrew Allen QC 