Agreement reached to pass disputed laws in upcoming Iraqi Parliament session, 25 OCT

 Agreement reached to pass disputed laws in upcoming Iraqi Parliament session, 25 OCT

Shafaq News/ A parliamentary source revealed, on Thursday, that Shiite, Sunni, and Kurdish blocs have reached an agreement to pass politically contentious laws during the upcoming session of the Iraqi Parliament, scheduled for Sunday.

The source told Shafaq News Agency that a prior agreement exists between the parliamentary leadership and political blocs to approve these disputed laws in a single session. "The leadership has decided to include several key proposals, including the Kurdish bloc’s demand for the Law on Returning Properties to Their Owners, the Shiite Coordination Framework's demand for the Personal Status Law, and the Sunni blocs’ demand for amendments to the General Amnesty Law, all of which will be addressed in Sunday’s session," the source explained.

The source added that parliament will vote on these laws as a package deal, meaning that if any law is rejected, all the laws will be postponed to a later session.

According to the parliament's media office, the agenda for Sunday includes voting on the Property Restitution Law, which addresses properties affected by certain decrees of the now-dissolved Revolutionary Command Council. It also includes voting on amendments to the 1959 Personal Status Law (Articles 2 and 10) and the second amendment to the 2016 General Amnesty Law.

Additionally, the session will cover the first readings of the Intellectual Property Protection Law and the Civil Aviation Law.

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.

The Law on Returning Properties to Their Owners

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.