Proposed Personal Status Law will Not Help Jaafaris

Alternatively, it is possible to present partial legal proposals regarding articles currently in force, if one feels that there are deficiencies or problems that require reform. This is completely different from ignoring the positive aspects of the personal status law — which legal experts have worked to develop for more than 60 years — and seeking to present a complete draft law as an alternative to the current law.

Yet advocates of this draft believe that it is not a mandatory alternative to the current law, yet rather a second option for those who do not want to rely on the law currently in force. This presents a huge legal mess, as there would be varied options that would be hard to solve legally.

For example, one side of a legal dispute may want to rely on the current law, while the other could insist on using the new law. In accordance with legal science, law is something that is mandatory, and affording choices when it comes to applying a law should be limited to specific cases when required, not in the form of an entire draft law.

Based on the above, governmental institutions should deal with Iraqi citizens in a general context when it comes to legislation, not one based on partial sectarian identities. This is especially true for the personal status law, which affects all citizens from conception till death.

(Shiite image via Shutterstock)

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