The issue of family affairs is one of the most important issues that reflect progress or retardation of society, especially in the case of the relationship between men and women and personal circumstances (alahwal alshakhsiya). The Iraqi personal circumstances law which has been in effect for over 40 years represents an advanced one in its advocation of woman rights. We hoped for more reforms on the existing judiciary code in order for women to obtain additional rights which would conform with the prerequisites of the new Iraq, we did not expect to go steps backward as is the case today in Iraq?

The transitional GC recently passed a decision to abolish the personal circumstances law, and according to this decision which reflects the ’desire of Islamic parties’ the GC agreed that Islamic Sharia (Allah’s law) would rule in cases of personal circumstances of man instead of the existing civil code. And that spiritual Islamic ethics would be included in the future government they intend to form in Iraq.

The GC gave the role of legal courts, according to this law, to clerics and tribal leaders. Which means that the destiny of women in Iraq will be subject to fatwas and personal interpretations of Islamic Sharia texts by Mullahs and tribal sheikhs, when it should be according to a fixed personal circumstances code. This project evoked storming rage and condemnation from Iraqi women because of the stark differences between the two. In the case of the personal circumstances law, legal courts rule depending on evidence and proof, because law is science, and science depends on certain knowledge. Whereas in the second case rulings are made from beliefs based on personal interpretation and misconstruction of Islamic law.