Iraq’s Federal Supreme Court has dismissed a lawsuit seeking to overturn an amendment to the Kurdistan Region’s personal status law that imposes conditions on polygamy. The lawsuit, filed by three lawyers, challenged the constitutionality of Article 1 of the Kurdistan Region’s amendment to Personal Status Law Number 15 of 2008. The amendment requires several preconditions, including the first wife’s consent, before a husband can marry an additional wife.
The court rejected the case, citing the fact that none of the plaintiffs were personally disadvantaged by the amendment, according to complainant Aso Hashim, who spoke to Rudaw after Monday’s proceedings. Hashim indicated that the group intends to continue their legal challenge, stating, “We will [provide] someone who was disadvantaged by the amendment, and we will once again file a complaint at the federal court.”
Hashim further argued that the amendment conflicts with the basic principles of Islamic law and has led to social issues. Iraq’s constitution prohibits the enactment of any law that contradicts Islamic provisions.
The 2008 amendment by the Kurdistan Region’s parliament introduced several stipulations to Iraq’s Personal Status Law of 1959. These include the requirement for the husband’s first wife to give her consent before a judge, proof that the first wife is infertile or unable to engage in sexual activity, and evidence that the husband can financially support more than one wife. The amendment also prohibits additional marriages if the marriage contract with the first wife stipulates that the husband may only marry one wife.
In a related incident, the Iraqi Supreme Court dismissed a similar complaint in June after the plaintiff withdrew the lawsuit.
