XOFRAN EL-RADÎ

Baghdad - While the divorce rates in Iraq has been increasing since the beginning of 2021, more than 200 couples sought a divorce every day in September, according to reports released by Iraqi justice officials in mid-September. The number of divorce files in August was 6250. Nine divorces files have been held by courts in the country every hour.

Article 57 of the 1959 Iraqi Law of Personal Status

The proposal to amend Article 57 of the Iraqi Personal Status Law has been one of the items of the parliament’s agenda. If the proposed amendment is passed by the parliament, mothers will not have the right to custody for children above the age of seven following divorce proceedings. Since the amendment was proposed, women activists have taken to the streets to protest it. They launched a campaign called, “Women are against the proposed amendments to Article 57”.

Feminist activist Ghazal Al-Khazali is one of the campaigners. “There is an urgent need to work on laws that serve all Iraqi families. We need a domestic violence law to protect women and families. Women should participate strongly in change,” she told us.

“I was subjected to domestic violence for seven years”

25-year-old M.E., the mother of two, told us she began to face violence by her husband just after their marriage. “I wanted to divorce but my family didn’t allow me. My father told me to do whatever my husband asks from me. I was subjected to domestic violence for seven years. After the death of my father, I filed for divorce.” 

After M.E. got divorced, her family demanded her to leave her children. “I left my family to not leave my children. I rented a small house and began to work at a children's playground to earn a living for my children.”

32-year-old teacher F.S., the mother of three, got divorced to protect herself and her children from domestic violence. “He inflicted violence against me and my children when I refused to give my salary to him. He only cared about money. One day, my ex-husband inflicted violence against my 11-year-old son. My son cried and told me “save me”. That’s when I realized that I could save my son if I got divorced. If the proposed amendment to Article 57 is passed by the parliament, women will not be able to save their children from violence.”

Rate of divorce files

Human rights defender Haura Al-Moussawi drew attention to the increasing number of divorce files, particularly in Baghdad, “According to reports released by Iraqi justice officials, the last month’s number of divorce files was 8.245. We can say that one of the reasons for divorces is early marriages. The proposed amendment to Article 57 states that the divorced mother should not marry to take custody of her child until she/he turns seven. This amendment denies women's right to marry.”