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Status Anxiety

How the Jaafari Personal Status Law Could Set Iraqi Women Back Decades

An Iraqi woman holds her child onboard a carriage at Baghdad central railway station, 2003. Kieran Doherty / Courtesy Reuters

Last October, Hassan al-Shimari, Iraq’s minister of justice, quietly submitted a draft law to the Council of Ministers for review. If implemented, the Jaafari Personal Status Law (so named because it is based on the Jaafari school of Shia jurisprudence) will fulfill a longtime goal of the country’s conservative Shia leaders: to exert religious control over critical family matters such as marriage, divorce, custody, and inheritance for the country’s Shia -- some 60–65 percent of the population. Shia advocates of the law, noting the decades of oppression they suffered under a harsh Baathist Sunni minority, contend that the bill would expand their freedom to practice their faith. Although that might be true for some Shia, for others it would drastically curtail their civil rights in the name of religion, and deepen sectarian tensions in society. It would also seriously undermine the rights of women and children by permitting

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