ABSTRACT
This chapter discusses the pluralism of Iraqi personal status law. By virtue of ancient prerogatives inherited from the Ottoman Empire, non-Muslim minorities (around 4 percent of the population) have always retained a large degree of autonomy as to family law-related issues. Christians (14 communities), Jews, Yezidis, and Sabaean Mandeans are subject to rules drawn from their own religious laws. However, Muslim family law, namely the Personal Status Code of 1959, forms the general law in this area, and its provisions prevail in case of interfaith marriages.
The chapter aims to demonstrate the enormous difficulties raised by this exacerbated pluralism regarding the complex articulation of norms and the resolution of internal conflicts of laws. It also focuses on the impact in terms of equality, particularly vis-à-vis women and children.
