Child Custody in Light of Amendment No. (1) of 2025 to Iraqi Personal Status Law No. (188) of 1959 and the Conflict of Opinions Regarding It

Abstract

The issue of custody is an important legal topic related to the Sharia aspects of Islamic jurisprudence, as it relates to raising and caring for a child after the separation of their parents until they reach the age of legal capacity, at which they can manage their own affairs. Comparative laws have varied in regulating this issue. In Iraqi legislation, following the issuance of Personal Status Law No. (188) of 1959, as amended, custody of a child was restricted to the mother until the child reached the age of fifteen, except for what the personal status courts decided in cases brought before them. The Iraqi Council of Representatives issued Amendment No. (1) of 2025 to Personal Status Law No. (188) of 1959, as a result of numerous demands by followers of the Shiite sect and others. This was in implementation of Article (4) of the Iraqi Constitution. The new amendment set the age of custody at seven years with the mother, and thereafter with the father. The effects of this amendment have had both positive and negative impacts on child rearing and society.