ERBIL, Kurdistan Region - Iraq’s Federal Supreme Court rejected a lawsuit on Monday which could abolish an amendment in the Kurdistan Region’s personal status law that had created several preconditions for polygamy.
Three lawyers had filed a lawsuit asking the federal court to rule that Article 1 of the Kurdistan Region’s amendment to Personal Status Law Number 15 of 2008 that requires several preconditions to marry an additional wife is unconstitutional.
The federal court rejected the case because none of the complainants were disadvantaged by the amendment, complainant Aso Hashim, told Rudaw after the proceedings on Monday.
"We will [provide] someone who was disadvantaged by the amendment, and we will once again file a complaint at the federal court," he added, vowing a future attempt to challenge the law.
He told Rudaw the amendment is in conflict with the basic principles of Islamic laws and has caused social issues.
According to the Iraqi constitution, no law may be enacted that contradicts the established provisions of Islam.
In 2008, the Kurdistan Region’s parliament amended Iraq’s Personal Status Law of 1959, setting several preconditions for the husband to marry an additional wife.
The amendment made it obligatory for a husband to obtain the consent of the first wife before a judge prior to marrying an additional wife.
The husband also is required to provide evidence that the first wife is either infertile or lost the ability to engage in sexual activity.
Additionally, the husband must demonstrate he can financially support more than one wife, and sign a paper promising he will be fair and just with the wives.
Three lawyers had filed a lawsuit asking the federal court to rule that Article 1 of the Kurdistan Region’s amendment to Personal Status Law Number 15 of 2008 that requires several preconditions to marry an additional wife is unconstitutional.
The federal court rejected the case because none of the complainants were disadvantaged by the amendment, complainant Aso Hashim, told Rudaw after the proceedings on Monday.
"We will [provide] someone who was disadvantaged by the amendment, and we will once again file a complaint at the federal court," he added, vowing a future attempt to challenge the law.
He told Rudaw the amendment is in conflict with the basic principles of Islamic laws and has caused social issues.
According to the Iraqi constitution, no law may be enacted that contradicts the established provisions of Islam.
In 2008, the Kurdistan Region’s parliament amended Iraq’s Personal Status Law of 1959, setting several preconditions for the husband to marry an additional wife.
The amendment made it obligatory for a husband to obtain the consent of the first wife before a judge prior to marrying an additional wife.
The husband also is required to provide evidence that the first wife is either infertile or lost the ability to engage in sexual activity.
Additionally, the husband must demonstrate he can financially support more than one wife, and sign a paper promising he will be fair and just with the wives.
In addition, if the marriage contract with the first wife states the husband may only marry one wife, then he is not permitted to be engaged in additional marriages.
In June, the Iraqi Supreme Court dismissed a similar complaint because the complainant withdrew the lawsuit.
Updated at 3:05 pm, the original headline of this article was 'Lawyers challenge Kurdistan's polygamy amendment in Iraqi supreme court'
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