By Farman Sadiq – KirkukNow

Masoud Saeed, a senior judge at the Personal Status Court in Erbil, described the Jaafari Code of personal status, based on Shiite jurisprudence, as a serious threat to women. He stressed that under this code, women would enjoy no rights and would not be independent in making decisions. Although the code is not imposed on Sunnis, there is nothing preventing them from resorting to it, since it favors men over women.

The Jaafari Code (a piece of legislation rooted in Shi’a Islamic jurisprudence) of personal status was approved by the Iraqi Parliament in late August, based on the latest amendment to the Personal Status Law. The amendment and adoption of the code sparked a wave of protests, especially among women’s rights activists.

In this interview with KirkukNow, Judge Saeed argues that adopting the Jaafari Code is a political and sectarian issue rather than a legal necessity. He points out that the Personal Status Law already accommodates all sects, faiths, and human rights standards, unlike the Jaafari Code.

KirkukNow: The Jaafari Code of personal status was approved by Parliament within the framework of the new amendment to the Personal Status Law. What do you know about it?

Masoud Saeed: I don’t have full information because it hasn’t been enforced yet. In Kurdistan (Region of Iraq KRI), it would need to be approved again by the Kurdistan Parliament before becoming officially applicable. If not, then couples who want to marry under it must file a request. If the judge rejects it, they can appeal, and the Court of Cassation would then decide whether to enforce it.

Currently, it is said that the code is not imposed on Sunnis, but only on Jaafari Shiites. However, the amended Personal Status Law No. 188 of 1959 already covers issues such as marriage contracts and deferred dowry in a way that fits both Sunnis and Shiites. But Shiites interpret it differently, saying the dowry can be claimed anytime during their lifetime, which is already practiced in Iraq.

If enforced, Sunnis and Kurds could also request to have their marriages conducted under the Jaafari Code, whether both parties are Kurds, Sunnis, or Shiites—or even mixed couples. This is quite possible.

KirkukNow: Was there a flaw or a gap in the Personal Status Law that required the adoption of the Jaafari Code?

Masoud Saeed: No, the law was written in a way that was suitable for all components of Iraq. I believe the Jaafari Code is purely political and sectarian—not a legal necessity.

KirkukNow: Doesn’t applying Shiite jurisprudence open the door for Sunnis to push for their own jurisprudence in personal status matters?

Masoud Saeed: Yes, and that would be natural. As I said, the Jaafari Code is a political project, aimed at imposing dominance since Shiites currently hold power. Tomorrow, if Sunnis come to power, they could easily abolish it and replace it with their own.

KirkukNow: Some Shiites claim they are not represented in the current law. Does the Personal Status Law ignore Sunni or Shiite traditions?

Masoud Saeed: On the contrary, if you study the law carefully, you’ll find it merges Sunni and Shiite jurisprudence—including both Jaafari and Maliki approaches. It’s a civil law that avoids sectarian discrimination and political ideology. Enforcing the Jaafari Code would actually divide Sunnis and Kurds from Shiites.

KirkukNow: What is the legal age of marriage per the Shiite jurisprudence? Does it allow marriage of girls as young as nine?

Masoud Saeed: The code does not specify a marriage age. But a girl is never independent in decision-making. While living with her father, he is her guaridan. Once married, her husband becomes her guardian. She has no autonomy whatsoever.

The code does not specify a marriage age. But a girl is never independent in decision-making

KirkukNow: Critics say vague wording in the code could allow guardians to force their girls get married while they are underage. What is your perspective?

Masoud Saeed: The code states that if there’s a dispute over a girl’s marriage, the matter goes to the Scientific Assembly under the Shiite Endowment. If unresolved, it is referred to Najaf jurisprudence. I don’t know the exact age Shiite authorities permit for marriage—some say nine, citing Aisha’s marriage at that age, while others argue she was 16. (Aisha was wife of Prophet Mohammed. Some sources indicate she got married while she was only nine-years-old.)

KirkukNow: Are women’s rights preserved under the Jaafari Code, or not?

Masoud Saeed: No, women have no rights under it. Guardianship belongs to the father until marriage, and then to the husband. Among Sunnis, however, once a girl turns 18 she gains full legal authority. But in the Jaafari Code, even giving testimony in court requires the father’s or husband’s consent.

Under the current Personal Status Law, if a woman marries under its conditions, she gains legal authority—she can file lawsuits or even demand divorce without waiting until 18. Under the Jaafari Code, women lose all power and rights. If she leaves her husband’s house, he is not obliged to support her, and she faces only two choices: return or divorce.

KirkukNow: Based on your experience, how often are women’s cases resolved in their favor under the current law?

Masoud Saeed: Almost always. Law 188 (1959) respects all sects and human rights. Women gain their rights: alimony, immediate and deferred dowry, gold, child custody up to 15-years-old, and three years of residence in the marital home. That’s why 99% of cases are resolved in their favor. Under the Jaafari Code, women would be the biggest losers, with zero chance of winning.

KirkukNow: As a judge, are you in favor of applying the Jaafari Code in Kurdistan?

Masoud Saeed: That is up to Parliament—I cannot decide.

KirkukNow: But as a citizen, are you personally in favor of it?

Masoud Saeed: No. This code was written for Shiites and not imposed on Kurds or Sunnis.

I believe many non-Shiite men will be drawn to it because it is male-dominant.

KirkukNow: If two people came to you requesting marriage under the Jaafari Code, would you approve?

Masoud Saeed: If they both agree and it’s not prohibited, I would marry them under the Jaafari Code. But other judges may refuse since Kurdistan’s Parliament hasn’t ratified it. If we reject their request, they can appeal to the Court of Cassation, which may overturn the decision.

I believe many non-Shiite men will be drawn to it because it is male-dominant.

KirkukNow: Suppose an Arab citizen in Kurdistan requests marriage under the Jaafari Code. What would you do?

Masoud Saeed: I would approve.

KirkukNow: Have you received such requests already?

Masoud Saeed: Yes, a Sunni Arab man in Erbil asked us to change his marriage contract to the Jaafari Code. We did not process it, but it shows there will be demand. He said: “They imposed it on us, and the code allows even past marriages to be switched to it.” I expect many Arabs in Kurdistan to adopt it because it favors men.KirkukNow: Do you see this as a threat?

Masoud Saeed: Absolutely. It threatens women’s rights.

KirkukNow: If Kurdistan had to choose between enforcing or rejecting the Jaafari Code, what would be your stance?

Masoud Saeed: If enforced, it would violate women’s and children’s rights. Removing women’s legal authority is dangerous. If asked for my opinion, I would reject applying it in Kurdistan.