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After that, many requests arrived to us at the center, from a not a few group, representing a good percentage of the Iraqi society, and in order for us to follow up on everything that concerns the Iraqi citizen, we put in your hands what we received a text message asking you to hear your views on the following topic: We are a large group of parents, grandparents, grandmothers, uncles and aunts. We have suffered from great injustice from Personal Status Law No. (188) of 1959 amended, especially Article 57 thereof, after it was amended by the dissolved Revolutionary Command Council. Those amendments that led to the severing of the relationship between the children and their families, which led to the destruction of the basis for building a strong and cohesive society, which is the Iraqi family, and the increase in divorce and judicial separation cases, to a very dangerous level. Warning of dangerous consequences and serious problems, and here are these amendments: * The first amendment in 1978 raised the custody age to 10 years, which can be extended, after it was 7 years in the original text. * Second Amendment in 1986: A widow has the right to retain custody of her children even after she marries a foreigner, and one of the guardian’s conditions in the original text is that she is not married to a foreigner. * The third amendment: The right of a divorced woman to retain custody of her children even after she marries a foreigner In this regard, we would like to mention the following First: The above-mentioned amendments led to the removal of the child from his natural father until the age of puberty, which is contrary to the Iraqi law specified in Paragraph 4 of Article 57. The father may consider the affairs of the child in custody, raise him and teach him until he reaches the age of ten years, and then return to violating this duty and assignment in the same Paragraph (that he does not sleep except at the custodian’s). Then, the Iraqi Court of Cassation should strive and set for the father two or three hours every 15 days to watch his son in the social research halls, in front of dozens of families, guarded by guards, close to arrest and under the sight of the convicts and the perpetrators, what contradiction is this and what future do we expect for our children after we have presented all the above and how can it be possible Can the father consider the affairs of the child in these circumstances? !! Second: These amendments are inconsistent with the provisions of Islam and what the Islamic sects have agreed upon regarding child custody, as the custody age has been set at seven years (two compulsory years, seven years as reserve in Jaafari jurisprudence, and seven years. It is obligatory for three imams from four imams from the Sunni and Jamaat sects) and in addition to Moreover, all doctrines of Islam stress the guardianship of a child over his father if his mother marries. Third: The above amendments violated the Iraqi constitution in Article Two, Paragraph (a), which stipulated that it is not permissible to enact a law that contradicts the established provisions of Islam and violates Article 41 contained therein (Iraqis have the freedom to adhere to their personal status according to their religion, doctrines, beliefs, or choices, and this shall be regulated by law) Fourth: These amendments are inconsistent with the United Nations Convention on the Rights of the Child, which was adopted on September 2, 1990, and which Iraq ratified in 1994, as stipulated in Article 5 of the Convention: Member states respect the responsibilities, rights and duties of parents, And in Article 9 it is stipulated that a child should not be separated from his parents due to their hatred. For all of the above, protection of childhood, great injustice and prejudices, we summarize our request as follows: (1) To cancel the dissolved Revolutionary Command Council’s amended decisions No. 188 of 1959 and restore the text to what it was before the amendment. ” The text submitted by this particular group has ended, and as mentioned earlier, we are asking everyone for a comment on the matter.

 

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Thualfuqar Center for Strategic Studies, Research and Human Rights .... Thualfuqar center is a private, independent research institution concerned with public affairs in Iraq and the effects of its regional and international environment.

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