Marriage outside the court in light of the Iraqi Personal Status Law Amendment Law No. 1 of 2025

Abstract

The Iraqi legislator has set a clear legal pathway for the conclusion and registration of marriage contracts under the Personal Status Law, in order for these contracts to be deemed official. However, in an effort to avoid the complex legal procedures in courts or to escape certain legal restrictions, some individuals resort to concluding marriage contracts outside the competent courts. These contracts are often conducted in the presence of religious clerics and witnesses, rendering them religiously valid, but without any legal effect. According to the law, such contracts must be ratified by the competent courts in order to acquire legal consequences. Nonetheless, this does not exempt the parties from legal penalties. During the drafting of the amendment to the Personal Status Law No. (1) of 2025, an attempt was made to include a provision that would abolish the penalties imposed on marriages conducted outside the courts. Although this provision was not included in the final version of the law, it remains necessary to address suitable measures to limit the spread of this phenomenon and to prevent the harmful outcomes that may result from unofficial marriages.