Department of Law conducts panel on conflicting issues related to Personal Status Complaints
Department of Law conducts panel on conflicting issues related to Personal Status Complaints
2025-02-18
The Department of Law at the University of
Human Development organised a panel featuring two of its lecturers addressing
several conflicting issues related to complaints in the area of personal status
laws, titled ‘Characteristics of Personal Status Complaints in Light of Current
Laws and the Rulings of the Court of Cassation.’ The main speaker was Judge
Muhammed Mustafa Rasul, while Mr Hardi Tawfiq Mustafa served as the moderator.
The event was held in Professor Dr Ali Qaradaghi Hall on 15 February 2025. The problem the panel aimed to address
pertains to the two different legal systems operating in the Kurdistan Region
of Iraq (KRI), where local laws sometimes conflict with federal laws, leaving
gaps that remain unresolved. This issue manifests in many areas, with
one example being the 1971 Birth and Wills Registration Act, which was passed
by the then Iraqi legislative body and later adopted by the federal government until
recently. This law has since been replaced by another law enacted in 2024. The
core issue is that the KRI has a law passed by its parliament in 1992, stating
that any laws enacted by the Iraqi parliament must go through the KRI
parliament for approval; otherwise, they are deemed invalid. Currently, the KRI
parliament is in a state of suspension and has not convened for several years
due to political tensions and other legal problems, leaving the KRI in a legal
vacuum. The 2024 federal Act requires approval from the KRI parliament, which
is currently inactive. A few KRI judges sought the opinion of the
KRI Court of Cassation, the only highest court in the region, to resolve the
issue. The Court of Cassation indicated that KRI courts can follow the new
federal Act for disputes related to personal status matters. However, this
decision contradicts the KRI 1992 ruling, which states that any Iraqi laws must
be passed again by the KRI parliament to be valid and usable in court disputes.
This represents one of many legal dilemmas in the Kurdistan Region of Iraq.