The Intersection of Cultural Norms and Personal Status Law: The Contribution of Women's Rights Organizations to the Advancement of Legal Rights in KRI and Iraq 

To read the full interview conducted on this topic, please click here. While the analysis paper and interview present independent perspectives, they are complementary in their exploration of the issue.

Introduction

Patriarchal powers and a divided legal system of civil and religious laws heavily shape women's lives in Iraq and the KRI. One recent development is with the personal status law (PSL). First issued in 1959, the law addresses family matters such as marriage, divorce, and inheritance.¹ It was created to protect women and children's rights but has now turned into a battleground for women’s rights activist; in the midst of attempts to make regressive interpretations of Sharia law official. These attempts show a broader problem concerning the future of the women in the country and the need for advocacy for gender equality.²

The political climate in Iraq makes reform difficult. Legal protections for women have deteriorated because of social stress caused by years of armed conflict, economic struggle, and political instability. Religious leaders hold a lot of power over legal matters, and they frequently ignore constitutional principles in favor of politically motivated religious interpretations or cultural norms, disregarding women’s needs. This has caused big disparities in women's rights laws between the KRI and federal Iraq, creating a fragmented legal system for the country.

Additionally, cultural norms and traditional gender roles that say men should be in charge and women should stay at home make it hard for women to participate in public life. The unfair treatment of women isn't limited to the provisions of the family law, but also at work, in politics, and when trying to get justice. People and groups trying to change this often face a lot of pushbacks from the public, showing how deeply these beliefs are held.³

The KRI has taken some good steps to protect women’s rights over the years with the help of many women’s rights organizations advocacy, like establishing laws against domestic violence and opening shelters for women to stay. But these improvements are at risk because there have been efforts to change the laws to match the more cultural and religious-based laws practiced by the Iraqi federal government. Women’s rights groups are fighting against these actions by pushing for better laws, teaching people about the issues, and helping women who have faced violence and injustice because of these efforts.⁴

The aim of this study is to explore how culture and tradition affect the laws focused on women’s rights in Iraq and the KRI. It also shows the continuous efforts made by local women’s rights organizations, who support women in need and advocate for better laws and more attention to the problems in the legal system. Their advocacy is through teaching people, working with government officials on legal issues, and teaming up with other women’s rights activists to create change. A combination of insights from an interview with Asuda organization, which is working on violence against women, and a review of the past and current legal and cultural contexts was used to analyze the subject.

Understanding Women’s Legal Rights in Iraq

Iraq has agreed to follow international human rights laws such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which was established in 1979 by the United Nations (UN) for the protection of marginalized women.⁵ As well as the Convention on the Rights of the Child (CRC), which was established in 1989 by the UN to protect children and create safe environments for them in the countries that agree to the treaty. Unfortunately, Iraq hasn’t fully accepted the part of CEDAW stating that men and women should be equal in family matters by law because it still follows Sharia-based traditions, stating “The reservation to this last-mentioned article shall be without prejudice to the provisions of the Islamic Sharia according women’s rights equivalent to the rights of their spouses so as to ensure a just balance between them.”⁶ Iraq’s practice also violates CRC laws in terms of child marriage. According to Sharia law, a girl’s ability to get married is based on when she reaches puberty and not at a certain age. This has enabled Iraq to become an easy hub for child marriages, in areas where religious leaders oversee court matters such as marriage, again defying UN regulations that they agreed to follow.⁷

There are significant inconsistencies in laws and regulations governing women's rights in the KRI and federal Iraq. While the KRI has made some progressive steps towards justice for women, by criminalizing domestic violence and opening official safe shelters for vulnerable women, Iraq has not followed suit. Instead, they follow outdated laws that fail to protect and help women. Alongside that, the dual legal system (governed by a constitution and religious laws) creates space for loopholes to be used to bypass the small, limited amount of protection by law the women of the region have, especially in more rural areas. A lot of legal cases related to marriage, divorce, and inheritance are solved through religious courts, which prioritize patriarchal outcomes rather than protection of the vulnerable. This lack of unified laws and vague interpretations of the rules has prevented women from getting help from the legal system put in place to get everyone justice.⁸

Besides legal problems, many women also deal with a lack of education and awareness on their rights, or don’t have a support system to fall back on, or can’t afford legal services. The KRI has a lot of women’s rights organizations, such as Asuda, that help by raising awareness in the region on women's rights, have hotlines and in-person counselling, and provide financial and legal support for those in need. They also provide support for minority women, like Yazidi women who face discrimination because of their ethnicity.

In many villages and rural areas, traditions are considered above the law. Practices like arranged marriage, marriage exchanges (where women are married off to another family to settle problems) still happen even though they are illegal. Many women don’t speak up because they’re afraid of their families or communities retaliating and have no support. These harmful traditions continue because of a lack of strict and harsh punishment for breaking the laws. In the end, even though there are laws that support women’s rights, and many active women’s rights organizations working to help women in need, the situation for women in the country is not good and needs to be improved. Deep cultural beliefs, unclear laws, and a lack of strict enforcement of punishment make change difficult.⁹

Personal Status Law (PSL) in Iraq

PSL was established in 1959, as a way to unify the different religious sects under a civil framework. It defined groundbreaking laws that restricted polygamy, identified a proper minimum age of marriage, and created just and stable conditions for divorce, inheritance, and children's custody. Today, PSL applies differently in each part of Iraq, which makes things confusing and challenging for women.¹⁰

Decades of war and conflict have caused extreme religious ideations to rise. The fall of Saddam Hussein’s regime in 2003, and the rise of the Islamic State of Iraq and Syria (ISIS) in 2014 were turning points that led to a push for sectarian interpretations of Sharia laws and religious leaders pushing for religiously governed PSLs.¹¹

One alarming attempt came in 2014 where a draft revision of PSL was created called Jaafari PSL, proposed by Shi’a lawmakers, which aimed to lower the legal age of marriage for girls to nine, legalize marital rape, and allow religious leaders to officiate marriages.¹²

This sparked widespread disapproval and fear from human rights groups both inside and outside Iraq. Women’s rights organizations, including Asuda, led protests and legal campaigns to stop the bill from going forward. “We campaigned against this, including traveling to Baghdad to protest,” noted Asuda’s Vice Jwan Rahim. The efforts from NGOs and negative media coverage pressured lawmakers to pause the bill, but the threats of similar efforts remain.

PSL also needs adjustments; for example, while it sets a standardized minimum age for marriage, Article 8 allows for judges to disregard that law and allow for marriages under “special circumstances”. For many years, judges have routinely used this article to circumvent the law. Additionally, polygamy is also routinely allowed by taking advantage of similar loopholes, and divorce laws are still in favor of men on inheritance and alimony.¹³

There is also revision needed for custody issues. In cases of domestic violence, women who leave abusive husbands often lose custody of their kids unless they can prove the father is dangerous, which is very hard in a system that favors men. Asuda’s lawyers say many women stay in abusive marriages because they’re scared they’ll lose their children. There are also new challenges faced by modern-day women that need to be added into the PSL, such as online harassment.¹⁴

PSL is both helpful and harmful for women. It gives them a way to seek justice, but it’s also shaped by strict, traditional views that often limit women’s rights by using loopholes in the law. Because of ongoing debates between decision makers and religious leaders, the law keeps changing, which makes constant advocacy necessary.¹⁵

Violence against women based on "family honor" is common. Our lawyers have been threatened, especially if they were seen as responsible for a woman’s ability to divorce

Jwan Rahim, Asuda VP

The Role of Cultural Norms (How social and religious customs shape legal norms and public attitudes)

Many old traditions and religious beliefs dictate how women should live in Iraq and the KRI. These ideas can be seen woven into the law. For example, men are more favored when it comes to inheritance, one male witness is equal to two female witnesses in court, and women are judged by their community if they get a divorce.¹⁶

“Culture plays a major role. Often, decisions aren't based on what a person wants but on what society expects,” explained Ms. Jwan. She highlighted the challenge of mothers who want to keep their daughters in school, but societal norms create pressure to allow for early marriage. The stigma against women's independence also extends to NGO workers: “Some parents discourage their children from working at our organization, claiming it's dangerous” remarked Ms. Jwan.

“Violence against women based on "family honor" is common. Our lawyers have been threatened, especially if they were seen as responsible for a woman’s ability to divorce” she added, highlighting the dangers faced by advocates. People believe a woman’s actions affect her family’s honor. Because of this, girls can be kept at home, married off young, or even harmed and killed if seen as shameful.¹⁷ Religious groups have a lot of power in the country and often support these traditional ideas. Schools also repeat old ideas, showing men as leaders and women as housekeepers. Kids grow up believing these roles are normal. Laws alone aren’t enough to protect women; society’s thinking also needs to change.¹⁸

Decision-making roles are dominated by men, while women’s voices are often sidelined. This structural imbalance makes changing the laws that support the current power structure very difficult. Media narratives also play an important role in women's rights advocacy; sometimes they can be seen promoting progressive messaging and empathetic stories, but other times they sensationalize cases of gender violence or frame women’s rights activists as radical for political messaging. Activists are forced to carefully craft their messages to avoid backlash while still making sure their message is clear and impactful.

One big problem is that when people lack good education, mental health help, or legal support, they fall back on old traditions. That’s why women rights organizations like Asuda provide shelters, legal help, mental health counseling, financial support, and educational seminars, to give people better options.

Advocacy and Legal Reform (The work of women’s rights organizations, successful campaigns, and partnerships)

Women’s rights organizations play a critical role in advocating for women's rights, particularly in the KRI where the laws are more lenient in that area. Not only do they provide support to vulnerable women, but they also teach communities, provide support for the whole family to build a healthy society, and advocate for big changes in laws and law administration.¹⁹

Ms. Jwan emphasized the importance of awareness in their advocacy: “One of our key advocacy methods is awareness raising. We engage with communities through media campaigns, public gatherings, and workshops; often involving women, men, and even religious leaders.” This community-based approach recognizes that legal change can't be forced on by individual entities but must be supported by cultural transformation at the most basic level.

This means creating programs that fit what local people need. Asuda runs phone hotlines in places like Duhok, Sulaymaniyah, and Halabja. These hotlines give women safety, legal advice, and emotional support. They also show that violence looks different in each area. “Over the years, the nature of our cases has evolved.
“Now, families are more educated, and social attitudes are gradually shifting,” said Ms. Jwan.

Advocacy also means helping women through the legal system. Asuda gives free legal help to women who need divorce, custody, or protection; especially in serious abuse cases or unfair marriages. “If she can't afford legal representation, we cover the costs,” said Ms. Jwan. For many women, this is the only way they can get justice. She also explained that these issues cannot be seen as isolated legal issues from the broader familiar and social context. This is why their counseling services benefit not only women, but also children and occasionally even husbands.

“In many cases, we invite both the woman and her husband to counseling sessions.

“If a resolution is possible, we work toward it, always making it clear that the final decision is theirs,” said Ms. Jwan. This approach protects women’s rights while respecting the complex nature of family life shaped by the culture.

There has been a shift towards discussions about mental health issues, a previously ignored issue. Now many organizations work with mental health experts to raise awareness of getting help when necessary. “Mental health remains a stigma in our society, but we're seeing some progress” Ms. Jwan said. They train counselors and include mental health support in their legal and protection services, helping survivors heal. Their work with children is especially creative; when kids come with their family, the therapists look at the kids' attitude and drawings for signs of trauma or distress and suggest the right kind of help to the parents.

Women's organizations in the region have made many legal changes possible. For example, they have worked against regressive amendments to the PSL. They have also campaigned to criminalize online harassment. In addition, they have pushed for efforts to secure compensation for survivors of conflict-related sexual violence, such as the Yazidi women and girls.

One standout project is the (My Name, My Mother’s Name) campaign, done with the People’s Development Organization (PDO). It aims to give legal identities to children born to Yazidi survivors of ISIS, connecting them to their rights and community.²⁰

There is also a visible partnership between women's rights organizations in KRI and government bodies, including the High Council of Women’s Affairs and the Asayish (KRI security organization). This provides the NGOs with some legal protection in an otherwise dangerous field. These NGO’s approach of collaboration, instead of conflict, allows them to perform institutional resistance while advancing reforms from within.

A particularly damaging narrative depicts these organizations as being aligned with Western or foreign values of feminism, framing it as a cultural threat

Challenges to Legal Advocacy (Institutional resistance, sectarianism, political instability, and societal backlash)

Decision makers and law enforcers are mostly men, creating an environment that lacks gender sensitivity and situational awareness of the women's problems in the country. This causes them to interpret laws through a conservative or patriarchal lens. Resulting in dangerous legal loopholes, inconsistent enforcement of laws protecting women, and reluctance to prosecute crimes such as domestic violence and child marriage that are rooted in culture. Even when legal support exists, such as the domestic violence law in the KRI, the implementation process is biased. Judges, police officers, and prosecutors may disagree with it and use their judgment to decide on an outcome, usually disfavoring women.²¹ Many NGOs have navigated these institutional barriers by building relationships with key government institutes, though progress remains slow. The fragmentation of Iraq and the KRI’s legal system is another major challenge. Different regions operate under different laws, and the different religious sects shape the interpretation of the religious laws differently. This lack of legal unity means that protections and services such as shelters available in the KRI are not available in Baghdad or Kirkuk.

However, the greatest challenge yet is social resistance. The public and media’s mischaracterization of the women's rights advocacy creates widespread stigma against organizations and the movement. This backlash can manifest through misinformation campaigns, verbal harassment, and even physical threats. These threats, in turn, are a risk of concern. Staff at these organizations have continuously faced harassment and intimidation by the public. “We receive online harassment, personal threats, and sometimes even hostility in public.” Ms. Jwan explained. These working conditions deter skilled professionals from entering or continuing work in the field of legal advocacy.

A particularly damaging narrative depicts these organizations as being aligned with Western or foreign values of feminism, framing it as a cultural threat, without acknowledging their messaging for justice and equality for all. This narrative weakens the public’s trust in NGOs and creates more unnecessary obstacles for legal reform.²²

Another challenge is the uneven spread of advocacy. In rural and marginalized areas, women often struggle to reach legal aid centers or shelters due to geographic isolation, lack of transportation, or financial constraints. NGOs are already stretched thin, and while some offer online or calling services, there is still a case of neglect of women in rural areas whose problems are usually more extreme. There is also the national lack of understanding of mental health issues, which makes advocacy efforts more difficult. Many survivors of gender-based violence require long-term psychological care to heal from trauma. “Every week, we support two or three individuals with suicidal thoughts” shared Ms. Jwan. The stigma surrounding mental health, combined with a lack of institutional support, places the burden of care for the vulnerable women almost entirely on NGOs, stretching thin their already limited resources.

Finally, financial instability is a constant challenge. Many women’s rights organizations rely on short-term, project-based international fundings. “There were times when we went five months without funds, and the long-term staff made personal sacrifices to keep Asuda running,” Ms. Jwan recalled. During such periods, Asuda staff worked voluntarily, maintaining basic services and keeping their office doors always open in case a woman needed them. While this level of dedication is admirable, it is ultimately unsustainable without long-term, and stable government support.

Defining Success in Women’s Rights Advocacy: Examining how success is defined in promoting women's legal rights; whether by advancing progressive reforms or blocking harmful legislation

Defining success in advancing women’s rights in Iraq and the KRI is not simple and cannot be looked at from a singular perspective. Both systemic change and individual transformation shape it. While the advancement of laws that protect women is a sign of progress, success can be seen more broadly. The impact of women's rights organizations' advocacy is measured not only by legislative achievements but also by the real, lasting changes they bring to the lives of individuals and the communities they serve.

“Every small victory is a success for us,” said Ms. Jwan. In a place where legal challenges and cultural pushback are the norm, helping even one woman by preventing a suicide, or resolving a family issue, or offering protection, is an important success. These quiet victories may not get public attention, but they are what motivates the fight for gender equality.

One sign of progress is the existence of free and accessible services for women in need, whether it's hotlines, legal aid, mental health counselling, or financial help; these services make the women of the community feel safer and cared for.

Another sign is the cultural shift. Especially when it comes to getting support from women's rights organizations and services like shelters. “Now, if someone knows a woman is in a shelter, they feel relief knowing she’s safe, not homeless or at risk of being exploited,” noted Ms. Jwan. This marks a shift in societal attitudes that once associated shelters with shame or disobedience; it’s a sign that slow but meaningful progress is being made. Success is also intergenerational. NGO investments in school programs, youth seminars, and campaigns promoting healthy growing families are helping to shift social norms gradually over time.

While legal and institutional progress is more complex and takes longer to achieve, the NGOs are tirelessly working on changing laws and improving them. Some of the notable changes are happening in the KRI. For instance, crimes that were once overlooked or lightly punished, such as honor killings, are now excluded from general amnesty. This shift didn’t happen on its own; it is the result of years of sustained advocacy and public awareness efforts.

Coordinated events across the country, such as International Women’s Day events and shared advocacy campaigns, show another form of success: a unified sense of purpose. Success in women’s rights advocacy in Iraq isn’t defined solely by creating new laws. It also means changing lives on an individual level to foster a community of equality. It’s the collective impact of every life saved, and every step toward a more peaceful society.

Conclusion and Recommendations

The analysis of the intersection of cultural norms and laws in Iraq and the KRI showed the challenges faced by women in the country and how the contribution of women's rights organizations to the advancement of women's legal rights has made great strides toward a more equal and peaceful society. While there is more work to be done, as the situation for women is not nearly satisfactory in the country, local NGOs show promising potential and continuous effort to create a better society for the upcoming generation while tending to immediate cases of danger. The following are some recommendations for decision makers to aid the NGOs in securing positive outcomes for such ambitions:

• There needs to be solid protection of the current more progressive laws in the KRI and a shutdown of attempts to apply Iraqi federal laws in the KRI. At the same time, more efforts are needed to add progressive measures to the Iraqi federal laws to protect women, especially opening government-run shelters in the necessary places.

• One of the more complex issues discussed earlier that needs careful attention is the lack of unified laws, especially with the PSL. Still, it is necessary to approach it with careful consideration and engage in discussions with decision makers and religious leaders to create a unified civil legal system that treats everyone equally wherever they are in the country.

• To make sure women’s rights laws are truly effective, there needs to be a strong system of implementation and monitoring. This means creating entities to monitor how these laws are applied and to investigate any violations, or when the laws are not enforced properly, if at all. Ensuring proper implementation and putting systems in place to track progress is another step to creating a strong and reliable legal system.²³

• It is important to raise awareness on a national scale, which is why implementing important, yet stigmatized topics into public sectors is essential. This includes adding gender equality and mental health education into school curricula to build awareness from an early age. At the same time, making mental health services a normal part of primary healthcare is key to reducing the stigma around the topic and ensuring anyone who needs it has easy access to it.

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