2.3.1. Constitutional and legal framework on religion and minorities

Table of contents

2.3.1. Constitutional and legal framework on religion and minorities

The Iraqi Constitution528 recognises freedom of religion and belief, stipulating that Islam is the official religion in Iraq.529 Moreover, Constitution guarantees freedom of religious belief and practice to all individuals such as Christians, Yazidis, and Mandean Sabeans.530 The Constitution recognises Iraq as a country with a multitude of nationalities, religions and denominations.531 Despite the latter, Baha’i, Zoroastrian, and Kaka’i religions are not recognised.532 While in the KRI Baha’i faith is recognised as a religion,533 the Federal law prohibits the practice of Baha’i religion under Law No. 105 of 1970534, foreseeing sentences up to 10 years of prison for the practitioners.535 Apostasy cases are adjudicated under Sharia law.536 Blasphemy is criminalised under the Penal Code537 and has been used to arrest and intimidate individuals for their religious beliefs.538 In some cases, blasphemy laws can be used against Christians suspected to proselytise among Muslims.539

According to the Iraqi Personal Status Law (IPSL), Muslim men are allowed to marry a non-Muslim woman, while it prohibits Muslim women from marrying non-Muslims.540 In a marriage where one spouse is Muslim, the right to divorce, child custody and inheritance go almost automatically to the Muslim spouse.541 Interfaith marriage is reportedly decreasing due to ethnic and religious polarisation, and sectarian tensions have contributed to rising divorce rates among mixed-sect couples.542

Despite the absence of any provision regarding conversion in the Iraqi Penal Code,543 the Personal Status Law prohibits conversion from Islam to other religions,544 while allowing conversion to Islam.545 Children with one Muslim parent are automatically registered as Muslim.546 The National Card Law stipulates that if a person converts to Islam, all their children are considered Muslim, including those from earlier marriages547 (See section 2.7 on Children). By law, converts to Christianity are considered as Muslims.548 Sunni-Shia marriages are permissible under Iraqi law.549

  • 528

    Article 2 (1) reads: ‘Islam is the official religion of the State and is a foundation source of legislation: A. No law

  • 529

    Iraq, Constitution of the Republic of Iraq, 15 October 2005, url, Art. 2 (1); Sabah Al-Kuraiti, F. A., et al., Civil and Political Rights of Minorities in Iraq After 2003. Interdisciplinary Studies in Society, Law, and Politics, 1 January 2025, url, p. 26

  • 530

    Article 2 (2) reads: ‘This Constitution guarantees the Islamic identity of the majority of the Iraqi people and

  • 531

    Article 3 reads: ‘Iraq is a country of multiple nationalities, religions, and sects (…)’, Iraq, Constitution of the

  • 532

    USDOS, Report on International Religious Freedom: Iraq, 30 June 2024, url, p. 3

  • 533

    Open Doors, World Watch List 2025, Iraq, 2025, url, 15 January 2025, p. 8

  • 534

    Faridoon D., Untold Stories: The Bahá’í Faith in Iraq in: EISMENA, 2 June 2025 url; Jummar Media, The Baha’is in Iraq: From closures of places of worship to negotiations over the constitution, 31 July 2023, url

  • 535

    Jummar Media, The Baha’is in Iraq: From closures of places of worship to negotiations over the constitution, 31 July 2023, url

  • 536

    USCIRF, Compendium, url, p. 10; Iraq, Personal Status Law and its amendments, Law № (188) of the year 1959, url

  • 537

    USCIRF, Violating rights, Enforcing the world’s blasphemy laws, 2020, url, p. 65; ECJL, Christians in Iraq: From 1.5 million in 2003 to 150,000 today, 3 September 2024, url

  • 538

    ECJL, Christians in Iraq: From 1.5 million in 2003 to 150,000 today, 3 September 2024, url

  • 539

    Open Doors, Iraq: Persecution Dynamics, December 2024, url, p. 8

  • 540

    Iraq, Personal Status Law and its amendments, Law № (188) of the year 1959, url, art. 17; Open Doors, World Watch List 2025, Iraq, 2025, url

  • 541

    Open Doors, Iraq: Persecution Dynamics, December 2024, url, p. 23

  • 542

    Jad, I. et al., The State of Marriage in the Arab Mashreq: Jordan, Syria, Iraq, Palestine, and Lebanon, 30

  • 543

    Iraq, Penal Code, No. 111 of 1969, July 1969, url; Open Doors, World Watch List 2025, Iraq, 2025, url

  • 544

    Open Doors, Iraq: Persecution Dynamics, December 2024, url, pp. 23, 34

  • 545

    USDOS, 2023 Report on International Religious Freedom: Iraq, 30 June 2024, url, p. 9; Iraq,

  • 546

    Iraq, National Card Law, No. (3) of 2016, url, art. 26 (2); Open Doors, Iraq: Persecution Dynamics, December

  • 547

    Open Doors, Iraq: Persecution Dynamics, December 2024, url, pp. 23-24

  • 548

    Iraq, National Card Law No. (3) of 2016, url, art. 26 (1)

  • 549

    Sanbar S., email communication to EUAA, 16 March 2024