Restricting Polygamy within an Islamic Constitutional Context: The Kurdistan Region and Human Rights Compliance

Although it is perceived as a relatively recent legal concern, the practice of polygamy is deeply embedded in human history. While its global prevalence has diminished, the practice continues to hold significant legal and cultural weight across much of the Islamic world. The Iraqi Constitution enshrines both Islam and human rights as foundational principles, an arrangement that causes constitutional tension, as Islam permits polygamy whereas modern human rights frameworks contest it. In contrast to the 1959 Iraqi Federal Personal Status Law, which allows polygamy with minimal conditions, the Kurdistan Region introduced notable restrictions through a 2008 amendment to the federal law. This article examines the Region’s legislative approach within the framework of Iraqi constitutional principles, arguing that the amendment reflects a rights-based reinterpretation of Islamic constitutional authority. In this reinterpretation, polygamy is no longer treated as a normative male entitlement but rather as an exceptional marital arrangement. While this approach may remain unpersuasive to many human rights advocates, it nonetheless constitutes an effort to reconcile Islamic legal traditions with evolving international human rights standards.