Harith Al-Dabbagh, « The Rights of Religious Minorities in Iraq: The Case of the Forced Conversion of Minors », Arab Law Quarterly, vol. 38-3, 2024, p. 235-260.
Résumé en anglais
Religion raises many legal questions in confessional systems where a minor child is usually assigned the parents’ religion ex officio. In Iraq, as in many Middle Eastern countries, the conversion to Islam of one of the parents entail the conversion of their minor children. For decades, the Iraqi Court of Cassation has granted children the right to choose their religion upon reaching majority. From the early 21st century, the case law of the Highest civil court in Iraq has evolved towards denying children this right of option (iḫtiyār). The child is therefore deprived of his/her right to « opt out » and must remain Muslim. In this article, the author criticizes this reversal of jurisprudence and deplores its dire consequences on minorities rights and social peace. After analyzing the teachings of Islamic law and the texts of positive Iraqi law, he concludes that the new trend of the Court of Cassation is ill-founded and flawed.