Historic defeat of "imposed religion" by Iraqi court, granting permission to convert to Christianity
An Iraqi court has issued a rare ruling allowing a young woman who was forcibly registered as a Muslim for years to change her official religion to Christianity, a decision that could mark the beginning of a wider legal challenge to Iraq’s “imposed religion” laws. The case, supported by international religious freedom groups, has once again drawn attention to the plight of religious minorities and the right to choose one’s religion in countries in the Middle East, where state registration of religion continues to have a direct impact on individuals’ private lives, marriage, inheritance and civil rights.
“Mary” is a young woman from Iraq, who, although born and raised in a Christian family, was registered as a Muslim in official government documents for years, a matter that goes back to the Iraqi National Identity Card Law. According to Article 26, paragraph 2 of this law, which was passed in 2016, if one of the parents converts to Islam, then the minor children are automatically considered Muslims. Mary’s mother had married a Muslim man after separating from her father, which caused Mary to change her religion without her choosing.
After reaching the age of majority, Maryam filed her official request to amend her religious status in January 2025. Now, by accepting this request, the Iraqi court has recognized the right to choose one's religion and register it in government documents; a ruling that many consider one of the most important judicial decisions in Iraq in recent years in the area of religious freedom.
The organization that provided legal support for the case said the ruling sent a clear message: "People should not be forced to live for the rest of their lives with a religious identity that was imposed on them in childhood and without their consent." The organization also emphasized that no government should have the power to permanently determine an individual's religion.
Despite the ruling, the case is not over. The Iraqi government can challenge the court's decision on appeal, but if the ruling is upheld by the Supreme Court, it could set a precedent for thousands of similar cases in Iraq. Maryam's two younger sisters are still legally recognized as Muslims, and lawyers in the case have said that similar steps will be taken to change their religious status once they reach the age of majority.
The case has revived the age-old debate over “state-imposed religion” in Middle Eastern and some Asian countries, where the religion recorded in official documents can affect many aspects of a person’s life, from education and marriage to inheritance, custody and legal proceedings. In Iraq, although religion is not printed on identity cards, it is recorded in a government database, and this plays a decisive role in decisions in civil status courts.
Human rights activists believe that this case could pave the way for a review of laws that conflict with freedom of religion and the right to choose one's religion, rights that are emphasized in both the Iraqi constitution and international human rights documents.
