The bill was introduced by the Iraq Justice Ministry, seeks to revise the Personal Status Law to allow girls as young as 9 and boys as young as 15 to marry. This was supported by powerful Shia blocs within the parliament. The amendment proposes that citizens can choose between religious authorities and the civil judiciary for family matters, potentially slashing rights in inheritance, divorce and child custody.
The 1959 Personal Status Law was enacted post-monarchy transferred family law authority from religious figures to the state judiciary. The proposed changes would reintroduce the option to apply religious rules primarily from Shia and Sunni Islam.
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The bill was introduced by MP Raed al-Maliki and supported by Shiite blocs within the parliament. The proposed changes have resurfaced after being withdrawn in late July due to strong opposition.
The main goal is to amend the Personal Status Law, which currently sets the legal marriage age at 18 to allow girls as young as nine and boys as young as 15 to marry.
One of the key features of the bill is giving citizens the choice between religious authorities and the civil judiciary to handle family matters such as marriage, divorce and inheritance.
The bill is seen as a step backward in terms of women’s rights and gender equality. Opponents say that it legitimizes child marriage and erodes many rights women have gained in recent decades.
Some say that lowering the marriage age to nine would increase child marriage and exploitation, negatively affecting young girls’ education, health and well-being.
Early marriage often leads to higher dropout rates as young girls are forced to leave school to take on domestic roles.
Early pregnancies pose health risks for young girls, increasing the likelihood of complications during childbirth and affecting their overall well-being. Child brides are more susceptible to domestic violence.
Human rights organizations including UNICEF and Human Rights Watch have voiced concerns that the bill contradicts international conventions such as the Convention on the Rights of the Child.
Many international and local human rights organizations have condemned the bill, warning that it threatens the progress made in safeguarding women’s rights in Iraq.
According to UNICEF, 28% of women aged 20 to 24 in Iraq were married before the age of 18, and 7% were married before the age of 15.
The proposed bill could exacerbate this issue. Iraqi women’s rights organizations such as the Iraq Women’s Network, have actively campaigned against the bill.
Amal Kabashi from the Iraq Women’s Network highlighted that the amendment provides huge leeway for male dominance over family issues in an already conservative society.
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A coalition of Iraqi female lawmakers has opposed the bill, arguing that it undermines the legal and social gains women have achieved.
Demonstrations have taken place in Baghdad’s Tahrir Square with protesters carrying signs that read, “The era of female slaves is over” and “No to the marriage of minors.”
The proposed bill allows couples to choose between Sunni or Shia religious authorities or civil courts to govern their marital affairs potentially complicating legal proceedings related to inheritance, divorce and child custody.
The bill could undermine the current legal framework by shifting authority from state courts to religious figures, reversing changes made by the 1959 legislation that aimed to separate religious and state judiciary roles.
The draft bill allows Shiite and Sunni endowments to officiate marriages instead of courts potentially marginalizing other religious and sectarian communities in Iraq.
Human rights organizations highlight the negative impacts on girls including increased dropout rates, early pregnancies and heightened risk of domestic violence.
UNICEF reports that 28% of girls in Iraq are already married before the age of 18. Activists have staged protests in Baghdad and plan further protests.
Human Rights Watch (HRW) researcher Sarah Sanbar stated, “Passing this law would show a country moving backward, not forwards.”
Proponents claim the bill aims to standardize Islamic law and protect young girls from immoral relationships. However, opponents counter that this reasoning is flawed and ignores the harsh realities of child marriage.
Raed al-Maliki, the lawmaker who introduced the amendment refuted claims that the new changes would permit the marriage of minors.
In late July, the proposed changes were withdrawn following objections from lawmakers. However the bill resurfaced in an August 4 session gaining support from influential Shia blocs.
Under the new bill, Shiite and Sunni institutions are given six months to submit a set of rules for each sect to parliament for approval.
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