In Iraq, parliament on January 21 approved changes to the country's personal status law that critics say effectively allow child marriage, allowing girls as young as 9 to marry.
Points of attention
- Iraq's parliament passed amendments to the personal status law, effectively legalizing child marriage and allowing girls as young as 9 to marry, in a move that has sparked controversy and outrage.
- The amendments expand the powers of Islamic courts in family matters and could lead to violations of children's rights, complicating family matters for women and threatening the progress made in protecting women's rights under the 1959 law.
- Critics argue that the changes seek to harmonize legislation with Islamic principles but undermine women's rights, setting a dangerous precedent that could deprive women of their rights to divorce, child custody, and inheritance.
- Supporters of the amendments claim they aim to reduce Western influence and protect young girls from 'immoral relationships,' illustrating a clash between conservative Shiite deputies and human rights activists.
- The new law has sparked chaos in parliament, with controversies over the legislative process and the combining of multiple bills into one package for voting, raising concerns about the legal validity and potential challenges in the federal court.
Iraq has effectively legalized “child marriage”
The amendments expand the powers of Islamic courts in family matters, including marriage, divorce and inheritance. The decision has raised concerns among human rights activists who say the changes undermine the principles of the 1959 law, which protected women's rights and established a uniform family law framework.
Currently, Iraqi law in most cases sets the minimum age for marriage at 18. However, new amendments allow clerics to interpret Islamic law at their own discretion.
In some cases, this may lead to the permission of marriages for girls in early adolescence, even from the age of 9, according to the Ja'afari school, which is followed by a significant portion of Shiite religious authorities in Iraq.
Supporters of the changes, mostly conservative Shiite deputies, argue that they want to harmonize legislation with Islamic principles and reduce Western influence on the country's cultural life.
During the same session, the parliament passed a general amnesty law that commutes the sentences of Sunni prisoners and even releases those involved in corruption. In addition, a land restitution law was passed, which addresses Kurdish territorial issues.
Human rights activist Intisar al-Mayali called the amendments a threat to the rights of girls and women. She emphasized that early marriage violates a child's right to childhood and also complicates issues of divorce, custody, and inheritance for women.
The vote was held in a tense atmosphere. According to parliamentarians, the quorum was not met and the vote was accompanied by chaos. Some deputies protested, while others seized the podium. In the end, all three bills — each supported by separate factions — were combined into one package for voting, which caused additional controversy.
"As for the civil status law, we strongly support it, and there were no problems with that. But it was combined with other laws that were voted on together... and that could lead to a challenge in the federal court," said independent MP Raed al-Maliki.
Parliament Speaker Mahmoud al-Mashhadani called the adoption of these laws an important step to strengthen justice and regulate the daily lives of citizens.
Iraq plans to lower the "age of consent" for marriage for girls to nine
The proposed legislative change also deprives women of their rights to divorce, child custody, and inheritance.
Iraq's parliament, dominated by a coalition of conservative Shiite Muslim parties, is preparing to vote on an amendment that would repeal the country's "personal status law."
The legislation, also known as Law 188, was heralded as one of the most progressive in the Middle East when it was introduced in 1959, and contains a general set of rules governing the affairs of Iraqi families, regardless of their religious sect.
The ruling coalition says the move is in line with a strict interpretation of Islamic law and is aimed at protecting young girls from "immoral relationships."
The second reading of the amendment to Law 188 was passed on September 16.
