A bill proposed in Iraq’s parliament has sparked widespread outrage and concern as it proposes to lower the legal age of marriage for girls to just 9 years. The controversial bill, introduced by Iraq’s Justice Ministry, aims to amend the country’s Personal Status Law, which currently sets the minimum age for marriage at 18 years.
The bill would allow citizens to choose between religious authorities or the civil judiciary to decide family matters. Critics fear it would curtail rights in cases of inheritance, divorce and child custody.
If passed, the bill would allow girls as young as 9 and boys as young as 15 to marry, which is likely to lead to a rise in child marriage and abuse. Critics argue that this regressive move would undermine decades of progress in promoting women’s rights and gender equality.
Human rights organisations, women’s groups and civil society activists have strongly opposed the bill and warned of grave consequences for the education, health and well-being of young girls. They argue that child marriage leads to higher school dropout rates, early pregnancy and an increased risk of domestic violence.
According to the United Nations children’s agency UNICEF, 28 percent of girls in Iraq are married before the age of 18.
“The passage of this law would show that the country is going backwards, not forward,” said Sarah Sanbar, a researcher at Human Rights Watch (HRW).
Amal Kabashi, of the Iraq Women’s Network, also strongly opposed it, saying the amendment “gives a major leeway to male dominance over family issues” in an already conservative society.
In late July, parliament withdrew the proposed changes after several lawmakers objected. They resurfaced in an August 4 session after gaining support from powerful Shiite factions that dominate the house.
The proposed changes would mark a shift from the 1959 law. This law, enacted after the fall of the Iraqi monarchy, transferred the authority over family law from religious figures to the state judiciary. The new bill would reintroduce the option to apply religious rules from mainly Shia and Sunni Islam, but does not mention other religious or sectarian communities within Iraq’s diverse population.
Supporters of the bill claim it aims to standardize Islamic law and protect young girls from “immoral relationships.” However, opponents say this argument is flawed and ignores the harsh realities of child marriage.
HRW’s Sanbar said that by giving religious authorities the power to solemnize marriages, the amendment “would undermine the principle of equality under Iraqi law.”
This would “legalise the marriage of girls as young as nine, depriving countless girls of their future and well-being.”
He said, “Girls should be in playgrounds and schools, not in wedding dresses.”
It is still unclear whether this attempt to change the law will be successful, as several attempts before have failed.