Iraq set to change its marriage law to allow men to marry 9-year-old girls have been met with significant international concern and outrage. This potential change, if confirmed, would be seen as a regression in the protection of children’s rights, violating international norms and conventions regarding child welfare and human rights. Critics and human rights organizations have expressed grave concerns over the implications for women’s rights and child welfare.
What Does the Proposed Amendment Include?
The amendment to Iraq’s 1959 Law 188 seeks to overhaul existing regulations that have long been considered a progressive foundation for personal and family law in the country. Currently, the law sets the minimum age for marriage at 18 for both men and women. It also places restrictions on polygamy and allows Muslim men to marry non-Muslim women without stringent conditions.
Under the proposed changes, girls as young as 9 and boys as young as 15 would be legally eligible for marriage. This shift would mark a significant departure from current protections and bring religious bodies, specifically the Shiite and Sunni endowments, into greater control over marriage contracts, replacing court oversight. Proponents argue that these measures are necessary to align legal practices more closely with religious teachings.
Why Is Iraq Considering This Change Now?
The proposed amendment reflects deeper political and social currents in Iraq. The amendment also stipulates that marriage contracts should align with either Sunni or Shia jurisprudence, defaulting to the husband’s doctrine in case of disputes. This shift would empower religious offices to oversee marriages rather than the courts, reinforcing sectarian influence. Proponents argue that the law will protect young girls from “immoral relationships,” while critics highlight that it threatens to increase child abuse, curb educational opportunities for girls, and further erode women’s rights in Iraq.
Critics’ Concerns and Outlook
Human rights organizations and local activists warn that passing this law would erode protections for girls and risk normalizing child abuse under the guise of religious adherence. It could also disrupt educational opportunities for young girls, deepen sectarian divides, and set a dangerous precedent for other countries in the region.
The implications of this amendment are severe, especially for young girls and women. If passed, the amendment would not only reduce the marriageable age but also strip away essential rights such as the ability to seek divorce, maintain custody of children, and secure inheritance. The bill includes a clause stating that in marital disputes, the husband’s religious doctrine will take precedence unless evidence proves otherwise. This reinforces male dominance in personal status matters and undermines women’s legal standing.
Opponents stress that this amendment contradicts global efforts to safeguard children’s rights and fight against gender-based violence. Women’s rights advocate Raya Faiq and 25 other female parliamentarians are working to block the bill, facing an uphill battle given the dominance of conservative forces in Iraq’s parliament.
A Step Backward for Women’s Rights
Critics argue that passing this law would set a dangerous precedent, reversing decades of progress on gender equality and children’s rights. It would place Iraq among the countries with the lowest minimum marriage age in the world, alongside nations like Yemen, where some customary laws allow girls as young as 9 to be married. While child marriage has long been banned in Iraq, a 2023 UN survey found that around 28% of girls in Iraq were married before the age of 18, indicating that the practice persists despite legislative prohibitions.
Women’s rights organizations, such as Coalition 188, have mobilized protests, condemning the move as a step toward “legalizing child rape.” The amendment risks deepening gender inequality and stoking sectarian tensions while jeopardizing decades of progress in safeguarding women’s rights.
Activists and international observers are closely monitoring these developments, stressing that the move would greatly endanger young girls’ safety and diminish women’s autonomy in Iraq.
Iraq at Crossroads of legal and social change
As Iraq stands at the crossroads of legal and social change, the world watches with apprehension. The proposed amendment to lower the marriage age and shift authority from civil courts to religious institutions is not just a legislative change—it is a fundamental redefinition of women’s rights and childhood protection. Whether these efforts succeed or fail will have lasting repercussions on the country’s social fabric and its adherence to international human rights standards.
How will this change impact Iraq’s standing in the international community concerning human rights?
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