Iraq’s Personal Status Law No. 188, often hailed as the most progressive family law in the Middle East, is under threat from conservative politicians seeking to redefine it along religious lines. This move has ignited a fierce debate about women rights and the role of religion in Iraqi society. The proposed changes could potentially legalize child marriages and significantly reduce women’s rights in matters of marriage, divorce, and child custody. As the bill gains traction in parliament, it has sparked nationwide protests and raised concerns about the future of civil liberties in Iraq.
The Proposed Changes and Their Implications
The draft bill, introduced by politicians affiliated with conservative Shiite Muslim parties, aims to amend Law No. 188 by allowing couples to choose whether their marriage will be adjudicated by civil or religious courts. While proponents argue this change would align the law with existing practices, critics warn it could open the door to potentially harmful interpretations of Islamic law.
Under the current law, the legal age for marriage is 18. However, if religious rules were to be applied, activists argue that children as young as nine could be wed. This is particularly concerning given that Iraq already struggles with underage marriages, with the UN reporting that about a third of Iraqi females are married before 18.
Beyond the issue of child marriage, the proposed changes could significantly roll back women’s rights. For instance, the bill would give husbands more power by allowing them to choose which set of religious rules the couple follows. Critics argue that this could lead to the legalization of practices such as marital rape and further restrict women’s freedoms.
Women Rights Under Threat
The potential rollback of women’s rights has become a focal point of the protests against the bill. Activists argue that the proposed changes would undo decades of progress in gender equality and civil liberties. The choice between civil and religious legal systems could create a two-tiered society, where women’s rights vary dramatically depending on their husband’s choices or their religious affiliation.
Moreover, the bill could exacerbate existing societal and sectarian tensions in Iraq. While the current law applies equally to all Iraqis, separate legal systems based on religious affiliations could further divide the country along sectarian lines. This has raised concerns about the potential degradation of Iraq’s judiciary and the unity of its legal system.
Political Context and Chances of Success
This is not the first attempt to change Iraq’s Personal Status Law. Similar efforts in 2003, 2005, 2014, and 2017 failed to gain sufficient support. However, experts suggest that the current bill has a higher chance of success due to an apparent political deal between opposing parliamentary factions.
Sunni politicians, who previously opposed changing the law, are now seeking to pass their own “amnesty bill” that would forgive former members of the extremist “Islamic State” group. In what appears to be a quid pro quo arrangement, Shiite and Sunni politicians have reportedly agreed to support each other’s bills to ensure both pass.
The push for these changes comes amid a series of events that some interpret as Iraq moving away from Western influence. These include the planned withdrawal of the United Nations Assistance Mission for Iraq (UNAMI) and the agreement to pull out US troops. However, experts argue that these moves are more about Iraq reasserting its sovereignty than rejecting Western values.
Some analysts suggest that conservative religious politicians are using these bills to regain ideological legitimacy with their constituencies. Faced with a crisis of legitimacy due to failures in service delivery, these parties are turning to religious issues to shore up support.
The proposed changes to Iraq’s Personal Status Law represent a significant threat to women rights and could potentially legalize child marriages. The bill has sparked widespread protests and raised concerns about the future of civil liberties in Iraq. As the country grapples with this contentious issue, the outcome will have far-reaching implications for Iraqi society, potentially exacerbating sectarian divisions and rolling back decades of progress in gender equality.
The push to amend Law No. 188 reflects broader tensions in Iraqi society between conservative religious forces and those advocating for a more secular, rights-based legal system. As the bill moves through parliament, its fate will be a crucial indicator of Iraq’s future direction. Will the country continue to uphold its reputation for having one of the most progressive family laws in the Middle East, or will it take a step backwards in terms of women’s and children’s rights? The answer to this question will have profound implications not just for Iraq, but for the wider region’s stance on civil liberties and gender equality.
