A proposal to lower the legal age of marriage for girls in Iraq to 9 years to protect them from immoral relationships
UNICEF reports that 28 percent of girls in Iraq are married before reaching the age of 18, underscoring the severity of the problem.
Iraq is facing widespread concern and criticism over a proposed bill that could lower the minimum age of marriage for girls to 9 and boys to 15. The controversial law introduced by Iraq's Ministry of Justice has raised concerns among human rights advocates and critics. This is a major blow for women's rights in a society already mired in patriarchal norms. The bill would allow citizens to choose between a religious authority or a civil judiciary to decide family matters
Proposed Laws and Amendments
The bill seeks to amend Iraq's personal status law, which currently sets the minimum age of marriage at 18. If the law is passed, Shiite and Sunni donors must provide a 'code of legal regulations' to the Iraqi parliament within six months. The decision will shift the authority to solemnize marriages from the courts to the offices of the Shia and Sunni religions.
The Shia code, according to the draft, would be based on “Jafari jurisprudence”, derived from the teachings of the sixth Shia imam, Jafar al-Sadiq. According to the Jafari Act, nine-year-old girls and fifteen-year-old boys are allowed to marry.
Implications and Criticism
Critics fear the proposed bill could lead to an increase in child marriage and exploitation, jeopardizing decades of progress on women's rights and gender equality. The option for citizens to choose between religious authorities or the civil judiciary for family-related decisions has raised concerns about the potential erosion of rights regarding inheritance, divorce, and child custody. The decision has sparked debate over the implications of such a drastic change in marriage laws and the impact on vulnerable populations, particularly young girls.
Supporters of the bill say it is in line with Islamic law and protects young girls from “immoral relationships”. However, opponents say this justification ignores the harsh reality of child marriage.
Independent MP Raed al-Maliki, who introduced the bill, has a history of proposing controversial reforms, including an anti-prostitution law that criminalizes homosexuality and sex-reassignment surgeries. Earlier versions of the draft bill included provisions prohibiting Muslim men from marrying non-Muslim women, legalizing marital rape, and prohibiting women from leaving the home without their husband's permission.
UNICEF reports that 28 percent of girls in Iraq are married before reaching the age of 18, underscoring the severity of the problem. Sarah Sanbar, a researcher at Human Rights Watch, criticized the bill as a regressive step, saying, “Passing this law will see the country go backwards, not forwards.”
