Iraq’s Controversial Bill Could Legalize 9-Year-Old Marriages and Undermine Women’s Rights

A proposed draft law in Iraq is sparking intense controversy and widespread protests due to its potential to legalize child marriage, including for girls as young as nine. The bill, which recently passed its first reading in the Iraqi parliament, could significantly alter family law by giving religious authorities control over marriage, divorce, and child custody, potentially reversing decades of progress in women’s rights.

Draft Law Sparks Fears of Legalizing 9-Year-Old Marriages

The contentious bill, backed by conservative Shiite Muslim deputies, seeks to replace the current civil family laws with religious regulations from Shiite and Sunni traditions. This proposed change threatens to undermine the 1959 Personal Status Law, which mandates a minimum marriage age of 18 and places family law under the jurisdiction of the state judiciary. Critics argue that by shifting authority to religious institutions, the bill could enable the enforcement of rules allowing marriages for girls as young as nine years old. This potential reversal has alarmed human rights activists, who warn that the bill could legalize child marriage and represent a significant setback for women’s rights in Iraq.

Activists Condemn Potential for Child Marriage

Human rights advocates are expressing grave concerns about the bill’s implications. They fear it could pave the way for marriages involving very young girls, potentially as young as nine, in line with some traditional interpretations of Islamic law. The prospect of legalizing such practices has prompted widespread condemnation from activists. Raya Faiq, a prominent activist and coordinator for a coalition opposing the bill, has voiced strong objections. “This law could allow marriages involving very young girls and would be a catastrophe for women and girls,” Faiq said. Her concerns reflect broader fears that the bill could effectively legalize child rape and undo years of progress in women’s rights protections.

Protests Erupt Across Iraq

The proposed legislation has sparked significant protests in Baghdad and other Iraqi cities. Demonstrators have expressed their opposition to what they view as a regressive move that could jeopardize the rights and futures of young girls. Supporters of the bill, however, have staged counter-demonstrations, accusing opponents of moral decadence and alignment with Western agendas. This clash highlights the deep ideological divide within Iraqi society over issues of gender equality and religious authority. The bill has gained backing from influential Shiite political factions, raising concerns about its potential progression through parliament. Despite vocal opposition from women’s rights groups and some lawmakers, the support of powerful political blocs suggests that the bill may face fewer obstacles than previous attempts to reform family law.

Historical and Religious Context

The debate over the bill is deeply rooted in Iraq’s historical and religious context. Proponents argue that the bill aligns with traditional Islamic practices, which historically allowed marriages at a young age. They view the bill as a return to religious values integral to Iraq’s cultural and religious heritage. Critics, however, contend that such practices are incompatible with contemporary human rights standards. They argue that child marriages violate fundamental rights and deprive girls of essential education and protection. The current legal age of 18, established by the 1959 Personal Status Law, is seen as a crucial safeguard against these violations and a symbol of progress in gender equality.

International and Domestic Reactions

International organizations, including Human Rights Watch and Amnesty International, have expressed strong opposition to the bill. Both organizations warn that the bill could severely undermine the principle of equality under Iraqi law and jeopardize the well-being of countless girls. Sarah Sanbar, a researcher with Human Rights Watch, emphasized the gravity of the situation: “Passing this law would be a major setback, showing a country moving backward rather than forward.” Similarly, Amnesty International has condemned the bill for its potential to strip women and girls of essential rights and protections.

Constitutional and Legal Implications

The bill’s impact extends beyond individual rights, affecting broader constitutional and legal principles. Constitutional expert Zaid al-Ali has criticized the bill as a mechanism to increase male control over family issues, reinforcing traditional power dynamics and allowing men to retain control over wealth, children, and family decisions. Proponents argue that the bill offers individuals a choice between civil and religious laws, allowing them to select the framework that aligns with their personal beliefs. Critics, however, view this choice as a way to bypass the protections established by the 1959 law and reintroduce potentially discriminatory religious rules.

Future Prospects and Ongoing Debate

As the bill continues to progress through the legislative process, its future remains uncertain. Activists and lawmakers opposing the bill are determined to fight against what they see as a threat to women’s rights and legal standards established by the 1959 law. The debate over the bill reflects broader tensions in Iraqi society regarding gender equality, religious authority, and human rights. While the bill has garnered support from some influential political factions, significant opposition remains. The outcome of this legislative battle will have far-reaching implications for Iraq’s approach to family law and women’s rights.