‘Iraq Laws Raise Concerns About Child Marriage’
Iraq’s parliament has enacted amendments to the country’s personal status law, a decision that has ignited widespread criticism among activists and human rights organizations. The amendments increase the authority of Islamic courts over family matters such as marriage, divorce, and inheritance. Critics argue this undermines Iraq’s 1959 Personal Status Law, which unified family regulations and provided essential safeguards for women.
Currently, Iraqi law sets the minimum age for marriage at 18, with certain exceptions. However, the new changes permit clerics to make rulings based on their interpretation of Islamic law. Some interpretations allow girls as young as nine to marry under the Jaafari school of Islamic law, a doctrine followed by many Shia religious authorities in Iraq. Activists argue these amendments could lead to the effective legalization of child marriage, compromising the rights and welfare of young girls.
Proponents, predominantly conservative Shia lawmakers, assert the amendments align the law more closely with Islamic principles and reduce Western cultural influences on Iraqi society. They claim the changes aim to preserve the country’s religious and cultural identity.
Intisar al-Mayali, a member of the Iraqi Women’s League and a human rights activist, described the amendments as “disastrous” for women’s rights. She emphasized that early marriages violate children’s rights and erode legal protections related to divorce, custody, and inheritance.
In a controversial parliamentary session, the amendments were voted on alongside two unrelated laws: a general amnesty law and a land restitution law addressing Kurdish territorial claims. This bundling tactic has drawn criticism for procedural irregularities. Some legislators have called for a legal appeal, claiming that the quorum for the session was not met.
Parliamentary speaker Mahmoud al-Mashhadani defended the passage of the amendments, calling it a significant step toward justice and better organization of citizens’ daily lives. Nevertheless, activists warn of the long-term consequences for women and children, urging a reassessment of the legislation.
The amendments have sparked heated debates within Iraq and among international human rights advocates. The move is likely to remain a contentious issue, as it raises broader questions about balancing cultural traditions with modern human rights principles.