Women in Iraq condemn 'sectarian' draft bill that could legitimise child marriage (2024)

Women and children's rights campaigners in Iraq have pushed back at proposals that could enshrine sectarianism in family relationships, hand more power in family matters to clerics and open the door for marriage to be legalised for children as young as nine years old.

The amendments to Law No. 188, the Personal Status Law of 1959 have been heavily promoted by the Coordination Framework, a coalition of conservative Shia Islamist parties that form the largest bloc in parliament.

The first reading took place on Sunday, following a failed attempt on 24 July that was shelved after some parties objected.

It is only the latest attempt to bring forward amendments to the law, with previous ones being shelved after political outcry.

According to the draft bill, when concluding a marriage contract, a Muslim couple are required to choose either the Sunni or Shia sect.

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They can then choose that sect to represent them in "all matters of personal status" rather than the civil judiciary.

"When a dispute occurs between the spouses regarding the doctrine according to whose provisions the marriage contract was concluded, the contract is deemed to have been concluded in accordance with the husband’s doctrine unless evidence exists to the contrary," reads the draft, which was circulated by a number of Iraqi politicians on social media.

It would also allow figures from "the offices of the Shiite and Sunni endowments" to finalise marriages rather than the courts.

The draft requires Shia and Sunni endowments to submit a "code of legal rulings" to the parliament six months after ratifying the amendments, stipulating the Shia code would be based on "Jaafari jurisprudence".

Although the question of child marriage is not directly addressed in the amendments, previous versions of the bill have been more explicit and legal experts have warned that it could be allowed based on Jaafari jurisprudence.

Many Iraqi marriages are unregistered and conducted by religious figures, making them illegal under the current Iraqi Personal Status Law.

The proposed amendments could see those marriages - 22 percent of which, according to the UN, involve girls under 14 - legitimised by the state.

Women in Iraq condemn 'sectarian' draft bill that could legitimise child marriage (1)

Women in Iraq condemn 'sectarian' draft bill that could legitimise child marriage (2)

Women in Iraq condemn 'sectarian' draft bill that could legitimise child marriage (3)

Women in Iraq condemn 'sectarian' draft bill that could legitimise child marriage (4)However, last week the Coordination Framework insisted the amendments would come before the parliament, saying they were constitutional and did "not contradict the constants of Sharia and the foundations of democracy".

Ra’adal-Maliki, the MP who proposed the bill, has also hit back at claims the bill would lower the age minimum for marriage, calling them "lies fabricated by some out of hatred for applying the provisions of God’s law to those who want them".

'No to the marriage of minors'

Women's rights organisations have publicly demonstrated against the bill.

On 28 July, a group of activists - including campaigners from the Organization of Women's Freedom in Iraq (OWFI) - gathered in Baghdad's Tahrir Square in opposition to the bill.

They held placards reading "the era of female slaves is over" and "No to the marriage of minors".

Yanar Mohammed, president of OWFI, told Middle East Eye that the Coordination Framework were trying to push the "archaic" laws as a means of distracting from their own failings, including "huge corruption".

"Their most efficient tool for this distraction is to terrorise Iraqi women and civil society with a legislation that strips away all the rights that Iraqi women gained in modern times, and force archaic Islamic sharia on them that regards women as bodies for pleasure and breeding, and not as human being[s] with human rights," she said.

She added that OWFI and others were building a "coalition" to try and prevent the bill from passing through the parliament and defend the current law.

A number of Iraqi female lawmakers, including members from different factions, have meanwhile formed a coalition in opposition to the amendments of the Personal Status Law.

"The group wants to make it clear to everyone that the rejection is not based on emotions or external motives, but on legal, religious, professional, and social considerations and people who are concerned about protecting the order of the Iraqi family," Iraqi MP Noor Nafea al-Julihawi was quoted as saying by the Kurdistan24 news site.

'Profoundly negative impact'

The 1959 law was passed under the government of Abdul-Karim Qasim, a leftist nationalist who brought in a number of progressive reforms, including increased rights for women.

'[The proposed changes] would further entrench gender inequality and put vulnerable individuals at greater risk'

-Tamara Amir, CEO, Iraqi Women's Rights Platform

Since the 2003 US-led invasion of Iraq, however, rightwing political parties in the country have attempted to roll back these rights.

Previous versions of the bill have included rules preventing Muslim men from marrying non-Muslims, the legalisation of marital rape, and banning women from leaving the house without their husband's permission.

The latest version is considerably less explicit, but campaigners fear its passage will allow religious authorities to introduce the rules through their establishment of the Personal Status code.

"These proposed changes to the Personal Status law would have a profoundly negative impact on the rights and wellbeing of women and children in Iraq," saidTamara Amir, CEO of the Iraqi Women's Rights Platform.

She told MEE that unlike previous attempts at passing the reforms, she believed that the current government - led by Coordination Framework member Mohammed Shia al-Sudani - would manage to get it passed, despite Iraqi society being "divided" on the issue.

"They would further entrench gender inequality and put vulnerable individuals at greater risk," she said.

"We urge policymakers to reject these proposals and instead focus on strengthening protections for women and children."

Women in Iraq condemn 'sectarian' draft bill that could legitimise child marriage (2024)

FAQs

Is Iraq legalizing child marriage? ›

Iraq's 1959 Personal Status law prohibits marriage for individuals under the age of 18. Exceptions can be made for women as young as 15 if they have permission from both a judge and the parents, according to Marsin Alshamary, a scholar of Middle Eastern politics and an assistant professor at Boston College.

What are the marriage laws in Iraq? ›

Currently, the legal age of marriage is set at 18, but girls as young as 15 can be married with a judge and parental consent. Because some clerics set the age of puberty to nine, there are concerns that this would pave the way for legalizing and expanding child marriage in Iraq, which is already occurring.

Is child marriage unconstitutional? ›

The Constitution protects children as well as adults. If minors are legally incapable of giving informed consent to marry, then parental and judicial consent exceptions allow minors to be married without their consent.

Why is child marriage a problem? ›

Early marriage has devastating consequences for a girl's life. Effectively, child marriage ends her childhood. Girls are forced into adulthood before they are physically and mentally ready. Child brides are frequently deprived of their rights to health, education, safety and participation.

What age can girls get married in Iraq? ›

The Personal Status Law sets the legal age for marriage at 18, or 15 with a judge's permission and depending on the child's “maturity and physical capacity,” which already contravenes international legal standards and best practices.

How are children treated in Iraq? ›

In Iraq, many children are victims of psychological and physical violence. Discipline is very important in Iraqi society and continues to dominate the child- parent relationship.

Can you marry your cousin in Iraq? ›

Among the Kurdish Hamawand tribe the paternal male cousin must give his consent for the marriage to take place, though in the southern Kurdish regions the cousin right is not as strongly emphasized. Among Arabs in Iraq the cousin right has also traditionally prevailed.

What is the secret marriage in Iraq? ›

We've come here because of increasing concerns among Iraqi Shias that some clerics are abusing an ancient marriage practice to exploit women and girls. It's called mut'ah or munqata'a, "pleasure or temporary marriage," and it allows a man to pay for a short-term wife.

What is the gender justice law in Iraq? ›

Article 14 of the 2005 Constitution provides that Iraqis are equal before the law without discrimi- nation based on gender, race, ethnicity, origin, colour, religion, creed, belief or opinion, or economic and social status.

Can 10 year olds get married in California? ›

There is no federal law governing the legal age of marriage in the U.S. Laws vary from state to state, a patchwork of age limits from 15 to 18 that can be circumvented through various loopholes regarding parental consent or a judges's decision. Seven states — including California — have no minimum age at all.

What is the youngest age to get married in the world? ›

In one country (Sudan), boys may be married at 10, in one (Lebanon) they can be married at 13, in 14 (7 percent) they can be married between 14 and 15 years old, and in another 41 countries (21 percent) they may be married at 16 or 17 (see Figure 3). Once again, far more countries allow the early marriage of girls.

How many girls are forced into child marriage? ›

Worldwide, more than 650 million women alive today were married as children. Every year, at least 12 million girls are married before they reach the age of 18. This is 28 girls every minute. One in every five girls is married, or in union, before reaching age 18.

What age is a little girl? ›

At what age is one considered to be a little girl? Typically a child is from ages 4 to 9. Prior to age 4 is the infant to toddler stage, 10–12 is preteen and 13–19 is teenage. So by that then younger than 10 would be considered a little girl.

Should a man be forced to marry a lady he accidentally impregnated? ›

No, he should marry a person he loves. He should definitely take responsibility for the child, at least partially, but he shouldn't have to marry her if she doesn't make him happy. That can be bad for both of them, as well as the child.

Which age is best for marriage for a girl? ›

“The ideal age to get married, with the least likelihood of divorce in the first five years, is 28 to 32,” says Carrie Krawiec, a marriage and family therapist at Birmingham Maple Clinic in Troy, Michigan. “Called the 'Goldilocks theory,' the idea is that people at this age are not too old and not too young.”

Does Iraq have child labor? ›

Children in Iraq are subjected to the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking, and in forced begging.

Is child marriage legal in Iran? ›

Religion: Sharia-based Iranian law states that the legal age for marriage is 13 for girls and 15 for boys, but marriages can still be carried out at a younger age with the consent of fathers and permission from court judges. This has enabled a culture whereby child marriage is considered somewhat socially acceptable.

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