Shafaq News/Iraq’s parliament is pushing forward a controversial amendment that couldlegalize child marriage, sparking widespread protest. The proposed changes toIraq’s Personal Status Law would allow girls as young as 9 and boys as young as15 to marry, undermining equality before the law and stripping protections forwomen in divorce and inheritance cases, a report from Human Rights Watch affirmedon Thursday.
Despitepublic outrage, some lawmakers continue to back the amendment. According to HumanRights Watch, “This amendment could legalize child marriage for girls as youngas 9 and boys as young as 15,” raising alarm among women’s rights advocates.The current Personal Status Law, adopted in 1959, was once consideredprogressive for the region, balancing civil rights for men and women within theframework of Islamic law. The proposed amendment would overturn this byallowing couples to choose whether their marriage follows civil law or specificIslamic jurisprudence, effectively establishing separate legal regimes based onsectarian lines.
As HumanRights Watch reports, “The amendment would mean that sect, not citizenship,dictates which rights Iraqis are afforded in their personal lives,” a move thatcritics warn would further entrench sectarianism. Article 14 of the Iraqiconstitution guarantees legal equality, but this amendment could erase thatright.
Theconsequences of passing the amendment would be profound. As the report notes,“One girl may be protected from child marriage, while her classmate is forcedinto it. One daughter may inherit land after her parents’ death, while herneighbor is denied this right.” In cases of dispute over which sect’s lawsshould apply, the amendment prioritizes the husband’s sect, which Human RightsWatch highlights as a clear violation of international human rightsobligations.
Currently,marriages conducted by religious leaders without registration are illegal inIraq, but this amendment would legalize them, further institutionalizing childmarriage. Based on the report, unregistered marriages already act as a loopholefor child marriages. In 2023, UNICEF revealed that 28% of Iraqi girls marrybefore turning 18, and the UN Assistance Mission in Iraq (UNAMI) found in 2021that 22% of unregistered marriages involved girls younger than 14.
The proposedchanges could also have severe repercussions for women’s access to essentialservices. Human Rights Watch warns, “Women and girls in unregistered marriagesface challenges obtaining government services, registering births, and evenaccessing healthcare.” Without a civil marriage certificate, they cannot givebirth in hospitals, forcing many to deliver at home without emergency medicalservices, which increases risks for both mother and child.
Amid Iraq'sfragile sectarian tensions, the amendment threatens the country’s stability, thehuman rights organization notes, “Beyond dismantling hard-won protections forwomen’s rights, this amendment could change the social fabric of the country.”Despite these risks, the bill has bypassed public consultation, allowingreligious institutions six months to draft a personal status code based onSharia rulings for parliamentary approval.
Iraqilawmakers defending the bill argue that it grants “freedom of choice” andprotects Iraq from Western secular influences. But the pushback has been led byIraqi women themselves. According to the organization, “It was the tirelessorganizing of Iraqi women that led to the postponement of the second reading ofthe bill initially set for September 3.” However, on September 16, parliamentmoved forward with the second reading, bringing the bill closer to a vote.
Publicopposition to the amendment is overwhelming. A survey by the Iraq Polling Teamin August found that 73.2% of respondents opposed the amendment, and 81.6%favored a civil Personal Status Law. Despite this, political leaders appeardetermined to push the bill through.
Should thebill pass, it would signal a setback for Iraq’s democracy and its commitment tohuman rights. As Human Rights Watch concludes, “If this law passes, it will beIraqi women and girls who pay the heaviest price."
Disclaimer:The views presented by the author do not necessarily reflect the officialstandpoint of Shafaq News Agency.