An alarming proposal has emerged in Iraq’s parliament, putting forth a controversial law that seeks to lower the legal marriage age for girls to 9 and for boys to 15.
Shia Islamist parties are suggesting a modification to the Personal Status Law that would lower the legal age of marriage to 9 for girls and 15 for boys. As it stands, the Personal Status Law specifies that the legal age of marriage is 18 for both girls and boys.
Personal Status Law
Personal Status Law establishes 18 as the minimum age for marriage for both men and women. It also restricts men from taking a second wife. The law allows a Muslim man to marry a non-Muslim woman without any preconditions. It also permits men and women to marry at the age of 15 with the permission of a judge and their legal guardian. Additionally, a woman has the right to challenge her husband if he fails to provide her with a home or take care of her when she is sick.
New draft bill
The proposed new draft bill requires couples in Iraq to select either the Sunni or Shia sect to govern “all matters of personal status.” According to the bill, in case of a disagreement between spouses over the application of their marriage contract, the default doctrine will be that of the husband, unless evidence suggests otherwise. Furthermore, the bill mandates Shia and Sunni endowments to present a “code of legal rulings” to Iraq’s Parliament within six months of the amendments becoming official. If passed, this change would shift the responsibility for sanctifying marriages from the courts to “the offices of the Shiite and Sunni endowments.”
As per the draft, the Shia code would be based on “Jaafari jurisprudence,” which is rooted in the teachings of the sixth Shiite Imam, Ja’afar Al Sadiq. Notably, Jaafari law allows for the marriage of girls as young as 9 and boys as young as 15.
In late July, parliament withdrew the proposed changes when many lawmakers objected. They resurfaced in an August 4 session after receiving the support of powerful Shia blocs that dominate the chamber.
Opposition
Many critics are expressing concerns over the potential impact of this change, fearing that it could lead to a reduction in women’s rights in critical areas such as inheritance, divorce, and child custody. The decision to lower the marriage age has also sparked fears of an uptick in child marriages and the exploitation of young girls.
Human rights organizations and advocates are strongly opposed to the bill. They caution that it could gravely impact the education, health, and general welfare of young girls. They emphasize that early marriage frequently results in girls discontinuing their education, experiencing early pregnancies, and being subjected to a heightened risk of domestic abuse. According to UNICEF, 28 percent of girls in Iraq are married before reaching the age of 18.
According to researchers, if the bill is passed, it would mark a substantial regression for the country, posing a significant setback to its progress.
Supporters of this bill claim that it aims to bring more consistency to Islamic law and to safeguard young girls from engaging in “inappropriate relationships.”
The independent MP Raed al-Maliki has a reputation for putting forward contentious amendments. Previously, he proposed changes to the anti-prostitution law that resulted in the criminalization of homosexuality and sex-reassignment surgeries. Among the provisions in earlier versions of the draft bill were measures to prevent Muslim men from marrying non-Muslim women, legalize marital rape, and impose restrictions on women’s freedom to leave their homes without their husband’s consent.
