Iraq’s parliament advanced a contentious bill that threatens to alter the nation’s Personal Status Law. This proposed amendment could pave the way for child marriages, allowing girls as young as nine and boys as young as 15 to legally wed.
The proposed amendment to Iraq’s Personal Status Law seeks to overhaul existing protections that govern marriage, divorce, child custody, and inheritance for Muslims. If enacted, this change could undermine the principle of legal equality and significantly alter the country’s approach to personal status matters by allowing couples to choose between civil and sect-specific Islamic legal provisions.
Proponents of the amendment argue that it offers greater flexibility and respects cultural and religious practices. However, critics contend that it threatens to erode hard-won legal protections and exacerbate sectarian divisions. By permitting different sects to apply their own laws, the amendment could lead to unequal treatment and institutionalize sectarianism.
The draft amendment, which has progressed to the second reading stage in parliament, would effectively enable sect-specific legal regimes. It also proposes legalizing unregistered marriages and giving religious leaders the authority to finalize such unions, circumventing the current legal system. This shift could institutionalize child marriages, already a concern due to unregistered unions, and undermine the 1959 Personal Status Law, which currently sets 18 as the minimum marriage age.
The proposed changes have sparked significant opposition from Iraqi women’s rights activists, who argue that it would dismantle crucial legal protections and further marginalize women and girls. A recent survey conducted by the Iraq Polling Team reveals strong public disapproval, with 73.2% of respondents opposing the amendment and 81.6% favoring a civil Personal Status Law over a sectarian one.
The amendment has also been criticized for its lack of transparency and public consultation. The draft law grants religious institutions six months to develop a “code of Sharia rulings” for personal status matters, which will then be submitted to parliament without public review.
The advancement of this bill underscores the ongoing struggle between traditional practices and modern human rights standards in Iraq. As parliament continues to debate the proposed amendment, the outcome will significantly impact the legal status of women and girls and could reveal much about the state of democracy and human rights in Iraq. The resistance from Iraqi women and civil society highlights their critical role in advocating for legal reforms and protecting their rights amidst a changing political landscape.