Iraq is on the brink of enacting a highly controversial bill that proposes to significantly lower the minimum marriage age for girls to nine years and for boys to 15 years. This proposed legislation has ignited a fierce debate among human rights advocates, who view it as a major setback for women's rights in a country already grappling with deep-seated patriarchal norms.
Key Points and Concerns The bill, recently introduced in the Iraqi parliament, has several contentious provisions. It suggests that couples must select between Sunni or Shia sects to handle "all matters of personal status." In case of a disagreement about which sect governs the marriage contract, the husband's sect will prevail unless proven otherwise.
Additionally, the bill requires both Shia and Sunni endowments to submit a "code of legal rulings" to Parliament within six months after the bill's ratification. This shift would transfer the authority to sanction marriages from the courts to the Shia and Sunni endowments' offices.
The proposed Shia code would adhere to "Jaafari jurisprudence," which permits marriages for girls as young as nine and boys as young as fifteen.
Independent MP Raed al-Maliki, who introduced the bill, has previously proposed other controversial measures, including amendments to anti-prostitution laws that criminalized homosexuality and sex-reassignment surgeries. Past versions of the bill also included provisions to prohibit Muslim men from marrying non-Muslim women, legalize marital rape, and restrict women's freedom of movement.
Human rights advocates are particularly worried about the potential increase in child marriages. UNICEF reports that 28% of Iraqi girls are married before turning 18, and the new bill could worsen this situation by eliminating the current age restriction. Despite reassurances from some lawmakers that the bill will not lower the marriage age, skepticism remains.
Opposition from Human Rights Groups Human Rights Watch researcher Sarah Sanbar has cautioned that passing the bill would represent a major step backward for Iraq. Amal Kabashi of the Iraq Women’s Network also criticized the amendment, arguing it would give "huge leeway for male dominance over family issues" in an already patriarchal society.
The 1959 Personal Status Law, which transferred family matters from religious authorities to the state and set the marriage age at 18, is considered a milestone in advancing women's rights in Iraq. The new bill, supported by conservative Shiite Muslim deputies, threatens to reverse these protections by reintroducing religious laws, especially for Shiite and Sunni Muslims. It does not address the rights of Iraq's other religious communities.
Public Response and Protests The bill, initially withdrawn in late July due to strong opposition, resurfaced on August 4 with support from influential Shiite blocs in parliament. Rights organizations, including Amnesty International, have strongly opposed the bill. Amnesty International's Razaw Salihy has called for the bill to be "stopped in its tracks," warning that it could potentially legalize marriages for girls as young as nine.
Protests against the bill have already started, with activists planning additional demonstrations in Baghdad. Critics argue that the bill's vague and undefined language could undermine women's and girls' rights, increasing male dominance in family matters.
Supporters' Perspective Supporters, including MP Raed al-Maliki, argue that the objections to the bill stem from a "malicious agenda" intended to deny a large segment of Iraqis the right to have their personal status governed by their beliefs. However, human rights advocates warn that embedding religious freedom in law with unclear language could have harmful consequences, especially for women and girls.
As the bill continues to generate controversy, its future remains uncertain, reflecting deep divisions within Iraqi society over the role of religion and the state in personal and family affairs.
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