Iraq to amend marriage laws, permitting men to marry girls as young as 9.

Photo : AFP

Iraq is moving forward with proposed amendments to its marriage laws, raising concerns among rights activists that the changes will significantly undermine women's rights and promote child marriage. The proposed legal amendments would allow men to marry girls as young as nine, a decision that has ignited widespread condemnation from human rights organizations, who argue that this move would reverse years of progress for women in the country.

The changes are part of a broader overhaul of Iraq’s family law, which would also include provisions that strip women of their rights to divorce, child custody, and inheritance. These amendments are being pushed by the conservative coalition government, primarily led by Shia political parties, as part of a move to align Iraq's laws more closely with a strict interpretation of Islamic Sharia law. The government claims that the amendments aim to protect young girls from “immoral relationships,” but critics argue that the changes are more likely to embolden the already high rates of child marriage in Iraq.

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The amendments are seen as a dramatic shift from the progressive "Law 188," which was introduced in 1959 and was considered one of the most forward-thinking family laws in the region. Law 188 was hailed for offering a secular framework for family matters, applicable to all Iraqis, regardless of their religious sect. The new amendments, however, would allow families to choose either religious authorities or civil courts to handle issues related to marriage and family law, effectively giving religious leaders significant control over family affairs.

The proposed law also gives precedence to the religious interpretation of family matters, and critics argue that it will institutionalize gender inequality. A key part of the proposed changes allows religious leaders to officiate child marriages, a practice that had already been occurring due to a legal loophole that permitted marriages with the consent of a girl's father. This has been blamed for an alarming number of child marriages, which have long been prevalent in Iraq, with around 28% of Iraqi girls being married before the age of 18, according to UNICEF.

While the amendments are backed by Iraq's Shia-led government, many women’s rights groups in the country are vehemently opposed. They warn that the changes could worsen the already dire situation for women, and lead to more violence, exploitation, and marginalization. Human Rights Watch has expressed concern that these changes would expose young girls to increased risks of sexual and physical violence, and further limit their access to education and employment opportunities. Activists fear that the new law would legitimize child marriages and entrench patriarchy in Iraq’s legal system.

Dr. Renad Mansour, a senior research fellow at Chatham House, noted that these amendments were part of a broader effort by Shia Islamists to consolidate their political power and regain ideological legitimacy, which they feel has been eroded in recent years. According to Mansour, these amendments reflect the desire of certain political groups to impose their religious interpretation on the entire country.

The proposal has drawn comparisons to the strict religious regimes in countries like Afghanistan and Iran, where religious leaders hold ultimate authority. Rights advocates are concerned that Iraq could move in a similar direction, where religious interpretations of family and marriage laws override the rights of women and children.

The proposed changes come after years of efforts to reduce child marriages, and activists fear they could undo any progress made in the fight against child marriage in Iraq. Many point to the discrepancy between government actions and the needs of the public, with religious authorities pushing their agenda despite widespread opposition. Given Iraq's recent history of political instability, the government is expected to push these amendments through, despite ongoing protests from women’s groups and human rights organizations.

As the debate continues to unfold, the fate of Iraqi women’s rights and child marriage prevention hangs in the balance, and many fear that these amendments will deepen gender inequality and expose vulnerable girls to greater harm.

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