In Iraq, a proposed bill seeks to amend the Personal Status Law and Amendments 1959, which could lower the age of marriage to as young as 9 years old for girls. The bill passed its first reading on 11 August 2024, one of three stages proposed legislation must pass before it is put to vote.
Current legislation (the Personal Status Law and Amendments 1959, also known as Law 188) sets the minimum legal age for marriage at 18, though individuals can marry at age 15 with judicial approval. The new bill proposes to amend this law so that religious authorities have the power to determine family affairs, including marriage. This would effectively reduce the age of marriage to as low as 9 years old for girls.
The potential ramifications of this bill are dire and far-reaching, as it endangers the lives and bodies of women and girls, impacting generations to come. By opening the door to child marriage, it places children at risk of severe emotional and physical harm.
Musawah | A Global Movement For Equality and Justice in the Muslim Family
About child marriage in Iraq
According to UNICEF, currently 28% of women in Iraq were married before the age of 18. Current legislation permits children to get married at the age of 15 years old with judicial approval. Human Rights Watch has found that unregistered religious marriages are also functioning as loopholes. The UN Assistance Mission in Iraq (UNAMI) reported that 22% of marriages conducted outside the courts involve girls under the age of 14.
What does this mean for child marriage in Iraq?
This amendment proposes to allegedly reduce the number of unregistered marriages by legally recognising religious marriages. This proposed change violates the human rights of children and adolescents and contravenes international human rights law, including the Convention on the Rights of the Child, which Iraq ratified. The amendment fails to address the lack of enforcement of existing laws and the impunity of religious leaders. This is an additional denial of fundamental human rights and an abdication of responsibility by the state towards the well-being of its people.
Using Islam to justify the institutionalization of violence and discrimination against women and children is in total contradiction to the spirit and letter of Islam. Child marriage, for example, is a violation of both the high principles of Shar’ia as well as contemporary Muslim jurisprudence and laws on the family today.
Musawah | A Global Movement For Equality and Justice in the Muslim Family
How has civil society responded?
Civil society organisations, women’s rights activists, human rights activists, and others have come together to make a stand against the proposed bill. Coalition 188, an activist group, has coordinated peaceful protests across Iraq, with demonstrations in many cities. Several politicians have also voiced strong opposition, though the outcome of the proposed bill remains uncertain.
Musawah Statement on Iraqi Parliament’s Amendments to Personal Status Law
Musawah (‘equality‘ in Arabic) is a global movement for equality and justice in the Muslim family. In response to recent developments, Musawah has issued a statement standing in solidarity with Iraqi women, civil society groups, and the women parliamentarians who are courageously fighting against this bill. The statement emphasises that the bill contradicts both Islamic principles and international human rights standards and that the proposed amendment would fragment the legal system, endanger women and girls, and violate Iraq’s constitutional commitment to legal equality. The statement calls on Muslim religious and political leaders in Iraq and across the Arab and Muslim world to reject the bill and support Iraqi women in their fight for equality and justice.
We strongly encourage Iraqi lawmakers to give precedence to progressive Islamic principles and jurisprudence that address today’s lived realities, seeking the justice and equality deeply enshrined in Islam.
Musawah | A Global Movement For Equality and Justice in the Muslim Family
What can allies and donor governments do?
Iraq is currently under review regarding its implementation of international human rights law before several UN human rights mechanisms, including the UN Committee on the Rights of the Child, the UN Committee on the Elimination of all Forms of Discrimination against Women, the UN Committee on Economic, Social and Cultural Rights and the Universal Periodic Review. CSOs and governments can contribute to these reviews by ensuring child marriage is on the agenda and make strong recommendations for Iraq to take legal and policy measures to end child marriage in accordance with international law standards.
