Girls as young as nine could potentially be allowed to enter into marriages under new legislation being proposed in Iraq, sparking fears from human rights campaigners. Amnesty International has expressed concerns about the implications for women and girls as Iraq’s Personal Status Law faces possible amendments that could also remove divorce protections for women.
The proposed changes would grant religious councils of the Sunni and Shia sects of Islam in Iraq the authority to establish their own Sharia rulings on personal status matters within six months of the law’s passage. Campaigners fear that this could lead to the legitimization of unregistered marriages, often used to circumvent child marriage laws, and eliminate penalties for men marrying children and the clerics conducting such marriages.
Razaw Salihy, Amnesty International’s Iraq researcher, has urged lawmakers to consider the potential harmful effects of these amendments. She highlighted that the proposed changes could erase the current legal marriage age of 18 for both girls and boys, paving the way for child marriages and stripping women and girls of essential protections related to divorce and inheritance.
Salihy emphasized the detrimental impact of child marriage on girls, citing increased vulnerability to abuse and health risks associated with early pregnancies. She called on the Iraqi parliament to reject the proposed amendments and focus on addressing existing shortcomings in the legal system, such as the absence of protections against honour killings and marital rape.
In addition to concerns about child marriage, campaigners argue that the proposed measures would eliminate crucial safeguards for divorced women, including rights to housing and financial support. Despite opposition from women MPs and critics, the bill proceeded to a second reading in September following an initial reading in August.
The Iraqi Federal Supreme Court has endorsed the amendments as consistent with the country’s constitution, while UN experts have expressed alarm over the potential roll-back of rights affecting women and children. Critics fear that the changes could worsen violence against women and girls in Iraq.
Similar proposals in 2014 and 2017 faced public backlash and condemnation, leading to their rejection. As the parliamentary debate on the current amendments looms, activists continue to voice their concerns about the potential impact on the rights and welfare of women and girls in Iraq.