New Delhi:
A proposed bill in Iraq’s parliament has sparked widespread outrage and concern, as it seeks to lower the legal age of marriage for girls to just 9 years. The controversial law, introduced by Iraq’s justice ministry, aims to amend the country’s personal status law, which currently sets the minimum age for marriage at 18.
The bill would allow citizens to choose between religious authorities or the civil judiciary to decide family matters. Critics fear it will lead to a reduction in rights in inheritance, divorce and child custody matters.
If passed, the bill would allow girls as young as 9 and boys as young as 15 to marry, raising the risk of child marriage and exploitation. Critics say the regressive move will undermine decades of progress in promoting women’s rights and gender equality.
Human rights organizations, women’s groups and civil society activists have strongly opposed the bill, warning of dire consequences for the education, health and well-being of young girls. They argue that child marriages increase dropout rates, early pregnancies, and increase the risk of domestic violence.
According to the United Nations children’s agency UNICEF, 28 percent of girls in Iraq are married before the age of 18.
“Passing this law would show that a country is moving backwards, not forwards,” said Sarah Sanber, a researcher at Human Rights Watch (HRW).
Amal Kabashi of the Iraq Women’s Network also voiced strong opposition, saying the amendment “provides a huge avenue for male dominance over family issues” in an already conservative society.
In late July, parliament withdrew the proposed changes after many lawmakers objected. He reappeared in the August 4 session after gaining support from the powerful Shiite bloc that dominates the chamber.
The proposed changes would mark a departure from the 1959 legislation. This law, enacted after the end of the Iraqi monarchy, transferred the authority of family laws from religious figures to the state judiciary. The new bill would reintroduce the authority to apply religious laws primarily to Shia and Sunni Islam, but does not address other religious or sectarian communities within Iraq’s diverse population.
Proponents of the bill claim it aims to standardize Islamic law and protect young girls from “immoral relationships”. However, opponents say this argument is flawed and ignores the harsh realities of child marriage.
By giving religious authorities the authority to marry, the amendment would “undermine the principle of equality under Iraqi law,” HRW’s Sanbar said.
It could also “legalize the marriage of girls as young as nine, stealing the future and health of countless girls.”
“Girls belong on the playground and in school, not in wedding dresses,” she said.
It is not yet clear whether this attempt to change the law will succeed where several previous attempts have failed.