Iraq Parliament Considers Amendment That Could Allow Child Marriage

A proposed amendment to Iraq’s 1959 Personal Status law, currently being debated in the Iraqi parliament, could potentially make it legal for girls as young as nine years old to marry.

The bill was put forward by Iraqi MP Ra’ad al-Maliki and has garnered support from conservative Shi’ite factions within the government. However, various civil society and women’s groups have strongly voiced their opposition to the law.

The proposed legislation would introduce the option of having family law matters, including marriage, adjudicated by religious authorities. “Civil courts that file marriage and divorce may become obsolete, and will no longer defend women’s rights to alimony, custody of children, or other rights,” said Yanar Mohammed, president of the Organization of Women’s Freedom in Iraq. 

Al-Maliki, the MP who proposed the bill, has refuted claims that it could lead to child marriage, calling such implications “lies fabricated by some out of hatred for applying the provisions of God’s law to those who want them,” as reported by the Middle East Eye.

What is the current legal status of child marriage in Iraq?

Iraq’s 1959 Personal Status law currently prohibits marriage for individuals under the age of 18. However, exceptions can be made for women as young as 15 with permission from both a judge and the parents, according to Marsin Alshamary, a scholar of Middle Eastern politics and assistant professor at Boston College. 

Iraq’s 1959 law, heavily influenced by the Iraqi Women’s League, is considered one of the most progressive laws in the region, according to Nadje Al-Ali, a professor of anthropology and Middle East studies at Brown University.  

“The reason it is perceived to be one of the most progressive laws of the time and even later on, is because it made it much more difficult for a man to marry a second, third, or fourth wife. He actually had to have the permission of the first wife,” Al-Ali tells TIME. “It also made divorce possible for women, it pushed the marriage age to 18, and very crucially, it was a unified set of laws that applied to both Shia and Sunni Muslims.”

Following the 2003 U.S. invasion of Iraq, numerous attempts have been made by Islamist factions in the country to repeal or modify the law, aiming to grant religious authorities greater influence over family matters. While past efforts have failed, Alshamary believes that this time, the situation is different. 

“This is the closest we’ve come to actually seeing this through, and if this happens it’s probably going to be one of the most impactful events in Iraq’s post-2003 history, with huge repercussions going forward,” she tells TIME. 

What is the amendment proposing?

The amendment would alter the 1959 law to allow Muslim families the choice between marrying under civil law or religious law. Currently, marriages and divorces require recognition by the government through secular civil courts. If the amendment is approved, Muslim families could choose either secular or religious law for marriage. Those opting for religious law would have to choose between Sunni or Shi’ite legal systems.

One school of Shi’ite Islamist thought, known as the Ja’fari school of Islam, is interpreted by some clerics as permitting the marriage of girls as young as age nine. Although some Shi’ite clerics reject this interpretation, activists are concerned that the law could effectively legalize child marriage for Shi’ite Muslim girls. Shi’ite Muslims constitute the majority of Iraq’s population, according to the U.S. Department of State. 

Despite existing legal protections, child marriage remains prevalent in Iraq, with an estimated 28% of girls marrying before the age of 18, according to . Experts and activists are deeply concerned that the proposed law will further erode the rights of women and children in the country. 

“Just the possibility of [legalizing child marriage] is alarming enough, because we already see significant underage marriage in Iraq,” says Alshamary. 

Experts emphasize that this amendment also carries the risk of exacerbating divisions in a country still grappling with the sectarian tensions that intensified following the 2003 invasion. 

“This proposal takes away [power] from the state and gives it to the religious establishment,” says Nida Alahmad, a lecturer at the University of Edinburgh specializing in Middle Eastern politics and international relations. She expresses worry that creating separate legal frameworks for Sunni and Shi’ite Muslims could further fragment the country. “[It] makes the state fragmented and further institutionalized along sectarian groups.”

What happens next?

Before the amendment can be put to a vote, it must undergo debate in parliament, according to experts who spoke with TIME. Following debate, it can then be scheduled for a vote. A simple majority in parliament would result in the amendment’s passage, enabling the bill to be enforced as law. As of now, an official debate has yet to be scheduled.