A law that passed this week in Iraq that opponents have said effectively allows men to marry girls as young as 9 years old has horrified human rights groups. Some of those opponents are now planning to contest the law.
According to The Guardian, the law was agreed upon this Tuesday. Per the outlet, it gives religious authorities power to “decide on family affairs,” including marriage, divorce and childcare. Additionally, it repeals a ban on marriage of children under age 18 that has been in place since the 1950s.
Amnesty International raised concerns about the legislation in October, when it called on Iraqi lawmakers to “drop amendments to the Personal Status Law,” that it said would violate the rights of women and girls. By that time, a first and second reading of the bill had taken place.
“Similar amendments were proposed in 2014 and 2017 but failed to pass due to nationwide outcry,” Amnesty International said. “On [Sept. 3] 2024, Iraq’s parliament attempted to hold a second reading of the draft bill but opposing MPs had waged a boycott campaign that succeeded in breaking quorum.”
When a second reading was eventually held later that September, women MPs and opponents of the bill raised concerns that none of their recommendations had been considered and that an amended draft was not shared, Amnesty International said. Then, the Iraqi Federal Supreme Court ruled that the amendments were aligned with Iraq’s constitution on Sept. 17.
“Not only does child marriage deprive girls of their education, but married girls are more vulnerable to sexual and physical abuse, and health risks related to early pregnancy,” said Razaw Salihy, Amnesty International’s Iraq researcher. “It is alarming that these amendments to the Personal Status Law are being pushed so vehemently when completely different urgent legal reforms are needed to protect Iraqi women and girls’ rights.”
Even though the legal age for marriage was 18 in Iraq, the Girls Not Brides organization noted that individuals were able to marry at age 15 with judicial approval and a 2023 UN survey found that 28% of girls in Iraq marry before they turn 18. The Associated Press explained that some religious authorities in Iraq – specifically those in the Jaafari school of Islamic law followed by many Shiite religious authorities – interpret Islamic Law to allow for marriage of girls as young as 9.
The Guardian reported that Raya Faiq, spokesperson for the feminist group Coalition 188, said the group received an audio recording of a woman crying over the new law in Iraq. Faiq said the woman claimed her husband was threatening to take her daughter away unless she gives up her rights to financial support.
“Proponents of the changes, which were advocated by primarily conservative Shiite lawmakers, defend them as a means to align the law with Islamic principles and reduce Western influence on Iraqi culture,” said the Associated Press.
However, some opponents are planning to fight back. Alia Nassif, a member of the parliament’s legal committee, said in an Instagram post cited by The Guardian that she and others plan to go to Iraqi federal court to challenge the law. Nassif said the vote took place without the minimum number of MPs required to pass a law being present.