Rights advocates are expressing concern over a bill introduced to Iraq’s parliament that could potentially undermine women’s rights and increase underage marriage in the country. The bill proposes allowing citizens to choose between religious authorities and the civil judiciary to decide on family affairs. Critics argue that this could lead to a reduction in rights related to inheritance, divorce, and child custody. Of particular concern is the potential elimination of the minimum age for Muslim girls to marry, which is currently set at 18 under the 1959 Personal Status Law. However, lawmakers supporting the changes deny these charges.
According to UNICEF, 28 percent of girls in Iraq are already married before the age of 18. Human Rights Watch (HRW) researcher Sarah Sanbar warns that passing this law would be a step backward for the country. Amal Kabashi, from the Iraq Women’s Network advocacy group, adds that the amendment would further empower male dominance over family issues in an already conservative society. Activists have been protesting against the proposed changes and plan to continue their demonstrations in Baghdad.
The 1959 Personal Status Law was enacted shortly after the fall of the Iraqi monarchy and transferred the authority to decide on family affairs from religious authorities to the state and its judiciary. The proposed amendment, supported by conservative Shiite Muslim deputies, seeks to weaken this law by allowing the enforcement of religious rules, particularly those of Shiite and Sunni Muslims. However, there is no mention of other religions or sects that are part of Iraq’s diverse population.
In late July, the proposed changes were withdrawn from parliament due to objections from many lawmakers. However, they resurfaced in an August 4 session after receiving support from powerful Shiite blocs that dominate the chamber. It remains uncertain whether this attempt to change the law will succeed, as previous efforts have failed. Amnesty International’s Iraq researcher Razaw Salihy urges that the proposed changes should be stopped to prevent further harm to women and children.
According to the proposed changes, “Muslims of age” who wish to marry must choose whether the 1959 Personal Status Law or Sharia Islamic rules apply to them in family matters. The changes also allow already-married couples to convert from civil law to religious regulations. Constitutional expert Zaid Al-Ali explains that the 1959 law incorporated progressive rules from different sects, which caused irritation among Islamic authorities. Since the 2003 US-led invasion, several attempts have been made to repeal the law and revert to traditional Islamic rules. However, this time, lawmakers are maintaining the 1959 law by giving people the option to choose it over religious authorities.
Critics argue that by giving power over marriage to religious authorities, the amendment would undermine the principle of equality under Iraqi law. Furthermore, it could potentially legalize the marriage of girls as young as nine years old, depriving them of their futures and well-being. HRW has previously warned that religious leaders in Iraq conduct thousands of unregistered marriages each year, including child marriages, in violation of the current law. While historically Islam has allowed the marriage of pubescent girls from the age of nine, rights groups argue that child marriages violate human rights, hinder girls’ education and employment opportunities, and expose them to violence.
Lawmaker Raed Al-Maliki, who introduced the amendment and previously supported an anti-LGBTQ bill, denies that the revisions would allow the marriage of minors. He claims that objections to the law stem from a malicious agenda seeking to deny a significant portion of the Iraqi population their right to have their personal status determined by their beliefs. However, Amnesty’s Salihy argues that enshrining religious freedom in law with vague and undefined language could strip women and girls of their rights and safety.
In conclusion, the proposed bill in Iraq’s parliament has raised concerns among rights advocates who fear it could roll back women’s rights and increase underage marriage. The bill would allow citizens to choose between religious authorities and the civil judiciary for family affairs, potentially reducing rights related to inheritance, divorce, and child custody. Critics are particularly worried about the elimination of the minimum age for Muslim girls to marry. Activists have been protesting against the proposed changes, and organizations like HRW and Amnesty International are calling for the bill to be stopped to protect the rights and well-being of women and children in Iraq.