Iraq’s ‘Barbaric Bill’: Lowering Marriage Age for Girls to 9

Iraq’s parliament is currently considering a bill that, if passed, would significantly lower the minimum legal age of marriage for girls from 18 to nine years old. The proposed legislation has sparked widespread outrage and concern among human rights advocates, women’s groups, and civil society activists across the globe. Critics argue that the bill represents a severe rollback of women’s rights and endangers the well-being and future prospects of young girls in Iraq.

Details of the Proposed Bill

The controversial bill, introduced by Independent MP Raed al-Maliki, seeks to amend Iraq’s Personal Status Law, which currently sets the minimum age for marriage at 18 for both men and women. The new bill would allow citizens to choose between religious authorities or the civil judiciary to decide on family affairs, including marriage contracts.

According to the draft bill, couples must choose between the Sunni or Shia sect for resolving “all matters of personal status.” In the event of a dispute between spouses regarding the doctrine of their marriage contract, it will default to the husband’s doctrine unless there is evidence to the contrary.

The bill also mandates Shia and Sunni endowments to submit a “code of legal rulings” to Iraq’s Parliament within six months of the amendments being ratified. This would transfer the authority to sanctify marriages from the courts to the offices of the Shiite and Sunni endowments.

The Shia code, as per the draft, would be based on “Jaafari jurisprudence,” which permits marriage for girls as young as nine and boys as old as fifteen. This provision has raised particular concern, as it effectively legalizes child marriage and pedophilia.

Opposition and Criticism

The proposed bill has faced strong opposition from various quarters. Human rights organizations, such as Human Rights Watch and Amnesty International, have vehemently opposed the bill, warning of its potential impact on child marriages and the rights and safety of women and girls in Iraq.

Sarah Sanbar, a researcher for Human Rights Watch, stated that “passing this law would show a country moving backward, not forwards.” She further argued that giving power over marriage to religious authorities would “undermine the principle of equality under Iraqi law” and could “legalize the marriage of girls as young as nine years old, stealing their futures and well-being.”

Amal Kabashi of the Iraq Women’s Network echoed these sentiments, saying that the amendment “provides huge leeway for male dominance over family issues” in an already conservative and patriarchal society. She joined other critics in expressing concern over the potential increase in child marriages, early pregnancies, and the heightened risk of domestic violence that may accompany the passage of this bill.

Razaw Salihy, a researcher for Amnesty International in Iraq, echoed the sentiment, calling for the bill to be stopped and warning that it could create a “ring of fire around women and children.”

Supporters’ Arguments

Despite the widespread opposition, the bill has found support among conservative Shiite Muslim deputies and lawmakers like Raed al-Maliki, who introduced it. They argue that the objections are driven by a “malicious agenda” aimed at denying a significant portion of the Iraqi population the right to have their personal status determined by their religious beliefs.

Al-Maliki and other supporters contend that the bill aims to standardize Islamic law and protect young girls from what they consider “immoral relationships.” They believe that enshrining religious freedom in law is a necessary step toward protecting the rights of Iraq’s diverse population.

Uncertain Future

The bill initially faced significant opposition and was withdrawn in late July. However, it resurfaced during an August 4 parliamentary session with backing from powerful Shia blocs. The future of this controversial bill remains uncertain, and the debate surrounding it has highlighted deep divisions within Iraqi society over the role of religion and the state in governing personal and family matters.

As the world watches Iraq’s parliament with bated breath, the outcome of this debate will have profound implications for the rights and lives of women and girls in the country.