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Iraq's sparks International outcry with new law potentially allowing child marriage

2025.01.31 07:31:19 Jooha Roh
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[Iraqi Family| Photo Credit to Pixabay]

The Iraqi parliament passed three laws on Tuesday, January 21, 2025, including amendments to the Personal Status Law that could legalize child marriage. 

Iraqi law currently sets 18 as the minimum age of marriage in most cases. 

However, the new amendments could allow marriage of girls in their early teens, or as young as nine years old in an interpretation under the Jaafari school of Islamic law, which is followed by many Shia religious authorities in Iraq.

The passage of this bill began in August 2024, when legal experts first raised alarms that  child marriage could be permitted under Jaafari jurisprudence.

With these new amendments passed, Islamic courts have now gained increased authority over family matters including marriages, divorces, and inheritance. 

Conservative Shia lawmakers, who champion these changes, argue that they align with Islamic principles and help preserve  Iraqi culture by eliminating western influence. 

On the other hand, human rights activists were outraged to hear about these changes, claiming, “Child and forced marriage is not a part of any culture or faith, it is abuse and a violation of human rights.” 

The parliamentary session itself erupted with violence and disorder.

These three laws, each backed by different parliamentary fractions, were bundled together for a single vote.

Nearly half the country’s lawmakers abstained from voting, breaking the legal quorum and triggering protests that saw some lawmakers climbing onto the parliamentary podium. 

Intisar al-Mayali, an Iraqi Women’s League member and human rights activist, has warned that the civil status law amendments “will leave disastrous effects on the rights of women and girls.” 

She emphasized that early marriage violates girls’ right to childhood while disrupting protection mechanisms regarding divorces, custody, and inheritances.

Furthermore, activists argue that this change will undermine Iraq’s Personal Status Law, which advocates for the unified family law and establishes the overall safeguards for women. 

This law was established under former Prime Minister Abdul-Karim Qasim, whose progressive reforms enhanced rights for female citizens.

Critics point to the 2003 US invasion of Iraq as a turning point, enabling right-wing political parties to begin rolling back these rights.

Earlier versions of these amendments had included provisions legalizing marital rape and banning women from leaving their homes without their husbands’ permission.

In response, non-governmental organizations like Coalition 188 have actively opposed the amendments.

Amal Kabashi, a women’s rights activist and the member of Coalition 188  denounced the new law as a betrayal of Iraqi women and families. 

She further stated that Coalition 188 “rejects the law in the strongest terms” as it violates the  human rights of women and children in Iraq. 

These recent changes to Iraq’s Personal Status law have ignited widespread controversy, drawing condemnation from citizens and various organizations who see them as an assault on crucial human rights.

Jooha Roh / Grade 10
Korea International School