Iraq Proposal Law To Reduce Legal Marriage Age For Girls To 9 To Save Them From ‘Immoral Relationships’

Iraq is facing widespread concern and criticism over a proposed bill that could lower the minimum marriage age for girls to 9 years and for boys to 15. The contentious legislation, introduced by the Iraq Justice Ministry, has raised alarms among human rights advocates and critics who view it as a significant setback for women’s rights in a society already entrenched in patriarchal norms. The bill would allow citizens to choose between religious authorities or the civil judiciary to decide on family affairs
Proposed Legislation and Amendments
The bill seeks to amend Iraq’s Personal Status Law, which currently sets the minimum marriage age at 18. If passed, the legislation would require Shia and Sunni endowments to provide a ‘code of legal rulings’ to the Iraqi Parliament within six months. This move would shift 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 is derived from the teachings of the sixth Shiite Imam, Ja’afar Al Sadiq. Jaafari law permits marriage for girls as young as nine and boys as young as fifteen.
Implications and Criticisms
Critics fear that this proposed bill could lead to a surge in child marriages and exploitation, jeopardizing decades of progress in women’s rights and gender equality. The option for citizens to choose between religious authorities or civil judiciary for family-related decisions has raised concerns about potential erosion of rights related to inheritance, divorce, and child custody. The move has sparked a debate on the implications of such a drastic change in marriage laws and the impact it could have on vulnerable populations, particularly young girls.

Supporters of the bill argue it aims to align with Islamic law and protect young girls from “immoral relationships.” However, opponents say this justification overlooks the harsh realities of child marriage.

Independent MP Raed al-Maliki, who introduced the bill, has a history of proposing controversial amendments, including those to the anti-prostitution law that criminalized homosexuality and sex-reassignment surgeries. Earlier versions of the draft bill included provisions to prohibit Muslim men from marrying non-Muslim women, legalize marital rape, and restrict women from leaving their homes without their husband’s permission.
UNICEF reports that 28 percent of girls in Iraq are already married before reaching 18, highlighting the severity of the issue. Sarah Sanbar, a researcher at Human Rights Watch, criticized the bill as a regressive step, stating, “Passing this law would demonstrate a country moving backward, not forwards.”