The Iraqi parliament is proposing changes to the country’s family and marriage laws, which would reportedly give more power to Muslim clerics on family and marriage matters and would even open the doors to legalize marriage for children as young as nine years old, with women’s right activists and organizations saying the proposals would “legalize child rape.”
Draft Iraqi law allowing 9-year-olds to marry would ‘legalise child rape’, say activists - this is a law drafted by paedophiles and misogynistic hypocrites, disgusting and outrageous https://t.co/dnDppDmauo
— Paul Fowler (@GrumpybaldProf) August 9, 2024
The Coordination Framework, a coalition of conservative and Islamist parties that form the largest bloc in Iraq’s Council of Representatives, is seeking once more to push amendments to Law No. 188 of the country’s Personal Status Law of 1959, which was passed shortly after the fall of the Iraqi monarchy and governs matters related to family, marriage, and other personal issues in the country. The law also transferred the right to decide on family and marriage affairs from religious authorities to the state and judiciary.
However, this might change soon. The draft bill passed its first reading on August 4th after a failed attempt last July, which was shelved after some political parties objected to the amendments. The proposals seek to give more power to clerics to decide on family affairs, including marriage, divorce, and child custody.
In addition, under the bill, a Muslim couple would be required to choose either a Sunni or Shia sect when concluding a marriage. There is no mention of other religions or sects belonging to Iraq’s diverse population. They can then choose that sect to represent them in "all matters of personal status" rather than the civil judiciary.
How can a nine year old give consent?
— Tim Burling (@tburling) August 12, 2024
"When a dispute occurs between the spouses regarding the doctrine according to whose provisions the marriage contract was concluded, the contract is deemed to have been concluded in accordance with the husband’s doctrine unless evidence exists to the contrary," the draft read, which was widely circulated by some politicians all over Iraqi social media.
The proposed amendments would also allow "the offices of the Shiite and Sunni endowments" to finalize marriages rather than civil courts. If passed, the draft bill would require Sunni and Shia endowments to submit a "code of legal rulings" six months after the changes have been ratified.
The proposed changes would also require "Muslims of age" to choose whether the Personal Status Law of 1959 or Sharia law would apply to them on family affairs. The draft bill would also allow already-married couples to convert from civil to religious law.
Several activists and human rights organizations condemned the proposed amendments and have taken to the streets to protest the draft bill.
That's really sad to know that such laws are being proposed
— Sarthak Goswami (@SwarSarthak) August 10, 2024
“This is a catastrophe for women,” said Raya Faiq, a coordinator for a coalition of organizations that oppose the bill, which includes several Iraqi members of parliament (MPs).
“My husband and my family oppose child marriage. But imagine if my daughter gets married and my daughter’s husband wants to marry off my granddaughter as a child. The new law would allow him to do so. I would not be allowed to object. This law legalizes child rape.” Faiq added.
Razaw Salihy, Amnesty International’s researcher for Iraq, said the proposed changes should be "stopped in their tracks.”
"No matter how it is dressed up, in passing these amendments, Iraq would be closing a ring of fire around women and children," Salihy said.
They should reduce it to when the girl child is still inside her mother womb, cowardice people
— Hakuna Matata (@HakunaOyinz) August 10, 2024
In response to the criticism of the draft bill by human rights organizations as well as activists, lawyers, political parties, and even Sunni clerics, the Coordination Framework insisted that the amendments would come before the parliament, adding that they were constitutional and did "not contradict the constants of Sharia and the foundations of democracy.”
Ra’ad al-Maliki, the MP who proposed the bill, also hit back at claims that the amendments would lower the age of marriage, saying they are "lies fabricated by some out of hatred for applying the provisions of God’s law to those who want them.”
