Approximately two dozen women came together in Baghdad to protest against a draft law approved by the Iraqi cabinet that would allow the marriage of nine-year-old girls and automatically give child custody to fathers. The protest took place on International Women’s Day, a week after the cabinet voted in favour of the legislation that is based on Shiite Islamic jurisprudence. The draft will soon be tabled in parliament.
“On this day for women, women of Iraq are in mourning. We believe that this is a crime against humanity. It would deprive a girl of her right to live a normal childhood,” said Hanaa Eduar, a prominent Iraqi human rights activist.
United Nations representative to Iraq Nickolav Mladenov condemned the legislation as well.
“Risks constitutionally protected rights for women and international commitment,” he tweeted with reference to the bill.
According to the draft, girls reach puberty at nine and they are thus fit for marriage. It also makes fathers the sole guardian of his children and condones the husband’s right to demand sexual intercourse with his wife against her wishes. The legislation is called the Ja'afari Law and it is named after the sixth Shiite imam Ja'far al-Sadiq, who founded his own school of jurisprudence. The draft was tabled by Hassan al-Shimari, a member of the Shiite Islamist Fadila Party and it was approved by the cabinet on February 25.
The current personal status law in Iraq enshrines women’s rights regarding marriage, child custody and inheritance and it has often been regarded as the most progressive law in the Middle East. Proponents of the new law however claim that the existing personal status law violates Sharia religious law.
After Saddam Hussein was overthrown in 2003, Shiite Islamists have led the government and tried to impose their religious views on society ever since.