Jahanvi Agarwal
A proposed bill in Iraq’s parliament has stirred significant controversy and concern due to its attempt to lower the legal marriage age for girls to just nine years old. This legislation, introduced by the Iraq Justice Ministry, aims to amend the existing Personal Status Law, which currently mandates a minimum marriage age of 18.
The bill would allow citizens to choose between religious authorities and the civil judiciary for decisions regarding family matters. Critics are worried that this could severely reduce rights in areas such as inheritance, divorce, and child custody.
If the bill becomes law, it will permit girls as young as nine and boys as young as 15 to marry, raising fears of increased child marriage and potential exploitation. Critics argue that this step backwards would erode decades of progress in advancing women’s rights and gender equality.
Human rights organizations, women’s groups, and civil society activists have strongly opposed the bill, cautioning that it would have severe implications for young girls’ education, health, and well-being. They highlight that child marriage is linked to higher dropout rates, early pregnancies, and an increased risk of domestic violence. According to UNICEF, 28% of girls in Iraq are already married before the age of 18.
“Passing this law would show a country moving backward, not forwards,” stated Sarah Sanbar, a researcher from Human Rights Watch (HRW). Amal Kabashi, representing the Iraq Women’s Network, also criticized the bill, asserting that it “provides huge leeway for male dominance over family issues” in an already conservative society.
In late July, the proposed changes were withdrawn after significant objections from lawmakers but resurfaced in an August 4 session, backed by influential Shia blocs that hold sway in the chamber. The proposed changes represent a departure from the 1959 legislation, which, after the Iraqi monarchy’s fall, transferred family law authority from religious leaders to the state judiciary. The new bill would reintroduce the option to apply religious rules, mainly from Shia and Sunni Islam, while excluding mention of other religious or sectarian communities in Iraq’s diverse population.
Proponents of the bill argue that it seeks to standardize Islamic law and protect young girls from “immoral relationships”. However, opponents contend that this justification is flawed and disregards the harsh realities of child marriage. By giving marriage authority to religious leaders, the amendment would “undermine the principle of equality under Iraqi law”, said Sanbar of HRW. It could also “legalise the marriage of girls as young as nine years old, stealing the futures and well-being of countless girls”. She added, “Girls belong on the playground and in school, not in a wedding dress”.
It remains uncertain whether this attempt to change the law will succeed, as several previous efforts have failed.