Iraqi parliament has allegedly enacted multiple laws, one of which will practically legalize child marriage for girls as young as nine.
As reported by Mail Online, the revisions to Iraq’s personal status law will empower Islamic courts with greater jurisdiction over family affairs, encompassing marriage, divorce, and inheritance.
Currently, Iraqi legislation stipulates 18 as the minimum marriage age in most instances, but the modifications approved on Tuesday, January 21, would permit clerics to adjudicate based on their interpretation of Islamic law.
Certain interpretations enable the marriage of girls in their early teens or even as young as nine according to the Ja’afari school of Islamic law, which is observed by many Shiite religious leaders in Iraq.
Supporters of these amendments, mainly conservative Shiite legislators, assert that they aim to bring the law in line with Islamic doctrines and lessen Western impact on Iraqi culture.
However, Intisar al-Mayali, a human rights advocate and member of the Iraqi Women’s League, remarked that the approval of the civil status law amendments ‘will have devastating consequences on the rights of women and girls by facilitating early marriages.’
‘It infringes upon their rights as children and will disrupt protective mechanisms related to divorce, custody, and inheritance for women,’ the activist stated.
The parliamentary session that approved the amendments concluded in turmoil and allegations of procedural irregularities.
‘A significant number of lawmakers in attendance did not cast their votes, which violated the legal quorum,’ a parliamentary official mentioned on the condition of anonymity due to lack of authorization for public comment.
Post-session, several legislators purportedly expressed dissatisfaction with the voting process, which involved grouping all three contentious laws, each backed by different factions, for a single vote.
‘Concerning the civil status law, we are firmly in favor, and there were no problems with it,’ stated Raid al Maliki, an independent MP.
‘However, it was bundled with other laws for a simultaneous vote… which might prompt a legal challenge at the Federal Court.’
Parliament Speaker Mahmoud al-Mashhadani lauded the laws’ passage as ‘a significant advancement in the pursuit of justice and structuring the everyday lives of citizens.’
The parliament also approved a general amnesty law seen as advantageous for Sunni detainees, which has faced criticism for seemingly absolving individuals involved in corruption and embezzlement.
Additionally, the chamber passed a land restitution law intended to address Kurdish territorial disputes.
The proposed amendments to the law were initially unveiled in August.
Given that many Iraqi marriages occur informally and remain unregistered, the updates will enable figures from Sunni and Shia religious communities to officiate unions legally.
The previous law required ‘a sound mind and reaching the age of 18’ for marriage, with provisions allowing women fleeing abuse to annul contracts.
Fifteen-year-olds could request marriage, which judges could choose to approve if deemed appropriate, with necessary legal guardian consent.
A judge could authorize the marriage of a 15-year-old ‘if he finds it absolutely essential’, according to the former law, lacking additional details.
Under the reformed laws, Muslim couples would select either a Sunni or Shia representative to handle ‘all matters of personal status’ instead of the civil judiciary.
‘In instances of marital disputes concerning the doctrine under which the marriage contract was formed, the contract is considered established in accordance with the husband’s doctrine unless evidence suggests otherwise,’ the draft stipulates.
Officials from each ‘endowment’ would then finalize marriages, rather than the courts.
This could also lead to the legitimization of unregistered marriages, with over a fifth involving girls younger than 14, recognized by the state.