Iraq Lowers Legal Age of Marriage For Girls To Nine

For decades, Iraq’s personal status law was seen as one of the most progressive in the region, protecting women’s rights by setting an apparent minimum marriage age. But a recent and controversial amendment has changed all that, sparking outrage both within Iraq and globally. This legal change now allows clerics to determine the age of marriage based on their interpretation of Islamic law, potentially opening the door for girls as young as nine to be wed.

The move has ignited fierce debate, with supporters calling it a return to religious principles, while critics warn of devastating consequences for young girls. Protests have erupted across Iraq, with activists denouncing the change as a setback for women’s rights. International human rights organizations are raising alarms, urging Iraq to reconsider. 

Recent Changes in Legal Amendments 

Iraq’s previous personal status law, established in 1959, set 18 as the minimum age for marriage, offering legal protection for young girls against early unions. This landmark legislation was part of a broader effort to modernize Iraq’s legal framework, emphasizing the importance of safeguarding the rights of women and children. However, the recent amendments to this law have sparked controversy by shifting the authority over marriage decisions from civil courts to religious clerics, allowing them to determine the legal marriage age based on their interpretation of Islamic law.

Under the new amendments, clerics are granted the power to approve marriages of girls at much younger ages, potentially as young as nine, depending on their understanding of the Ja’afari school of Islamic law, which is followed by many Shiite religious authorities in Iraq. This shift dramatically departed from Iraq’s previous approach, where a unified civil system governed marriage, divorce, and inheritance.

One of the most troubling aspects of the amendment is the potential for child marriages to become not only legally recognized but also enforced by religious courts. These courts, empowered by the new law, could bypass the legal safeguards that previously protected girls from such unions, legitimizing arrangements that may otherwise have been informal or unregistered. 

The parliamentary session, which saw the passage of the amendments, ended in chaos and accusations of procedural violations. An anonymous parliamentary official said, “Half of the lawmakers present in the session did not vote, which broke the legal quorum,” because he was not authorized to comment publicly. 

Psychological, Physical, and Educational Consequences of Child Marriage

Child marriage has devastating effects on young girls, affecting their psychological, emotional, and physical well-being. When girls as young as nine are forced into marriage, they are deprived of their childhood and the ability to pursue education and personal development. Emotionally, many young brides experience isolation, anxiety, and depression as they face adult responsibilities far too early.

Physically, the risks are even more severe. Pregnancy and childbirth at such an early age can lead to life-threatening complications like obstructed labor, hemorrhage, and maternal mortality. The consequences extend beyond health. Early pregnancies often cut short girls’ education, leaving them trapped in cycles of poverty and dependence.

Increased Risk of Domestic Violence

The reality of domestic violence among child brides is deeply concerning. Studies consistently show that young brides are more vulnerable to abuse, as they are often married to much older men who wield significant power in these relationships. With limited access to legal protections and support services, these young girls find themselves trapped in abusive situations with few avenues for escape.

As Intisar al-Mayali warned and said, “This violates their right to life as children, and will disrupt the protection mechanisms for divorce, custody and inheritance for women.”

Law Supporters vs. Critics’ Concerns

Supporters of the amendments argue that aligning Iraq’s legal system with Islamic principles is necessary to preserve the country’s cultural and religious identity. They assert that the changes provide a way to regulate informal and unregistered marriages, which are common in Iraq, particularly in rural areas. By allowing clerics to determine marriage eligibility according to Islamic law, they believe the legal system will be more in tune with Iraq’s religious and social fabric.

As Raid al Maliki, an independent member of parliament, stated, “Regarding the civil status law, we are strongly supporting it and there were no issues with that,” emphasizing that the changes were designed to ensure that the legal system respects and upholds religious freedoms. Supporters also argue that the law prevents the influence of what they see as foreign, mainly Western, ideologies from dictating Iraq’s social and legal policies. Parliament Speaker Mahmoud al-Mashhadani praised the passage of the laws and said, “An important step in the process of enhancing justice and organizing the daily lives of citizens.”

On the other hand, critics of the law view it as a grave violation of children’s rights and a step backward for gender equality. Human rights activists and organizations have condemned the changes, highlighting the risks of forced marriages and the lack of consent from young girls, who may not have the legal or social freedom to reject a marriage proposal.

As Intisar al-Mayali, a human rights activist and member of the Iraqi Women’s League, said, “The new law will leave disastrous effects on the rights of women and girls through the marriage of girls at an early age.” She emphasized that this violates their right to life as children, disrupting the protections previously afforded to women regarding divorce, custody, and inheritance.

Women’s rights organizations, such as the Organization of Women’s Freedom in Iraq (OWFI), have also strongly condemned the law, viewing it as an assault on the hard-won rights of Iraqi women. Yanar Mohammed, president of OWFI, criticized the move, suggesting that it distracts from “corruption” and other political failures. She said the proposals served to “terrorise Iraqi women and civil society with a legislation that strips away all the rights that Iraqi women gained in modern times. The bill would ‘force archaic Islamic sharia on them that regards women as bodies for pleasure and breeding, and not as human being[s] with human rights.”

Consequences for Iraq’s International Relations and Foreign Aid

The passage of this law could strain Iraq’s relations with its international partners, particularly those that champion human rights and women’s rights. Countries and organizations that provide humanitarian aid, including the European Union, the United States, and the United Nations, may reconsider their support for Iraq if the law leads to further erosion of child and women’s rights.

International aid often comes with conditions tied to human rights practices, and introducing laws that violate international human rights conventions could lead to reduced foreign assistance or diplomatic pressure. Countries with a vested interest in protecting women’s rights may use this opportunity to increase calls for reform in Iraq or cut back on funding for projects that support gender equality and child welfare.

Comparative Analysis of Child Marriage Laws in Other Countries

While Iraq’s legal changes have drawn international criticism, they are not entirely isolated. Several countries have struggled with similar issues, with varying legal frameworks around child marriage. For example, in some parts of South Asia, including Afghanistan and Pakistan, child marriage remains common despite laws that set the legal marriage age at 16 or higher. 

However, these laws are often not fully enforced, and girls continue to be married off at a much younger age. In contrast, countries like Sweden and Canada have stringent laws prohibiting child marriage, and those laws are strictly enforced. These nations provide a precise model of legal protection against child marriage, focusing on education, health care, and economic empowerment as key measures to reduce the incidence of early marriage.

Public Reaction and Global Outrage

As news of Iraq’s legal amendment spread, people worldwide expressed shock and anger over the implications for young girls. Social media users voiced their concerns, highlighting the impact of child marriage and the importance of protecting children’s rights.

@JesseLeighBrack: “I thought nineteen was young enough! To steal a child’s innocence so soon is unconscionable! I clearly remember being nine years old…”

@sh_y786: “Heartbreaking to see such laws being considered. It’s so important for activists to speak up against these issues, even when it’s risky. Young girls deserve safety, education, and a chance to grow up before marriage is even an option.”

@dramadelinquent: “And American women are crying that they’re losing their rights, when this is what losing your rights is as a female.”

Legal Reforms and Education as Key Solutions

To combat the harmful practice of child marriage in Iraq, the government must strengthen legal frameworks that protect children. Reforms should set a precise, enforceable minimum marriage age of 18, with strict penalties for those attempting to marry minors. Ensuring the enforcement of these laws will require an effective monitoring system and accountability for violators.

Education is a key tool in preventing child marriage. Raising awareness about its harmful effects on girls’ health, education, and economic prospects can empower families and communities to reject the practice. Increasing access to education for girls, particularly in rural areas, will allow them to make informed decisions about their future and delay marriage.

Advocacy and International Support

Both international and domestic advocacy efforts are critical in addressing child marriage. Organizations like UNICEF and the UN can offer technical support to Iraq, providing resources and urging the government to revisit the legal amendments. Domestic groups, such as the Organization of Women’s Freedom in Iraq (OWFI), should continue their campaigns, using protests and public awareness to create dialogue on women’s rights.

Furthermore, engaging religious leaders in interpreting Islamic law to support girls’ rights can help reconcile cultural practices with international human rights standards. By encouraging collaboration with clerics who advocate for gender equality, activists can build a more inclusive movement to protect girls from early marriage.

Protecting the Rights of Iraq’s Girls

The consequences of these legal amendments are profound, not only for Iraq’s women and girls but for the country’s standing in the global community. The new law threatens to undo years of progress in protecting children’s rights and ensuring gender equality. Worldwide attention and continued advocacy are crucial in ensuring the protection of children’s rights in Iraq. If change is to come, it will be through legal accountability, widespread education, and continued pressure from international and local advocates. Together, we can strive for a future where every girl, regardless of where she lives, has the right to a childhood free from the burden of early marriage.