Faith vs. Freedom: Iraq’s Marriage Amendment Threatens Rights of Women and Children

In September 2024, the Iraqi parliament moved closer than ever to passing an amendment that would drastically alter marriage laws, lowering the age of consent to nine. This proposal has sparked widespread concern, not only for its impact on children but for its broader implications on Iraqi women’s rights, child protection, and the political landscape of Iraq. Should the amendment succeed, it would dismantle hard-won family rights and child protection laws established decades ago and deepen divisions within Iraq.

Current Iraqi Marriage Law: A Progressive Legacy Under Threat

Under Iraq’s current personal status law (PSL), Law 188 of 1959, the legal age of marriage is set at 18. [1] Enacted after the fall of the Iraqi monarchy, the PSL aimed to establish a unified legal framework for Iraq’s diverse society and protect families. Seen as one of the Middle East’s most progressive laws, it transferred authority over family matters from religious leaders to the state, placing a secular judiciary as the final arbiter. Articles 7 and 8 set the marriage age at 18 for both genders,[2] with a provision allowing marriage from age 15 with judicial and parental consent,[3] though this remains an exception.

This progressive safeguard has helped curb underage marriages and bolster women’s rights in Iraq. However, a proposed amendment risks reversing these protections by returning family law authority to religious entities and lowering the marriageable age to nine.

Religious and Political Motivations for Change

The push to lower the marriage age is led by ultra-conservative Shia Muslim political groups advocating a strict interpretation of Islamic law, aiming to protect young girls from “immoral relationships” and uphold traditional values. To The Telegraph, senior research fellow Dr. Renad Mansour of Chatham House described this as part of a broader strategy by some Shia Islamist groups to consolidate power and bolster their legitimacy. [4] Although not all Shia factions support the initiative, those backing it hold significant influence.

Unsuccessful efforts to amend Iraqi family law have been made numerous times, dating back to the 1960s but notably failing in 2014 and 2017[5] due to public backlash, especially from women’s rights activists. However, Dr. Mansour notes this attempt “has more momentum than it’s ever had,”[6] with the bill reaching its second parliamentary reading and supported by a majority coalition. This coalition has already enacted an anti-LGBT amendment to the Law on Combatting Prostitution, imposing up to 15 years’ imprisonment for same-sex relations and severe penalties for “promoting homosexuality.”[7] Recently, the Iraqi Communications and Media Commission banned the term “gender” in public discourse and advised the replacement of “homosexuality” with “sexual deviance,”[8] signalling a broader rollback in gender and LGBTQ+ rights. Given this trend, the amendment to Iraq’s PSL appears likely to pass.

Potential Impact on Women in Iraqi Society

If passed, the amendment would represent a major setback for women’s rights in Iraq, allowing marriages at very young ages and stripping young brides of essential civil protections. Although the legal marriage age is 18, underage marriages still occur due to a loophole allowing religious leaders to officiate marriages with parental consent. This has contributed to nearly 28% of Iraqi girls marrying before age 18, according to UNICEF.[9] 

In Iraq’s parliament, where women occupy just 30% of the seats,[10] a predominantly male body holds the power to decide on a deeply impactful issue for women and girls. This limited female representation underscores the unfairness of a decision-making process largely controlled by men, with female MPs facing significant obstacles—including intimidation and threats of violence[11]—in their efforts to block the amendment. The debate thus leaves women fighting against a system that is poised to set back their rights and protections, while being controlled by those it impacts the least.

The Broader Consequences for Iraq

Beyond the immediate effects on young girls, the proposed amendment could have far-reaching consequences for Iraq’s social fabric. By placing religious authority above state law, it risks deepening sectarian divides, alienating secular and moderate factions, and exacerbating tensions among Iraq’s diverse communities. Prioritising a conservative interpretation of Islamic values over inclusive legal principles may further marginalise groups who oppose this shift.

This amendment also highlights a troubling trend toward using religiously motivated legislation to restrict personal freedoms and women’s rights. In a country already grappling with socio-political instability, the legislation could provoke further unrest, as it’s seen by many as a return to patriarchal control, undoing progress in women’s and child protection rights.

If the amendment passes, it would mark a significant regression for human rights and child protection in Iraq. For Iraqi women and girls, it would erode legal autonomy and protection, signalling a shift toward religious conservatism over civil rights. With the amendment currently in its second parliamentary reading, Iraq stands at a pivotal moment, watched closely by those who hope its leaders will uphold the rights many Iraqis and women have fought hard to protect.

[1] Iraq: Personal Status Law and Its Amendments (1959), 30 December 1959 <https://www.refworld.org/legal/legislation/natlegbod/1959/en/122534\accessed> 11 November 2024.

[2] ibid.

[3] ibid, Article 8(2).

[4] Lilia Sebouai, ‘Iraq Poised to Lower the Age of Consent for Girls to Nine’ The Telegraph (London, 23 October 2024) <https://www.telegraph.co.uk/global-health/women-and-girls/iraq-poised-to-lower-the-age-of-consent-for-girls-to-nine/\> accessed 11 November 2024.

[5] Nibras Basitkey, ‘Iraq Family Law and Child Marriage’ (MENA Source, Atlantic Council, 25 April 2023) <https://www.atlanticcouncil.org/blogs/menasource/iraq-family-law-child-marriage/\> accessed 11 November 2024.

[6] ibid, (n 4).

[7] Human Rights Watch, ‘Iraq: Repeal Anti-LGBT Law’ (20 May 2024) <https://www.hrw.org/news/2024/05/20/iraq-repeal-anti-lgbt-law\> accessed 11 November 2024.

[8] Tarif Alkhudary, ‘As Iraq Backslides on Gender Equality, Where Are Its Women MPs?’ (LSE Middle East Centre Blog, 26 September 2023) <https://blogs.lse.ac.uk/mec/2023/09/26/as-iraq-backslides-on-gender-equality-where-are-its-women-mps/\> accessed 11 November 2024.

[9] Girls Not Brides, ‘Iraq: New Draft Bill Could Allow Girls as Young as 9 Years Old to Get Married’ (16 March 2023) https://www.girlsnotbrides.org/articles/iraq-new-draft-bill-could-allow-girls-as-young-as-9-years-old-to-get-married/\ accessed 11 November 2024.

[10] ibid (n 8).

[11] ibid, (n 5).