Iraq is proposing a law change that could potentially allow girls as young as nine to get married, a move that would roll back decades of social progress in the Middle Eastern country. The government is considering changing clause 188 of the Personal Status Law of 1959, which would give citizens the option to choose either religious authorities or the civil judiciary to decide on family affairs. This change has raised concerns about the potential for the minimum age of marriage to be lowered to below 18, sparking protests against the proposed law.
The Personal Status Law of 1959 was considered revolutionary for the Middle East at the time, as it also prohibited men from taking a second wife and allowed Muslim men to marry non-Islamic women. However, the proposed changes to the law have resurfaced in the Iraqi parliament after receiving the support of powerful Shiite blocs, despite being withdrawn in July due to objections from lawmakers.
Constitutional expert Zaid al-Ali explained that the 1959 law borrowed progressive rules from different sects, causing tension with Islamic authorities. Since the US-led invasion in 2003, there have been several attempts to revert to traditional Islamic rules and abolish the existing law. Despite the current law, a significant number of Iraqi females are already married before the age of 18, highlighting the urgency of addressing this issue.
The proposed changes could potentially allow boys as young as 15 to get married, although it is unlikely that the law would effectively ban homosexuality. Human Rights Watch researcher Sarah Sanbar expressed concerns that passing this law would signify a step backward for the country, rather than progress.
In contrast, England and Wales have raised the legal age for marriages and civil partnerships to 18, with severe penalties for those who arrange child marriages. Other countries, such as Iran, Equatorial Guinea, and São Tomé and Príncipe, allow children to marry at younger ages with parental consent, while the majority of nations worldwide have set 18 as the minimum age for marriage without parental approval.
On the other hand, there are countries that have set the minimum legal marriage age higher than 18, such as Botswana, Burundi, and Cameroon, where individuals must be 21 years old to legally marry. Sudan, which previously allowed Muslim children to marry at puberty, changed its policy in late 2020 to outlaw child marriage and set the legal age at 18.
Iraq’s proposed law change to allow underage marriage is a concerning development that could have far-reaching consequences for the rights and well-being of young girls in the country. It is essential for lawmakers to prioritize the protection of children and uphold international standards for marriage age limits to ensure the safety and welfare of all individuals.