Massive Outcry as Iraq plans to reduce the legal age of marriage for girls to 9 years
This move could further raise concerns, as it may spread sectarianism in the country and hand more power to religious clerics over civil courts.
Iraq’s proposal to amend its personal status law by lowering the legal age of marriage for girls from 15 to 9 has ignited a firestorm of global criticism. This potential legislative change has alarmed women’s rights activists and human rights organizations, raising concerns about the future of child marriage in the country. The debate centres around the implications of such a shift and its potential impact on both Iraqi society and international human rights standards.
Concerns Over Lowering the Legal Age of Marriage
The proposed amendment to Iraq’s personal status law, spearheaded by Islamist Shiite parliamentarians, seeks to lower the legal age of marriage significantly. If enacted, this change could legalize child marriage, allowing girls as young as nine to be married. Critics argue that such a move would undermine the progress made in women’s rights and child protection. Suhalia Al Assam, a prominent women’s rights activist, has voiced her objections strongly. In a statement to The National, she questioned whether the politicians pushing for this amendment would permit their own daughters to marry at such a young age, highlighting the perceived hypocrisy in their actions.
The potential lowering of the legal age of marriage also raises concerns about sectarian influence on personal status matters. The amendment could grant greater authority to religious clerics over civil courts and enable officials from Shiite and Sunni endowments to annul marriages. This shift could further entrench sectarianism in Iraq, shifting personal status decisions from the civil realm to religious authorities.
The proposal has drawn widespread condemnation from both within Iraq and internationally. Activists and organizations have planned mass protests against the amendment, with a demonstration scheduled in Baghdad to express opposition to the changes. The widespread dissent reflects a broader resistance to the perceived regression in women’s rights and child protection.
The Current Legal Age of Marriage in Iraq
Iraq’s existing personal status law, enacted in 1959, is recognized as one of the most progressive in the Middle East regarding women’s rights. The law sets the legal age of marriage at 18 for both genders, aligning with international standards for protecting children and promoting gender equality. It also prohibits polygamy and allows for interfaith marriages without restrictions. Additionally, the law provides significant protections for women, including the right to refuse to live with a husband who fails to provide suitable housing and care.
The 1959 law was developed with input from specialists, lawyers, religious leaders, and experts to address gender inequality and promote fairness. It represents a significant step forward in the region’s efforts to improve women’s rights and protect children from early and forced marriages.
The proposed amendment, which seeks to lower the legal age of marriage, contradicts these progressive principles. By allowing marriages at such a young age, the amendment threatens to erode the legal protections established under the current law. The shift also risks violating international obligations, such as those outlined in the Convention on the Rights of the Child, which Iraq is a party to. This international treaty sets standards for the protection of children and opposes practices that undermine their development and well-being.
The debate over the legal age of marriage in Iraq highlights a critical juncture in the country’s approach to personal status laws and human rights. While the current law represents a significant achievement in the protection of women’s rights and child welfare, the proposed changes could roll back these advancements and exacerbate existing issues related to child marriage and sectarianism.
In conclusion, the potential lowering of the legal age of marriage in Iraq is a contentious issue with far-reaching implications. As activists and organizations continue to advocate for the protection of children’s rights and gender equality, the future of the personal status law will be a crucial factor in determining Iraq’s commitment to these values. The international community’s response and the ongoing domestic debate will play a significant role in shaping the outcome of this critical issue.
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