In Iraq, part of the Middle East and North Africa, working women account for just 1% of the population – the lowest in the region. World Bank data highlights the challenging situation women face, including domestic violence and early marriages. Now, Iraq is taking this to extreme levels with a new bill that could legalize marriage for 9-year-old girls, causing an uproar among human rights organizations.
What is the Existing Law?
According to Middle East Eye, changes are being considered for the Personal Status Law, Article 188 from 1959, introduced under Abdul Karim Qasim's government, a progressive leftist at the time. This law established 18 as the minimum age for marriage, hailed as one of the best in the Middle East by late 1950s standards.
The law also addressed issues like prohibiting men from taking multiple wives arbitrarily and allowing Muslim men to marry non-Muslim women without preconditions. However, the law permitted exceptions, allowing marriages at 15 with family and judicial approval.
Who is Proposing the New Law?
Shia Islamist parties have drafted a framework calling for these changes. Currently, Iraq is governed by Prime Minister Mohammed Shia al-Sudani, a Shia backed by Shia parties, who significantly influence government decisions in the Shia-majority state.
Source: aajtak
What Is Shocking in the Bill?
The proposed bill mandates that couples must choose either Sunni or Shia jurisprudence for resolving personal disputes. In case of disagreement, the husband's faith prevails. The bill is based on Ja'fari law, addressing marriage, divorce, adoption, and inheritance, and legalizes marriage for girls at 9 and boys at 15.
Previous versions of the law prohibited Muslim men from marrying non-Muslim women and validated marital rape. It even mandated wives needed their husband's permission to leave the house. The new bill primarily focuses on reducing the marriage age.
Why Lower the Age?
Shia parties argue that amending the Personal Status Law aligns with the constitution, allowing Iraqi families to decide when their children should marry.
Source: aajtak
According to international NGO Girls Not Brides, despite the legal age of 18, 7% of girls still marry before 15, and 28% before 18.
Why Is Iraq in This State?
Iraq has struggled with war for decades, finding little stability even after gaining some peace almost 20 years ago. The country continues to receive refugees from Syria and other nations. In 2023, over 250,000 registered Syrian refugees reside in Iraq, along with many from Turkey, Iran, and Yemen.
Most Refugees Marry Young
These refugees lack proper living conditions and trust with locals, fostering fear and leading to child marriages as a protective measure. Early marriages are common among refugees.
Source: aajtak
Child Marriage in the U.S.
Even in supposedly progressive countries like the U.S., child marriage is legal. A 2016 Pew Research study identified 117 countries where child marriage is legal, including the U.S, where most states set 18 as the minimum age but allow exceptions with parental or judicial consent or in special circumstances.
Some states have set the legal age at 16, with provisions for those younger under specific conditions. States like Delaware, New Jersey, and Pennsylvania have banned child marriage, but the practice persists elsewhere.
A 2021 study by the American NGO Unchained At Last examined data from the past two decades, revealing 80% of girls marry before 18.
Which Countries Have the Highest Child Marriage Rates?
Niger has the highest rates, with over 75% of girls marrying before 18, and 30% before 15.
Chad and Malawi follow, with the minimum marriage age set at 15, though many marry even younger.
In South Sudan, most girls marry before 18.
