In Iraq, the delicate balance between tradition and modernity is being tested once again. The latest challenge comes in the form of a proposed bill that would lower the legal marriage age for girls to nine and for boys to fifteen. This controversial amendment to the Personal Status Law has sparked widespread outrage and debate across the country. It’s not just a legal issue but a profound societal question: What kind of future do we envision for our children, especially our daughters?
The proposed changes to Iraq’s marriage laws are not happening in a vacuum. They are part of a broader trend of increasing the influence of religious authorities over civil matters.
While some see this as a return to cultural roots, others view it as a dangerous regression that threatens to undo decades of progress in women’s rights. As the bill moves through the legislative process, the outcome will have far-reaching implications, not just for Iraq’s legal system but for the very fabric of its society.
A Legal Shift with Deep Roots in Tradition
Iraq’s current Personal Status Law, established in 1959, is widely regarded as one of the most progressive in the Middle East. It sets the minimum marriage age at eighteen and imposes strict regulations on practices like polygamy. These laws were designed to protect women’s rights and ensure that marriage was a consensual, adult decision. However, the new bill seeks to overturn these protections by allowing religious courts to determine marriage eligibility, potentially lowering the age of consent to as young as nine for girls.
This move has sparked fierce opposition from women’s rights groups and human rights organizations both within Iraq and internationally.
Critics argue that the bill is not just a step backward for women’s rights but a direct assault on the safety and well-being of young girls. By allowing religious courts to set their own marriage rules, the bill could pave the way for child marriages, which are widely recognized as a form of child abuse.
The proposed changes also reflect deeper societal tensions between Iraq’s various religious and ethnic groups. In recent years, Iraq has seen a resurgence of sectarianism, with different religious communities vying for greater control over personal and family matters. This bill is part of that broader struggle, as religious leaders seek to impose their own interpretations of Islamic law on the country’s legal system.
Economic Pressures and the Rise of Child Marriage
The debate over Iraq’s marriage laws cannot be separated from the country’s economic context. Iraq’s economy has been under severe strain for years, exacerbated by falling oil prices, the ongoing conflict with ISIS, and widespread corruption. Between 2013 and 2017, Iraq’s GDP shrank from $235 billion to $197 billion, a decline that has had devastating consequences for ordinary Iraqis.
For many families, the economic pressures have been overwhelming, leading to an increase in child marriages as a way to cope with poverty.
In 1997, 15 percent of Iraqi women were married before the age of 18. By 2016, that figure had risen to 24 percent, with nearly 5 percent of girls married before the age of 15.
This alarming trend is closely linked to the economic collapse and the rise of extremist groups like ISIS, which have exploited the vulnerability of impoverished families.
The problem with child marriage extends beyond being a harmful practice. Farah Ismail's experience serves as a striking example of how cultural and financial influences can deprive young girls of their autonomy even before they have the chance to fully understand their own identity. At the tender age of 13, Farah was thrust into a situation that she had no control over, her future decided by the very people who were supposed to protect and nurture her. Instead of being able to explore her interests, pursue an education, or simply enjoy her childhood, she was forced into a marriage with a man more than twice her age—a man she had no say in choosing.
Child marriage is a profound violation of a girl's basic rights. It robs her of her childhood, often trapping her in a cycle of poverty, limited education, and poor health.
The psychological impact of being married off at such a young age can be devastating, leading to feelings of powerlessness, anxiety, and depression. In many cases, these girls are expected to take on the responsibilities of adult women—managing households, bearing children—before they are emotionally or physically ready. This premature transition into adulthood leaves them vulnerable, isolated, and with little to no support system to rely on.
In Muslim-majority countries, where religious and cultural norms are deeply intertwined, the practice of child marriage is often justified under the guise of protecting a girl's honor and securing her future.
However, this reasoning is deeply flawed. Rather than safeguarding these young girls, child marriage perpetuates a cycle of oppression and limits their potential. It reinforces the notion that a girl's worth is tied to her marital status, rather than her abilities, aspirations, or dreams.
The societal pressure to conform to traditional roles is particularly strong in these regions, where girls are often taught from a young age that their primary value lies in their ability to maintain the family's honor through marriage. This pressure, combined with the legal frameworks in some countries that permit or even encourage child marriage, creates an environment where girls like Farah have little chance of escaping this fate. The restrictive nature of these societies means that girls who are married off at a young age are often cut off from education, economic opportunities, and the ability to make choices about their own lives.
The consequences of child marriage are far-reaching. It perpetuates gender inequality, keeps families in poverty, and undermines the development of entire communities. When girls are denied the chance to grow, learn, and contribute to society, everyone suffers. Ending child marriage is not just about protecting individual girls—it's about challenging and changing the deep-seated beliefs that allow this practice to continue. It's about creating a world where every girl, regardless of where she is born, has the right to choose her own future, free from the constraints of outdated traditions and oppressive norms.
The Role of Religious and Cultural Norms
Religion plays a significant role in shaping attitudes toward marriage in Iraq. Many religious leaders argue that early marriage is sanctioned by Islamic law and is necessary to protect young girls from the dangers of premarital sex and other moral threats. In Iraq’s parliament, supporters of the new marriage bill have framed it as a way to protect the honor of young women and ensure their security.
Hamid al-Khudhari, an Iraqi lawmaker and a sponsor of the bill, has argued that marriage is “the best way to protect young women from rape and harassment by giving them the security provided by a husband and the blessings of religious matrimony.” For al-Khudhari and others like him, the proposed law is about upholding traditional values and preserving the integrity of Iraqi society.
However, critics argue that this approach is deeply flawed and dangerous. They contend that lowering the marriage age to as young as nine legalizes what is essentially child sexual abuse. Siham Wandi, a former Iraqi diplomat and child protection advocate, has been vocal in her opposition to the bill. “The law violates international human rights conventions and is humiliating to women and enables pedophilia,” she says. “I see no religious justification for such a law.”
Wandi’s concerns are echoed by many human rights organizations, which warn that the bill could have devastating consequences for young girls. Child marriage is known to have serious physical and psychological effects on girls, including an increased risk of domestic violence, sexual exploitation, and early pregnancy. These marriages often force girls to drop out of school, limiting their opportunities for education and economic independence.
Perspective from Human Rights Organizations
The UNFPA’s report on child marriage in the Kurdistan region of Iraq provides a stark reminder of the human cost of early marriage. The report details how child marriage deprives girls of their childhood, education, and opportunities in life. It also highlights the severe physical, psychological, and social harm that these marriages inflict on young girls.
In the Kurdistan region, the issue of child marriage is exacerbated by a combination of traditional, religious, and economic factors. The influx of refugees and internally displaced persons (IDPs) from Syria and other parts of Iraq has further intensified the problem. The precarious living conditions faced by these populations, including limited access to basic health services, education, and employment, often push families to marry off their young daughters in the hope of securing their safety and reducing economic burdens.
As a result, child marriage rates remain alarmingly high. The report notes that 22% of Iraqi girls are married before the age of 18, and 5% are married before they turn 15. These statistics are a stark reminder of the urgent need for legal and societal reforms to protect young girls from the dangers of early marriage.
Human Rights Watch has expressed grave concerns over the proposed legislation, emphasizing that it would undermine the fundamental rights of women and girls in Iraq. The organization highlights that the bill violates Iraq's obligations under international human rights law, including the Convention on the Rights of the Child, which Iraq has ratified. This convention mandates the protection of children from harmful practices such as child marriage, and by lowering the marriage age, Iraq would be failing to uphold these commitments.
Moreover, Human Rights Watch warns that the bill could lead to an increase in unregistered marriages, which often occur without the knowledge or consent of the girls involved and leave them without legal protections in cases of abuse, divorce, or abandonment. The organization also points out that child marriage often results in girls dropping out of school, limiting their opportunities for education and economic independence, and perpetuating cycles of poverty and inequality.
The Wider Regional Context
The debate over Iraq’s marriage laws is part of a broader trend across the Middle East, where conservative religious groups are pushing to lower the marriage age in many countries. In Turkey, President Recep Tayyip Erdoğan signed the “mufti law” in 2017, which allows religious officials to perform marriages once males and females reach puberty. In Egypt, Salafi clerics in rural areas have also clamored to lower the marriage age from 18, arguing that girls mature earlier and should be married off younger.
This regional push to lower marriage ages is often framed as a way to protect young women and preserve traditional values. However, critics argue that these laws are deeply harmful to women and girls and represent a significant step backward in the fight for gender equality. By lowering the marriage age, these laws effectively legalize child sexual abuse and deny girls the opportunity to pursue education or join the workforce.
Opposition and Societal Impact
The proposed amendments have elicited strong reactions from various sectors of Iraqi society. Women’s rights activists argue that lowering the marriage age effectively legalizes child marriage and perpetuates what they term as "child rape." Critics, including prominent activists like Suhalia Al Assam and Nadia Mahmood, assert that the bill reflects a troubling shift towards sectarianism and the suppression of women's rights. Al Assam's critique highlights a crucial issue: the gap between the legislators' public policies and their personal behavior. This tension highlights a broader societal divide over the role of women and the influence of religious authorities in personal affairs.
The bill’s introduction is also seen as a reaction to the increased visibility and influence of feminist and gender organizations in Iraq, particularly following the 2019 youth protests that highlighted the role of women in advocating for change. Activists suggest that the bill represents an attempt by conservative political forces to curb the empowerment of women and limit their influence in societal and political spheres.
The Path Forward and the Struggle for Equality
As the bill continues to move through the legislative process, its future remains uncertain. The strong opposition from female MPs, civil society groups, and international organizations indicates that the bill will face significant challenges before it can be enacted into law. However, the outcome of this legislative battle will likely hinge on the ability of these groups to mobilize public opinion and exert pressure on key decision-makers in Parliament.
This legislative push highlights the ongoing struggle between progressive and conservative forces in Iraq. It reflects broader global challenges in balancing religious and secular principles in the governance of personal affairs, particularly in countries with diverse religious populations. The debate surrounding this bill is not just about legal age limits for marriage; it is a battle over the future direction of Iraq's approach to women’s rights, gender equality, and the role of religious authorities in public life.
The proposed amendments to Iraq's marriage laws are crucial for its legal and societal landscape.
The outcome of this debate will not only determine the legal status of marriage in Iraq but will also signal the country's commitment to upholding or undermining women’s rights.
The international community, along with human rights organizations like Human Rights Watch and UNFPA, will be closely monitoring the developments, as the implications of this legislation extend far beyond Iraq, touching on fundamental issues of human dignity, equality, and the rights of women and children.
The future of Iraq’s young girls hangs in the balance. The decisions made in the coming months will determine whether the country moves forward into an era of greater equality and justice or slips backward into a time when the rights of women and girls were easily sacrificed on the altar of tradition.