Middle East state considers legalizing child marriages

Proposed changes to Iraqi law have alarmed women and children’s rights activists

Iraq’s parliament has passed the first reading of proposed changes to a law which would reportedly allow girls to marry before the age of 15. Opponents have raised concerns that the legislation could deprive women and girls of basic rights.

If approved, amendments to the bill would allow Iraqis to choose to follow religious rules to govern matters related to marriage and family. In particular, the changed legislation would grant Muslim clerics the right to finalize marriage contracts outside the court system, potentially legalizing child marriages. Human rights campaigners also argue that the bill would deepen sectarian divides in the Middle East nation.

In late July, the Iraqi parliament dropped the proposed changes after facing opposition from several lawmakers and widespread public criticism. However, the amendments were brought back in an August 4 session after getting broad support from Shiite blocs which currently dominate the chamber.

The 1959 law “borrowed the most progressive rules of each different sect, causing a huge source of irritation for Islamic authorities,” constitutional expert Zaid al-Ali told AFP news agency.

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Back in July, the issue was met with widespread public criticism, with people gathering at Tahrir Square in Baghdad to protest against the controversial bill. Activists are planning to protest again later on Thursday, AFP noted.

Raed al-Maliki, the MP who brought the changes forward, denied that the updated bill allows the marriage of minors. According to the lawmaker, “objections to the law come from a malicious agenda that seeks to deny a significant portion of the Iraqi population” the right to have “their personal status determined by their beliefs.”

However, Amnesty International’s Iraq researcher Razaw Salihy has said that enshrining religious freedom in law with “vague and undefined language” could “strip women and girls of rights and safety.”

The current Personal Status Law sets 18 as the legal age for marriage for both men and women, but allows men and women to be married at age 15 with the permission of a judge and their legal guardian.

According to the United Nations children’s agency, UNICEF, 28% of Iraqi women were first married before the age of 18, with no differences between urban and rural women, while 7% of these women were married before the age of 15.