By Charles Switzer
1:46pm PST, Jan 23, 2025
'A Step Backward'
In a controversial move sparking protests and international condemnation, Iraq has amended its personal status law to allow child marriage, with girls as young as nine eligible under the provisions of Ja'fari Islamic law,
The Sun reported.
The changes, which shift authority over marriage and family matters from civil courts to religious sects, have been described by activists as a direct assault on women's and children's rights.
Human rights advocate
Intisar al-Mayali warned of the "disastrous effects" on Iraq's progress, as critics argue the amendments dismantle decades of legal safeguards for vulnerable populations, normalizing child exploitation under the guise of religious tradition.
Here's how this enforcement is unfolding.
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Religious Interpretation Reigns Over Civil Judiciary
The amendments rely on Ja'fari jurisprudence, which is guided by Ijtihad, or independent reasoning by Islamic legal experts. Under these changes, religious sects, rather than civil courts, will preside over marriage, divorce and inheritance. Critics fear this undermines Iraq's civil judiciary and grants unchecked power to religious leaders.
Women's rights groups argue that this development jeopardizes safeguards for women and children, leaving them "vulnerable to exploitation and abuse."
Yanar Mohammed, president of the Organization of Women's Freedom in Iraq, described the legislation as a "terrorizing" step backward, stripping women of hard-won rights.
"It reinforces patriarchal norms that prioritize sectarian doctrines over gender equality and child protection," she explained.
Protests and Parliamentary Chaos
Protests have erupted nationwide, with demonstrators calling for the repeal of the amendments. Inside parliament, the voting process descended into disarray.
A parliamentary official revealed, "Half of the lawmakers present in the session did not vote, which broke the legal quorum." Despite this, the amendments were pushed through, bundled with unrelated laws to secure support.
Independent MP Raid al-Maliki admitted, "The civil status law had support, but combining it with other laws has created confusion and could lead to a legal challenge in the Federal Court."
Opponents argue that the chaotic process highlights the law's lack of legitimacy.
The Role of Shiite and Sunni Sects
The amendments grant Sunni and Shia religious sects unprecedented influence over marriages. Shiite lawmakers, in particular, championed the changes as a move away from Western influences, asserting the importance of aligning with
Islamic principles. However, critics warn that this shift could deepen sectarian divides and enable sect leaders to dictate personal status matters without oversight.
The amendments also allow unregistered marriages — often involving girls under 14 — to gain legal recognition. Women's rights activists fear this could normalize child marriage and perpetuate systemic abuses under the guise of religious adherence.
A Broader Legislative Agenda
In addition to legalizing child marriage, Iraq's parliament passed a controversial amnesty law benefiting Sunni detainees, many of whom face charges related to corruption and embezzlement. These legislative changes, framed as steps to "enhance justice," have faced backlash for prioritizing sectarian interests over the welfare of citizens.
Human rights groups view these moves as indicative of a broader effort to entrench sectarian dominance in Iraq's legal and political systems. As Mohammed emphasized, "This legislation doesn't just harm women — it destabilizes the entire fabric of Iraqi society."
