The Iraqi Parliament is currently grappling with a highly contentious bill that proposes amendments to the Personal Status Law of 1959, raising alarms among women's rights activists and civil society organizations. The proposed changes, spearheaded by a coalition of conservative Shia Islamist parties, aim to lower the legal marriage age for girls to as young as nine, a move that many fear could institutionalize child marriage and undermine decades of progress in women's rights.
Historical Context of the Personal Status Law
Introduced by the Abdul-Karim Qasim government in 1959, the Personal Status Law was hailed as a landmark legislation for women's rights in the Middle East. It established 18 as the legal age for marriage for both genders and included provisions that restricted polygamy and allowed Muslim men to marry non-Muslim women without preconditions. Additionally, the law permitted marriages at age 15 with judicial and guardian consent, ensuring a framework that aimed to protect women's rights in personal matters.
Proposed Changes and Their Implications
The new draft bill seeks to amend Law No. 188, mandating that couples choose between Sunni and Shia sects for resolving personal status issues. In marital disputes, the husband's sect would prevail unless proven otherwise, effectively sidelining women's rights in these matters. The bill also requires Shia and Sunni endowments to submit a "code of legal rulings" to the Parliament, with the Shia code based on "Jaafari jurisprudence," which permits marriage for girls as young as nine and boys at fifteen.
These changes have sparked outrage among activists who argue that they could exacerbate existing gender inequalities and increase the prevalence of child marriage. According to UNICEF, 28% of girls in Iraq are married before the age of 18, and the new amendments could further entrench this issue by removing existing age restrictions.
Public Outcry and Opposition
The backlash against the proposed amendments has been swift and widespread. Women's rights organizations, including the Organisation for Women’s Freedom in Iraq, have organized protests, calling for the rejection of the bill. Demonstrators have taken to the streets, holding placards with messages such as “No to underage marriage” and “The era of female slavery is over.” Activists argue that the amendments not only threaten women’s rights but also risk deepening sectarian divisions within Iraqi society.
Iraqi MP Aso Feridun has voiced strong opposition, stating that marrying children at such a young age poses a serious threat to society. Despite the growing dissent, the Coordination Framework, which supports the amendments, insists that the changes are constitutional and aligned with Sharia principles.
The Broader Impact on Iraqi Society
The proposed amendments have raised concerns about the potential for increased clerical control over family matters, as they would allow clerics to finalize marriages rather than courts. This shift could lead to a legal framework that prioritizes sectarian interpretations over individual rights, further marginalizing women and children in Iraqi society.
Legal experts and human rights advocates warn that the passage of this bill could lead to a rollback of rights that have been hard-won since the fall of Saddam Hussein. Previous versions of the bill have included alarming provisions, such as prohibiting Muslim men from marrying non-Muslim women and legalizing marital rape, which have since been removed but still raise concerns about the underlying intentions of the lawmakers.
As Iraq stands at a crossroads, the proposed amendments to the Personal Status Law represent a significant threat to the rights of women and children. The ongoing debate highlights the struggle for gender equality in a country where sectarian politics increasingly influence personal rights. Activists continue to mobilize against the bill, emphasizing the need for a legal framework that protects the rights of all citizens, regardless of gender or sect. The outcome of this legislative battle will undoubtedly shape the future of women's rights in Iraq for years to come.
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