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Iraqi lawmakers have stirred controversy with a proposed amendment to the 1959 Personal Status Law that seeks to lower the legal marriage age to nine, citing Islamic law
Iraqi lawmakers have stirred controversy with a proposed amendment to the 1959 Personal Status Law that seeks to lower the legal marriage age to nine, citing Islamic law as its basis. The proposal, which would also limit women’s rights in areas such as divorce, child custody, and inheritance, has drawn fierce backlash from both international human rights groups and segments of Iraqi society.
A group of lawmakers from Iraq’s parliament has put forward amendments to the country’s long-standing Personal Status Law. In addition to permitting girls as young as nine to marry, the proposed changes would give clerics greater authority over family matters, effectively prioritizing interpretations of religious law over civil statutes in key family issues.
“This is a step backward for Iraq,” says legal analyst and human rights advocate Leila Hussein. “Lowering the marriage age to nine not only threatens the rights and safety of young girls but also reinforces inequality in personal and family laws.” She adds that such an amendment would impact women’s autonomy and restrict their rights across various facets of personal life.
Supporters of the proposed amendment claim that their suggested reforms align with traditional Islamic values. They argue that Islamic law, or Sharia, allows for early marriage and that the current Personal Status Law is too influenced by Western principles. They suggest that revising it to align with religious teachings would help preserve Iraqi traditions and the nation’s cultural identity.
“This amendment honors Iraq’s rich Islamic heritage,” stated MP Ali Abdul Karim, one of the proposal’s key backers. “We believe that implementing religious guidance within family law will foster stronger, morally grounded families.”
However, critics argue that this move undermines protections for girls and women, particularly when it comes to decisions about marriage, child custody, and divorce. Under the existing law, the legal marriage age is 18, with some provisions for 15-year-olds under certain circumstances.
International organizations and human rights activists have condemned the proposal, warning it would lead to increased child marriages and limit women’s rights. The United Nations has voiced its concerns, highlighting that child marriage is recognized globally as a violation of children’s rights.
“Child marriage is an affront to basic human rights and can lead to lifelong consequences for affected individuals,” said Michelle Bachelet, United Nations High Commissioner for Human Rights. “This proposed amendment would effectively legalize child abuse.”
Additionally, several organizations within Iraq are also pushing back. Local activists argue that the proposal would set the country back in terms of gender equality and personal freedoms. Campaigners have mobilized protests across Baghdad and in several provincial cities to express their disapproval, calling on lawmakers to reject any law that permits child marriage or further restricts women’s rights.
The amendment would do more than lower the marriage age. It proposes shifting authority over divorce, inheritance, and custody from civil courts to religious figures, potentially removing many safeguards provided by the existing legal framework. These shifts could make it harder for women to access divorce, fight for custody, or claim inheritance rights, particularly in cases where religious interpretations may favor men.
“It’s a sweeping change that would devastate family law for women,” said attorney Hana Al-Khafaji. “By giving religious figures control over family matters, the proposed amendment effectively strips women of the protections they have under civil law.”
In addition, the proposal has raised concerns about its implications for Iraq’s future. According to some analysts, enacting such laws could further isolate Iraq from the international community and undermine the progress made on human rights since the fall of Saddam Hussein’s regime.
Iraq’s 1959 Personal Status Law is one of the most progressive family laws in the Middle East, widely lauded for its protection of women’s rights. Since its introduction, the law has stood as a barrier against gender-based inequality in areas such as marriage, divorce, and inheritance. Though it has been amended over the years, it has largely retained its emphasis on gender equality and the secular nature of personal status issues.
Yet in recent years, there has been a growing push from conservative factions within Iraq’s parliament to amend the law in favor of religious interpretations, citing a desire to return to traditional values. Observers note that this latest proposal is part of a broader struggle between Iraq’s secular and religious segments, each vying to shape the country’s future.
The Iraqi parliament has yet to vote on the proposed amendment, and the debate continues to heat up as advocacy groups and citizens make their voices heard. Internationally, the proposal has sparked discussions about child marriage, human rights, and gender equality in Iraq.
Many Iraqis hope the government will reject the proposal, viewing it as a setback to the hard-won gains made for women’s rights and child protection. However, with influential voices pushing for the changes, the outcome remains uncertain.
For now, Iraq stands at a critical crossroads, and the world is watching to see how its leaders will balance the country’s rich religious heritage with the need to protect the rights of all its citizens.
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