The Iraqi Parliament is preparing to discuss a draft law aimed at amending the Personal Status Law, which threatens the rights of women and children significantly. Under this amendment, religious authorities would be granted the right to regulate matters of marriage and inheritance instead of civil law, leading to catastrophic results for the rights of women and girls. The Parliament completed the first reading of this project on August 4, 2024, with two additional readings scheduled before the final vote on the law.
If this amendment is approved, it would allow girls to marry at a very young age, potentially as young as nine, exposing them to the risks of physical and sexual violence and negatively impacting their physical and mental health. Additionally, it would result in a setback in women's rights concerning divorce and inheritance, constituting a blatant violation of the principles of equality recognized by both Iraqi and international law.
Sarah Sunbar, a researcher at Human Rights Watch, asserted that passing this law would be a catastrophic step backward, depriving girls of education and work opportunities while imposing child marriage upon them. The organization indicated that the proposed amendment would legalize child marriage, exacerbating a growing problem in Iraq instead of working to resolve it.
In response to this project, human rights organizations and Iraqi activists have organized widespread protests, while over 15 female lawmakers from various parties have taken action to reject this law. It is worth noting that the Parliament attempted to introduce similar amendments in 2014 and 2017, but they were not approved at that time.
The amendment also includes the legalization of unregistered marriages conducted by religious leaders, which are currently deemed illegal under existing laws, as well as the removal of criminal penalties imposed on such marriages. A UNICEF report indicates that 28% of girls in Iraq are married before the age of 18, with up to 22% of unregistered marriages involving girls under the age of 14.
Another alarming aspect of the amendment is the deprivation of divorced women from rights currently guaranteed by law, including the right to remain in the marital home and receive alimony. Under the application of Sharia provisions, women would lose many of these protections and face limitations on their inheritance rights, as daughters inherit far less than sons.
Finally, the amendment includes a proposal to establish religious councils to formulate a charter for the legal provisions related to personal status, further entrenching sectarian divisions in Iraq and undermining equality among all citizens.
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