Change in the law

Marriage with 9-year-olds could become legal in Iraq

(Bild: APA/AFP)

The government in Iraq wants to severely curtail women's rights. Among other things, the age of consent for marriage is to be lowered to nine years - allowing men to marry young children. In addition, women's rights to divorce, custody and inheritance are to be revoked.

The draft law is causing international outrage: several conservative Shiite parties are planning to amend the Personal Status Act and thus massively restrict the freedoms and rights of girls and women.

Act 188 from 1959 attempted to regulate gender relations fairly: Polygamy was banned and the age of marriage was raised to 18. Marriages had to be registered with the state authorities. It secures custody rights, as well as claims to maintenance or dowry. It is one of the most progressive pieces of legislation in the Middle East. 

According to the government's plans, these "privileges" are now to be massively curtailed. Women will no longer have the right to divorce, custody and inheritance. The justification for this step is rather bizarre: "To protect young girls from immoral relationships", as the Shiite parties explain according to the Telegraph.

A demonstration in Baghdad in summer 2024 against child marriages

(Bild: AFP )

Amendment has a good chance of being implemented
In 2014 and 2017, attempts to amend the Personal Status Law failed. The headwind from Iraqi women was too great. However, the political situation has now changed: The coalition has a large majority in parliament and could push the amendment through. "It's never been this close," Renad Mansour, an expert from the British think tank Chatham House, told the British newspaper. "The bill has more momentum than ever before, mainly because of the Shia parties."

Measure would "erase women's rights"
Experts are alarmed. "The amendment would not only undermine these rights," said Sarah Sanbar, Iraq expert at Human Rights Watch. "It would extinguish them."

Child marriages already possible in Iraq
Despite Law 188, the number of child marriages in Iraq is high. As reported by the children's charity UNICEF, 28 percent of Iraqi women are married by the age of 18. This is due to a loophole in the civil status law. With the father's permission, 15-year-old girls can marry if it is performed by a religious leader instead of a court. These marriages are not registered and therefore not legally recognized - the wives are therefore denied numerous rights.