Iraqi human rights activists have expressed deep concern over proposed amendments to the Personal Status Law No. 188 of 1959, which they see as a serious violation of the rights of women and children.
A key point of contention is the proposed provision to allow the marriage of girls as young as nine years old. Critics argue that this amendment would not only legalise child marriage but also reinforce tribalism and sectarianism in Iraq, further destabilising the country. Diyarî Fereydun, a journalist and women’s rights activist, expressed grave concerns: “This amendment is a product of a patriarchal mindset and lacks any moral or humanitarian value. It would pave the way for the physical and psychological exploitation of children. This law is an attack not only on women and children, but on society as a whole.”
Fereydun also called on women’s rights organisations and activists to unite in opposition and urged them to launch a petition campaign to prevent the law from being passed.
Similarly, Peyman Ezedîn, a lawyer and former MP for the Kurdistan Region of Iraq (KRI), warned that the amendments could create significant divisions within Iraqi society. “This law will lead to a society where decisions on marriage, divorce, inheritance, and child custody are based on sectarian beliefs rather than legal standards,” Ezedîn stated. “Those pushing for this law are Sunni and Shia factions, and if passed, it would effectively dismantle the authority of courts and laws in Iraq, turning the country into a theocratic state.”
The draft law has also been criticised for its potential to further entrench the power of religious courts and clerics, allowing them to dictate personal status laws, including those relating to marriage, divorce, and inheritance. This has led to concerns that the law could impose more conservative interpretations of Islamic law on Iraq’s diverse population, particularly affecting women and minorities.
There have been widespread protests across Iraq in response to the draft law, with demonstrators calling for the protection of children’s rights and the preservation of Iraq’s secular legal framework. Many are concerned that the law represents a step backwards for the country in terms of human rights and gender equality. Furthermore, Human Rights Watch (HRW) has warned that Iraq’s proposed law to legalise child marriage would severely undermine the rights and futures of women and girls, potentially reversing decades of progress.
The controversy surrounding the draft law highlights the ongoing struggle within Iraq between conservative religious forces and those advocating for a more secular, rights-based legal system. The outcome of the debate will have significant implications for the future of Iraq’s legal and social landscape.
