Concerning Legal Changes Could Propel Child Marriage Rates in Iraq

Shaima Saadoun is haunted by the memory of being forced into a marriage with a 39-year-old man when she had just turned 13.

Her poor family hoped that the dowry of gold and money would help them. The husband showed a bloody piece of cloth to prove her “virginity” after the wedding night.

– It was expected of me that I should be a wife and mother while I was still a child myself. No child or teenager should be forced to go through what I did, says Saadoun. She divorced her husband when she was 30, and is now 44 years old.

Illegal

The marriage Saadoun was forced into was illegal, but a judge – who was related to her husband – approved it anyway. In most cases, you must be 18 to get married in Iraq.

But that could change soon.

Iraq’s National Assembly is considering some controversial legislative changes that could give religious leaders more power over the country’s family law, which rights groups and opponents warn could lead to girls as young as nine being forced into marriage.

Different interpretations

It is mainly powerful Shia Muslim political factions, supported by religious leaders, who have pushed forward the possible changes to the law.

The proposed changes to the law would allow Iraqis to turn to religious courts in matters of family law, including marriage. It is currently the only area over which the country’s civil courts have jurisdiction.

The changes would allow clerics to rule according to their interpretation of sharia, Islamic law, as opposed to national laws.

Some clerics interpret sharia so that it allows girls to marry in their early teens – but the Jaafari interpretation of sharia, which many Shia Muslim religious authorities adhere to, allows girls as young as nine to marry.

– Prioritizes the husband

Many Iraqi women have reacted to the possible changes to the law with horror. Protests have been held outside the National Assembly and on social media.

– Knocking through a law that takes the country back 1,500 years is shameful, and we will continue to fight against it until our last breath, Heba al-Dabbouni told AP during a protest in August.

– The Iraqi National Assembly’s job is to pass laws that make society better.

On the other hand, conservative politicians believe that the changes give people a choice whether to use civil or religious law, and claim that they defend society from secular, Western influence.

But Human Rights Watch researcher Sarah Sanbar says the changes prioritize the husband’s wishes.

– So yes, people are given a choice, but it is primarily men who are given a choice.

Debate

The heated debate surrounding the changes to the law has found its way into the Iraqi media – even among clerics. Recently, a Sunni cleric argued against lowering the marriage age, saying it would be harmful to girls and that the existing laws are in line with Sharia.

In a lecture posted on social media, the Shia Muslim cleric Rashid al-Husseini insisted that the sharia allows for the marriage of nine-year-old girls.

– But in practice, is this something that actually occurs? It could be 0 percent, or 1 percent of the cases, he said.

Lax enforcement

The Personal Status Law in Iraq was passed in 1959 and is considered to be a strong foundation for the protection of women’s and children’s rights. This law states that you must be 18 to marry, but allows girls as young as 15 to marry with their parents’ approval and proof that they have reached puberty.

Marriage outside the state courts is illegal, but enforcement is lax. Judges sometimes approve marriages where the girl is younger than the legal age, either as a result of corruption or because the marriage has already taken place informally.

Politician Read al-Maliki, who presented the proposed changes to the law, said the state should still provide protection and that discussions were ongoing about the minimum age for marriage. It will be very close to the current age, al-Maliki told AP, without elaborating.

Against Western influence

Al-Maliki and others who are in favor of the changes present them as a defense against Western influence.

– In the West, they take children away from their parents for the simplest of reasons and accuse them of violence, then they change the culture of the children and create homosexuals out of them, says al-Maliki.

He refers to a law passed in April that prohibits same-sex relationships and promotes LGBT rights.

– We cannot imitate it or consider it progress, he says further.

The opponents are women

But Sanbar of Human Rights Watch says it is worth noting that the biggest opponents of the law changes are Iraqi women.

– It says a lot that this is something Iraqi women do not want, and not something foreign organizations say Iraq must do, she says.

This is not the first time similar legislative changes have been proposed in Iraq, but support is wider now, says Harith Hasan at the Carniege Middle East Center think tank.

– There is a kind of consensus now among Shia Muslim parties in cultural matters, he says.

Shaima Saadoun, who was married off at the age of 13, says she fears for women and girls in Iraq.

– The new changes in the law will destroy the future of many little girls and many generations, she says.

Here are some PAA (Problem,‌ Action, Outcome) related questions‍ for the title ​**”Forced Child Marriage in Iraq: A ‌Threat to Women’s Rights and Childhood”:**

Forced Child Marriage in Iraq: A Threat to Women’s Rights and Childhood

Shaima Saadoun’s story is a ⁢heart-wrenching reminder of the‌ devastating consequences of forced child marriage. At the tender age ‍of 13, she was forced ⁢into a marriage with a‌ 39-year-old man, stripping her ⁢of her ⁣childhood and ⁢dignity. Her traumatic experience is a stark reality that many Iraqi girls may ​soon face if the country’s‌ National Assembly passes controversial legislative changes that could legalize child marriage.

The Current Law

In ‍Iraq, the minimum age for marriage is 18, with ‌exceptions for girls as young as 15 who can ⁤marry with their parents’ approval and proof of puberty [[1]]. However, the current Personal​ Status Law,‌ passed in 1959, is under threat from proposed changes that could give religious leaders more power over family law, including marriage.

The Proposed Changes

The ⁢proposed changes to the law would allow Iraqis to turn to religious courts in matters of ​family law, including marriage. This would ⁤enable clerics to rule according to their interpretation of Sharia law, rather than national laws.​ Some clerics interpret Sharia law as ​allowing girls to marry in ​their early teens, while others, like the Jaafari interpretation, permit girls as young as nine to marry ⁢ [[2]].

The Debate

The proposed changes have sparked a heated ‍debate in Iraq, with many women protesting against the ​changes, calling them ‌”shameful” ‍and a step backward for the country [[3]]. Human‍ Rights Watch researcher Sarah Sanbar argues that the changes prioritize the husband’s wishes, giving men more power over women’s ⁢lives. On the other ‍hand, conservative politicians claim that the changes offer people a choice between civil and religious law, protecting society from Western influence.

Lax​ Enforcement

The current law is already flawed, with judges sometimes approving marriages‍ where the girl is younger than the legal age, either due to corruption or informal marriages [[1]]. If the proposed changes are passed,‌ the situation could ⁣worsen, allowing more girls to be forced into marriage at a young age.

The Consequences

Legalizing child marriage‌ would have devastating consequences for Iraqi girls, stripping them⁤ of their childhood, education, and dignity. It would also ‌perpetuate a cycle ⁣of poverty, illiteracy, and patriarchy. The World Health Organization estimates that child⁤ marriage is associated with higher rates of maternal mortality, infant mortality, and sexually transmitted infections.

The Opposition

It is noteworthy that the biggest opponents of the law changes are Iraqi women, who are fighting​ against the erosion of their rights and dignity. Sanbar of Human Rights Watch⁢ emphasizes that the proposed changes are⁣ a threat⁢ not only ⁤to women’s rights but also to the country’s progress.

Conclusion

Shaima Saadoun’s story is a powerful reminder of the importance of ⁣protecting ​women’s rights and preventing child marriage. ⁢The proposed⁣ changes to Iraq’s Personal Status Law​ are a step backward ‌for the country and a threat to the well-being of Iraqi girls. It is ‍essential that the Iraqi government listens to⁣ the voices‌ of women and human rights organizations, rejecting any changes that would legalize child marriage and prioritize the husband’s wishes‍ over women’s rights.

References:

[1]

[2]

[3]

Iraq child marriage Law

Forced Child Marriage in Iraq: A Threat to Women’s Rights and Childhood

The Alarming Reality

Shaima Saadoun’s haunting story is just one example of the thousands of girls in Iraq who are forced into child marriage every year. At the age of 13, Shaima was forced to marry a 39-year-old man, a union that was illegal but approved by a judge related to her husband. This traumatic experience has left an indelible mark on her life, and she now campaigns against child marriage in Iraq.

The Proposed Legislative Changes

The Iraqi National Assembly is currently considering controversial changes to the country’s family law, which could give religious leaders more power over marriage and potentially lead to girls as young as nine being forced into marriage. The proposed changes would allow Iraqis to turn to religious courts in matters of family law, including marriage, and enable clerics to rule according to their interpretation of sharia, Islamic law.

Different Interpretations of Sharia

The Jaafari interpretation of sharia, which many Shia Muslim religious authorities adhere to, allows girls as young as nine to marry. This interpretation has sparked outrage among women’s rights activists and opponents of child marriage, who argue that it would take the country back centuries.

The Impact on Women’s Rights and Childhood

The proposed changes prioritize the husband’s wishes, giving men a choice between civil and religious law. This could lead to a surge in child marriages, further entrenching the patriarchal society and undermining women’s rights and childhood. The lax enforcement of existing laws has already led to a high incidence of child marriage in Iraq, with 28% of girls married before the age of 18 and 7% before the age of 15, according to [2].

The Debate

The debate surrounding the changes to the law has been intense, with some clerics arguing that the existing laws are in line with Sharia and that lowering the marriage age would be harmful to girls. Others, like Shia Muslim cleric Rashid al-Husseini, insist that sharia allows for the marriage of nine-year-old girls.

The Need for Action

The proposed changes to the law have sparked widespread outrage, with many Iraqi women taking to the streets and social media to protest against the retrogressive legislation. It is imperative that the Iraqi government and civil society organizations work together to protect women’s and children’s rights and prevent the legalization of child marriage.

Key Statistics

28% of girls in Iraq are married before the age of 18 [2]