Iraq’s Troubling Transformation: New Legislation Threatens to Increase Child Marriage Rates

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.

What are the ⁢potential impacts‌ of proposed changes in ‍Iraqi marriage ⁤laws on women’s rights and child protection?

The Alarming Possibility of Child Marriage in Iraq: A Step Backwards for Women’s Rights

Shaima Saadoun’s heart-wrenching story of being forced into marriage​ at the tender age⁢ of 13 ⁣is a stark reminder of the devastating ⁤consequences of child marriage. Her tragic experience has sparked a heated debate about the proposed legislative changes in Iraq that could ⁤lead to girls as young as nine being forced into marriage.

Illegal, Yet Widespread

Saadoun’s marriage, though illegal, was approved by a judge related to her husband. In Iraq, the minimum​ age for marriage is 18, but ⁢this legislation has not been strictly enforced. According to​ [2], 28% of girls‍ in Iraq‍ are married before the age of 18, and 7% are married before the age of 15. Child​ marriage​ is most prevalent in the governorates of Missan. The lack ​of enforcement and ‍cultural acceptance of child ‍marriage have contributed to ‌its persistence.

Proposed Changes to ‌the ⁣Law

The‍ proposed legislative changes in ‌Iraq could give religious leaders more power over family law, potentially allowing⁢ girls ​as young as nine ‍to marry. The draft ​law, proposed by Iraqi MP Ra’ad al-Maliki, would allow Iraqis to turn to religious ‍courts in​ matters of family law, including marriage. This⁣ change would enable clerics to rule according to their interpretation of ⁤sharia, Islamic ​law, rather than national laws.

Different Interpretations of Sharia

While some clerics interpret sharia as allowing girls ‍to‌ marry in their early teens, the ⁤Jaafari interpretation of sharia, adhered to by many‌ Shia ‌Muslim ​religious authorities,⁢ permits girls as young as nine to marry. This⁢ raises ‌concerns about the potential exploitation ⁤of young girls and the‍ erosion of‌ their rights.

Prioritizing the Husband’s Wishes

Many ⁤Iraqi women have reacted with horror to the proposed changes, arguing​ that they prioritize the husband’s wishes over⁣ the rights of the child bride. Human Rights Watch researcher Sarah Sanbar ⁤states that the changes⁣ would give men more choice, while women and children would be ⁣left ⁤vulnerable.

Debate ⁣and Controversy

The debate surrounding the proposed changes ⁣has ​sparked controversy among clerics, with some Sunni clerics arguing against⁣ lowering the​ marriage age and others, like Shia cleric Rashid al-Husseini, insisting that sharia allows for the marriage of nine-year-old girls.

Lax Enforcement​ and Cultural Acceptance

The Personal ⁤Status Law in Iraq, passed ‌in 1959,⁤ is considered a strong foundation for the protection of women’s and children’s​ rights. However, lax enforcement and cultural acceptance of child marriage have contributed to its⁤ persistence. Politician Read ⁤al-Maliki claims ​that the proposed‍ changes would ⁣still ‍provide protection and that discussions are ongoing about the minimum age ‍for marriage.

Defense Against Western Influence

Proponents of the ⁤proposed changes argue that they are a defense ‍against Western influence, referencing a law passed ‌in⁣ April⁢ that prohibits same-sex relationships and promotes LGBT rights. However, opponents argue that ⁣this is a regressive step that would undermine the ⁢rights of women and children.

The Biggest Opponents: Iraqi Women

Human Rights Watch researcher Sarah Sanbar notes that the biggest opponents of the law changes are​ Iraqi women themselves. This sentiment is echoed by Heba al-Dabbouni, who stated⁤ during a protest, ‍”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.”

The proposed legislative changes‍ in Iraq have⁤ sparked a heated debate about the rights of women⁤ and children. As ⁢the discussion continues, it is essential to prioritize the ‌well-being and protection of Iraq’s most vulnerable⁤ citizens.

**Questions Related to “Child Marriage in Iraq: A Threat to Women’s Rights and Child Protection”**

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

Shaima Saadoun’s story is a haunting reminder of the horrors of child marriage. At the tender age of 13, she was forced into a marriage with a 39-year-old man, a union that was illegal but approved by a judge related to her husband. The dowry of gold and money was a cruel consolation to her poor family, who hoped it would improve their financial situation. The trauma of being expected to be a wife and mother while still a child herself has left an indelible mark on Saadoun, who finally divorced her husband at the age of 30.

Unfortunately, Saadoun’s experience is not an isolated incident. In Iraq, child marriage is a persistent problem, with girls as young as 15 being married off to men twice their age. The Personal Status Law, enacted in 1959, sets the minimum age of marriage at 18, but with parental approval and proof of puberty, girls as young as 15 can be married [[3]].

The Proposed Changes to the Law

Iraq’s National Assembly is currently considering controversial legislative changes that could give religious leaders more power over the country’s family law, allowing them to rule according to their interpretation of sharia, Islamic law[[[2]]. This has sparked widespread concern among rights groups and opponents, who warn that the changes could 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, which is currently under the jurisdiction of civil courts. While proponents of the changes argue that they would give people a choice between civil and religious law, critics argue that they would prioritize the husband’s wishes over those of the wife and children [[4]].

Different Interpretations of Sharia

The debate surrounding the changes to the law has highlighted the different interpretations of sharia among religious authorities. While some clerics believe that sharia allows girls to marry in their early teens, others, like the Jaafari interpretation, permit girls as young as nine to marry[[[2]].

Lax Enforcement

The enforcement of the Personal Status Law is lax, with judges sometimes approving marriages where the girl is younger than the legal age, either due to corruption or because the marriage has already taken place informally [[3]]. This has led to widespread violations of women’s and children’s rights, with many girls being forced into marriages against their will.

**The Impacts of Proposed Changes on