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CV NEWS FEED // Iraq’s parliament is seeking to pass legislation that would lower women’s legal marriage age from 18 to nine.
The Telegraph reports that the parliament is dominated largely by Shia Muslim political parties, and that it is seeking to pass an amendment overthrowing the country’s “personal status law,” or Law 188.
These extreme parties are a large majority of Parliament, research fellow Renad Mansour from British think tank Chatham House told the Telegraph. He thinks the amendment is very close to passing.
Mansour stated, “It’s the closest it’s ever been. It has more momentum than it’s ever had, primarily because of the Shia parties.”
Mansour clarified, “It’s not all Shia parties, it’s just the specific ones that are empowered and are really pushing it.”
He said that it is unclear when the parliament is voting on the amendment.
The amendment would also deprive women of rights to divorce, custody, and inheritance.
Current loopholes in Iraqi law already allow girls as young as 15 to marry, if their father gives permission. However, as these marriages are performed by religious leaders instead of the court, they are not legally recognized.
The Telegraph explains, “But because the nuptials are not recognised by law, the girls and any children they have are denied a plethora of rights.”
It adds, “For example, hospitals can refuse women admitted for childbirth without a marriage certificate.”
Mansour continued by explaining that overturning the amendment would further encourage sectarian divisions in Iraq, as people would be able to choose whether to adhere to the “secular” Law 188, or the new Sharia-based law.
“It would bring everything back to the sect,” said Mansour. “But many Iraqis don’t want to be defined politically by their sect. They want to be defined by their government and their state.”
Sarah Sanbar, Iraq researcher at Human Rights Watch, added that the decision regarding which law to follow would ultimately fall to men.
“It’s explicitly written in the draft that when there’s a dispute between the couple, the sect of the husband takes priority,” said Ms Sanbar. “This is going to remove a lot of protections for women … it will undermine the principle of equality before the law.”
She added that the law will favor women from certain Islamic sects, while other women “have to stay in harmful situations because they fear losing custody of their children.”
