In a contentious session on Tuesday, Iraq’s parliament approved three divisive laws, including amendments to the Personal Status Law that critics argue could effectively legalize child marriage. The new legislation grants Islamic courts increased authority over family matters such as marriage, divorce, and inheritance, raising alarms among activists and human rights organizations.
Currently, Iraqi law stipulates that the minimum age for marriage is 18 in most cases. However, the newly passed amendments allow clerics to interpret Islamic law at their discretion, which some interpretations suggest could permit marriages for girls as young as nine years old under the Jaafari school of Islamic jurisprudence, commonly followed by Shiite authorities in Iraq.
Intisar al-Mayali, a prominent human rights activist and member of the Iraqi Women’s League, expressed grave concern over the implications of these changes. She stated that the amendments “will leave disastrous effects on the rights of women and girls, permitting early marriages that violate their right to life as children and undermining protections related to divorce, custody, and inheritance.”
Political maneuvering and procedural chaos
The parliamentary session descended into chaos as accusations of procedural violations emerged. A parliamentary official, speaking on condition of anonymity, revealed that “half of the lawmakers present in the session did not vote, which broke the legal quorum.” Some legislators protested vocally while others climbed onto the parliamentary podium in dissent.
Following the session, several lawmakers voiced their frustration over the voting process, which bundled all three controversial laws into one vote. Independent MP Raid al Maliki remarked, “We are strongly supporting it and there were no issues with that… But it was combined with other laws to be voted on together, and this might lead to a legal appeal at the Federal Court.”
Parliament Speaker Mahmoud al-Mashhadani praised the passage of the laws as “an important step in the process of enhancing justice and organizing the daily lives of citizens.” However, many remain skeptical about the implications of these legislative changes.
Additional laws passed amid controversy
In addition to the amendments to the Personal Status Law, parliament also passed a General Amnesty Law that has raised concerns about potentially absolving individuals involved in corruption and embezzlement. Critics argue that this law could benefit those convicted of drug-related offenses and high-profile figures implicated in significant financial scandals.
The session also saw the passing of a land restitution law aimed at addressing Kurdish territorial claims. However, this was overshadowed by widespread criticism regarding how these laws were presented and voted upon.
Public backlash and future implications
The passage of these laws has sparked outrage among women’s rights organizations and civil society groups across Iraq. Activists have called for families to register marriages in regions where these new laws do not apply until ratified by local authorities. Legal challenges against these amendments are anticipated as opposition MPs vow to contest their legality in court.
As Iraq navigates this turbulent political landscape, concerns about women’s rights and judicial integrity remain at the forefront of public discourse. The decisions made by parliament will undoubtedly have lasting repercussions on Iraqi society, particularly for vulnerable populations such as women and children.
