Iraq’s parliament has reportedly passed several controversial laws, including one that critics argue could effectively legalize child marriage for girls as young as nine.
The amendments to Iraq’s personal status law, passed on January 21, 2025, would grant Islamic courts greater authority over family matters such as marriage, divorce, and inheritance. While Iraqi law currently sets the minimum marriage age at 18, the changes would allow clerics to rule based on their interpretation of Islamic law, which, in some cases, permits marriage for girls as young as nine, particularly under the Ja’afari school of Islamic law followed by many Shiite authorities in Iraq.
Proponents, mainly conservative Shiite lawmakers, argue the changes align the law with Islamic principles and reduce Western influence on Iraqi culture. However, critics, including human rights activist and member of the Iraqi Women’s League, Intisar al-Mayali, argue that the amendments will have “disastrous effects on the rights of women and girls,” allowing early marriage and undermining protections for divorce, custody, and inheritance.
The parliamentary session that passed the amendments ended in chaos, with accusations of procedural violations. A parliamentary official claimed that half of the lawmakers present did not vote, breaking the legal quorum. Some legislators also raised concerns that the three controversial laws were voted on together, despite being supported by different factions, which could lead to a legal appeal.
Raid al Maliki, an independent MP, defended the civil status law, stating that it had strong support, but expressed concern over the combination of laws in the same vote. He suggested this could result in a legal challenge.
Parliament Speaker Mahmoud al-Mashhadani called the laws’ passage “an important step” for enhancing justice and organizing citizens’ daily lives. In addition to the civil status law amendments, the parliament passed a general amnesty law that has been criticized for potentially benefiting Sunni detainees and absolving those involved in corruption. A land restitution law addressing Kurdish territorial claims was also approved.
The proposed amendments, first announced in August, will also allow religious figures from Sunni and Shia sects to finalize marriages that were previously informal or unregistered. The law now permits figures from the offices of each “endowment” to finalize marriage contracts instead of civil courts.
Previously, the law required that a person be of “sound mind” and at least 18 years old to marry, though 15-year-olds could request a marriage with the approval of a judge and their guardian. Under the new law, marriage contracts would be governed by the sect under which the marriage is conducted, which could lead to the legitimization of unregistered marriages, some involving girls as young as 14.
