Childhood Stolen: Iraq's Shocking Amendments Allow Girls as Young as Nine to Marry

Iraq's parliament has passed a controversial set of amendments to its civil status law, effectively legalising child marriage for girls as young as nine. The new legislation allows unregistered marriages to be formalised, provided the minor has the consent of a guardian.

This development has sparked outrage among human rights activists, who argue it marks a significant step backwards in the protection of women's and children's rights.

A Controversial Shift in Family Law

The revised laws grant Islamic courts increased authority over family matters, including marriage, divorce, and inheritance. Under the changes, Muslim couples must choose a Sunni or Shia representative to determine marriage eligibility according to their interpretation of Islamic law. For Shia Muslims, the legal minimum age for girls to marry is now nine, while Sunni Muslims set the minimum age at 15.

Conservative Shia lawmakers, who championed the amendments, argue that they align with Islamic principles and reduce Western cultural influence in Iraq. However, critics contend that these policies will severely undermine the rights of women and girls.

A Reversal of Progressive Protections

These amendments represent a stark departure from Iraq's 1959 Personal Status Law, which was widely regarded as one of the most progressive in the region. The original law set the minimum marriage age at 18 and included safeguards to protect women and girls from child marriage. It also ensured that widows received a share of their husband's estate, offering financial security and equality in inheritance matters.

Human rights activist Intisar al-Mayali, a member of the Iraqi Women's League, voiced her concerns about the new law. She argued that it undermines girls' rights to enjoy their childhoods and disrupts critical protections related to divorce, custody, and inheritance.

The parliamentary process that led to the passage of these amendments was also contentious. According to an anonymous parliamentary official, half of the lawmakers present did not vote, breaching the required quorum. The session reportedly ended in chaos, with protests erupting in the chamber and some officials climbing onto the podium in opposition to the decision.

The Dangers of Child Marriage

The backlash against these amendments has been fierce, with activists warning of the severe consequences for young girls. Child marriages, they say, rob girls of their education and expose them to heightened risks of sexual and physical abuse, as well as severe health complications from early pregnancies.

Razaw Salihy, Amnesty International's researcher for Iraq, condemned the changes, stating that urgent reforms should focus on protecting women and girls rather than endangering them. "It is alarming that these amendments to the Personal Status Law are being pushed so vehemently when completely different legal reforms are needed to safeguard Iraqi women and girls' rights," she said.

Protests and Public Outcry

The passage of these amendments has triggered widespread protests across Iraq. In August, Coalition 188, a network of NGOs, activists, and politicians, organised demonstrations in cities including Baghdad, Basra, and Najaf. Protesters in Baghdad's Tahrir Square carried banners reading, "No marriage of minors" and "I am not a slave, I am free." Inas Jabbar, a member of the Iraqi Women Network, reported that the Baghdad protest drew around 500 participants.

A Survivor's Heartbreaking Testimony

The real-life impact of child marriage is highlighted by the testimony of a survivor, who spoke to NBC News under the pseudonym "Batta." She was sold as a bride to a 47-year-old man at the age of 11. Despite her mother's objections, Batta's father agreed to the marriage, citing financial struggles and the cost of her education. He received £9,171 ($11,300) as a dowry, which he used to buy a new taxi.

Batta described the horrors she endured, including rape on her wedding night and years of physical abuse. After three years, her husband abandoned her, leaving her to be treated as a servant by her family. She eventually fled to Erbil and became a sex worker. Reflecting on the new law, she said: "I don't want to call it marriage. When a girl gets married at the age of nine or ten, it means her family has sold her."

A Grim Global Issue

Child marriage is a widespread issue in Iraq, with UNICEF reporting that 28% of women in the country marry before the age of 18. Globally, 12 million girls are married each year before reaching adulthood—an average of 23 girls every minute or nearly one girl every two seconds.

The amendments to Iraq's marriage laws pose a significant threat to the rights and futures of young girls, risking a reversal of decades of progress. The need for advocacy and international intervention to prevent the normalisation of child marriage in Iraq has never been more urgent.