ERBIL, Kurdistan Region - The Coordination Framework, the largest bloc in the Iraqi parliament, on Monday called on the legislature to move forward with the first reading of a proposed amendment to Iraq’s Personal Status Law, which among other things would legalize child marriage, saying it does not contradict “foundations of democracy.”
A bill to amend the 1959 Personal Status Law is currently on the Iraqi parliament’s agenda. If passed, the amendment would allow Iraqis to choose either the Shiite or Sunni sect’s rules at the time of marriage to govern all personal status-related matters in their marriage.
The proposed bill specifies following the provisions of the Jaafari school of jurisprudence for the Shiite sect, which permits marriage for girls as young as nine and boys at fifteen.
During its regular meeting on Monday, the Coordination Framework claimed that the draft does not cancel out the existing law, but rather regulates personal status issues for every sect and religion.
"The intended amendment to the Personal Status Law is in harmony with the constitution, which stipulates that Iraqis are free to make their choices in a manner that does not contradict the constants of Sharia and the foundations of democracy,” read a statement from the pro-Iran Shiite bloc.
The current provisions of the Personal Status Law require completing eighteen years of age to get married, or fifteen if the judge permits, subject to the legal guardian’s consent.
Many marriages in Iraq are unregistered, conducted by religious leaders and not legally valid. The proposed amendments call for legitimizing marriages authorized by religious leaders.
The Iraqi parliament was supposed to carry out the first reading of the bill on Wednesday, but the item was indefinitely postponed due to disagreements between the lawmakers.
The bill was introduced by independent MP Raed al-Maliki, who is also responsible for the controversial amendments to the country’s anti-prostitution law that criminalized any practice of homosexuality and sex-reassignment surgeries earlier this year.
The bill has sparked major outcry and criticism from human and women rights' activists, with large demonstrations held in protest in the Iraqi capital Baghdad.
Versions of the bill, which was first proposed in 2014, have faced criticism for its provisions that include prohibiting Muslim men from marrying non-Muslims, legalizing marital rape, and requiring women to obtain their husband's permission to leave the house, according to Human Rights Watch.
In November 2017, the United Nations mission in Iraq also expressed criticism as the proposed changes could violate the UN Convention on the Rights of the Child, of which Iraq is a signatory.