The government of the Islamic nation Iraq is all set to amend the Nikah law. The proposed legislation would lower the age of marriage for girls from 18 to 9. Once the draft becomes a law, Iraqi men would “legally” be able to marry girls as young as 9 years of age.
The proposed legislation would further trample women’s rights as it will also deprive Iraqi girls and women of the rights of divorce, child care, and inheritance. It is pertinent to note that a coalition government led by ultra-conservative Shia Muslims is in power in Iraq. It is preparing to hold a vote in the Parliament to curtail women’s rights ranging from Nikah to other rights.
With this move, the Shiite government will radically amend the country’s ‘Personal Status Law’ which is known as ‘Law 188’ in Iraq. Under this law, women are given rights from marriage to divorce and property and other rights.
The ‘Personal Status Law’ was implemented in the year 1959 by the then Prime Minister of Iraq, Abdul Karim Qasim. It was considered the most progressive law within the circles of the Middle Eastern countries. The 1959 law incorporated rules that considered all religions and sects as equal.
Defending the draft legislation, the ruling Shia Muslim coalition claims that the new law is in accordance with the strict rules mentioned in Islamic law. Its purpose is to protect young girls from having immoral relationships.
Strikingly, a proposed amendment in ‘Law 188’ was passed on 16th September.
Proposed amendments in Law 188 attempted in the past
The coalition government of Shia Muslims in Iraq has tried to amend the ‘Personal Status Law’ before as well. The first attempt was made in 2014. The government did not succeed in this. After this, the attempt to amend the law in the year 2017 also failed. The reason for the failure of the government both times was the protest of a large number of women.
It is important to remember that Iraq already has a very high rate of child marriage. It is anticipated that the rate of child marriage will rise even more as a result of this proposed new legislation, which forces innocent girls into marriage. According to the data of the United Nations Children’s Fund (UNICEF), 28% of women in Iraq get married at the age of 18 years or less. In Iraq, a flaw in the Personal Status Law is the main cause of child marriage.
In fact, under this law, religious leaders are allowed to marry girls up to the age of 15 after obtaining permission from the father. Due to this, thousands of girls become victims of child marriage every year in Iraq.