In Iraq, a Law that can ‘Legalise Paedophilia’ & Child Marriage is Now on the Table

Campaigners for women’s and children’s rights in Iraq are resisting proposals that could institutionalise sectarianism in family relationships, grant clerics more authority over family matters, and potentially legalise paedophilia and marriage for children as young as nine.

The amendments to Law No. 188 of the Personal Status Law of 1959 are being heavily promoted by the Coordination Framework, a coalition of conservative Shia Islamist parties that form the largest bloc in parliament.

The first reading took place on Sunday, following a failed attempt on July 24th due to objections from some parties.

This is the latest in a series of attempts to amend the law, with previous efforts being shelved after political outcry.

The draft bill stipulates that Muslim couples must choose either the Sunni or Shia sect to represent them in all personal status matters. If a dispute arises regarding the doctrine under which the marriage contract was concluded, it defaults to the husband’s doctrine unless proven otherwise.

This draft, circulated by several Iraqi politicians on social media, also permits figures from “the offices of the Shiite and Sunni endowments” to finalise marriages, bypassing the courts.

The bill mandates Shia and Sunni endowments to submit a “code of legal rulings” to the parliament six months after ratification, with the Shia code based on “Jaafari jurisprudence.”

Although the amendments do not directly address child marriage, legal experts warn that it could be permitted under Jaafari jurisprudence, as previous versions of the bill have been more explicit about this issue.

Currently, many Iraqi marriages are unregistered and conducted by religious figures, making them illegal under the existing Iraqi Personal Status Law.

The proposed amendments could legitimise these marriages, 22 percent of which involve girls under 14, according to the UN.

One of the most controversial effects of the amended law would be the legalisation of “pleasure marriage,” a concept unique to the Shiite sect.

A pleasure marriage, known in Arabic as nikah mut’ah, is a temporary marriage that can last as little as an hour. Unlike a permanent marriage, a pleasure marriage does not require registration in court or the presence of witnesses.

Critics say that the legalization of pleasure marriage would be devastating to the status of Shiite women and could be used to legitimate child marriage and prostitution.

The Coordination Framework insists the amendments are constitutional and do “not contradict the constants of Sharia and the foundations of democracy.”

Ra’ad al-Maliki, the MP who proposed the bill, refutes claims that it would lower the minimum marriage age, calling them “lies fabricated by some out of hatred for applying the provisions of God’s law to those who want them.”

Women’s rights organizations have publicly demonstrated against the bill. On July 28th, activists, including campaigners from the Organisation of Women’s Freedom in Iraq (OWFI), gathered in Baghdad’s Tahrir Square, holding placards that read “the era of female slaves is over” and “No to the marriage of minors.”

Yanar Mohammed, president of OWFI, told Middle East Eye that the Coordination Framework is using these “archaic” laws as a distraction from their failures, including “huge corruption.”

She argued that this legislation aims to strip Iraqi women of their modern rights and impose archaic Islamic sharia, which views women as mere bodies for pleasure and breeding, not as human beings with rights.

OWFI and other organisations are building a coalition to prevent the bill from passing and defend the current law. Several Iraqi female lawmakers, from various factions, have also formed a coalition opposing the amendments.

Iraqi MP Noor Nafea al-Julihawi emphasised that their rejection is based on legal, religious, professional, and social considerations, not emotions or external motives, aiming to protect the Iraqi family’s order.

The 1959 law, passed under leftist nationalist Abdul-Karim Qasim, brought progressive reforms, including increased rights for women.

However, since the 2003 US-led invasion of Iraq, rightwing political parties have tried to roll back these rights.

Previous versions of the bill have included rules preventing Muslim men from marrying non-Muslims, legalising marital rape, and banning women from leaving the house without their husband’s permission.

The latest version is less explicit, but campaigners fear it will allow religious authorities to introduce such rules through their establishment of the Personal Status code.

Tamara Amir, CEO of the Iraqi Women’s Rights Platform, warned that these changes would negatively impact the rights and well-being of women and children in Iraq.

She urged policymakers to reject these proposals and focus on strengthening protections for women and children.