ERBIL, Kurdistan Region - A second reading for a highly controversial amendment to Iraq’s Personal Status Law is set for Tuesday in the parliament; if it is passed, the change could effectively legalize child marriage and grant religious authorities increased power over family law.
The legislature’s agenda for Tuesday contains the proposed bill’s second reading, Iraqi state media (INA) released on Monday evening.
Rights activists, members of parliament, and civil society organizations have widely protested the bill to amend the 1959 Personal Status Law (Number 188).
“The sectarian and influential political forces have shown their determination to legislate an amendment…” said Coalition 188, a recent group in opposition of the proposed changes, at a press conference in Baghdad on Monday.
The coalition of activists including several non-governmental organizations (NGOs) and influential political figures cited the “heated political and social climate” in Iraq, as a primary reason for opposing the amendment.
The performance of the current term of the legislature is “below expectations,” according to the coalition. It accused the ruling Shiite Coordination Framework of imposing its will on other parties on such a controversial issue.
“Influential political blocs within the parliament, particularly some powers within the Coordination Framework, are attempting to impose their will on others and want to pass a law that has sparked much societal controversy,” the statement added.
Coalition 188 posited: “How would the situation unfold if it were passed by a political minority?”
The Iraqi parliament conducted the first reading of the bill on August 4 but has yet to vote on the amendment. The amendment to the law must be read two more times, debated, and re-drafted, in parliament prior to the changes being put to a vote.
If passed, the proposed amendment would allow Iraqis the choice to follow religious rules to govern matters in their marriage. For Shiites, the bill specifies following the provisions of the Jaafari school of jurisprudence, which permits marriage for girls as young as nine and boys at fifteen.
On Monday, the European Union said it is analyzing the proposed amendment, reaching out to Iraqi officials, and “seeking their views.”
“We hope that the legislators will ensure the compatibility between the revised text and Iraq’s legal framework and international law obligations, including when it comes to ratified international conventions,” EU delegation to Iraq said in a post on X.
Demonstrations against the controversial bill have taken place across Iraq and the Kurdistan Region over the past month.
Many marriages in Iraq are unregistered, conducted by religious leaders, and not legally valid. The proposed amendment calls for legitimizing marriages authorized by religious leaders.
The amendment was demanded by over 100 Shiite members of the parliament but has been met with backlash from the rest of the legislature. Around 130 lawmakers signed a petition against its passing, according to MP Kurdo Mohammed.
The bill was introduced by independent MP Raed al-Maliki, who was also responsible for controversial amendments to the country’s anti-prostitution law earlier this year that criminalized any practice of homosexuality and sex-reassignment surgeries.
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