Iraq is currently facing significant criticism from around the world. The pressing question is: what comes next? Iraq has made headlines for various reasons, but one particular issue is raising serious concerns about its legal framework. Protests are occurring in Iraq against proposed amendments to its personal law, which could severely restrict the rights and liberties of women.
According to UNICEF, 28% of Iraqi females are married before turning 18. This change represents a major setback for individual rights and raises serious concerns about societal values. It is indeed a troubling situation that evokes a sense of shame and disbelief among many. Let's understand the law better:
Iraq is poised to amend its Personal Status Law (Law 188), allowing men to marry girls as young as nine. This proposed legislation has sparked widespread protests and international condemnation due to its implications for women's rights.
Key aspects of the bill include:
The amendment would lower the legal marriage age from 18 to 9, facilitating child marriages.
It aims to deprive women of rights related to divorce, child custody, and inheritance.
Citizens may choose between religious authorities or civil courts for family matters, potentially favoring conservative interpretations of Sharia law.
Activists warn this law could expose young girls to sexual violence and limit their access to education and employment opportunities.
Raya Faiq’s Stand: “A Catastrophe for Women”
According to Raya Faiq Who is an Iraqi politician and women's rights advocate & vocal against the proposed amendments. She described the law as a "catastrophe for women," emphasizing that it would effectively legalize child rape and transfer decision-making power from families to religious authorities.
Rays Faiq argued that such legislation would strip women of their rights regarding divorce, custody, and inheritance, and warned that it poses significant risks of sexual and physical violence against young girls.
She criticized male lawmakers supporting the bill for their narrow-minded views on child marriage, highlighting the urgent need for societal change to protect women's rights in Iraq.
In Iraq, the Penal Code of 1969 includes provisions that allow for corporal punishment of women. Article 41(1) grants husbands the legal right to "punish" their wives, which can be interpreted to permit domestic violence. Additionally, the code allows for mitigated sentences for violent acts committed in the name of "honor," such as honor killings, further entrenching a culture of violence against women. Despite calls for a comprehensive domestic violence law, efforts to pass such legislation have stalled, leaving many women without adequate legal protection against abuse.
What are Iraq's Primary Reasons for Child Marriage?
In the middle of the 20th century, Iraq passed progressive legislation that gave women a number of legal safeguards, making it a historical leader in the Arab world for women's rights.
For instance, Iraq was the first Arab country to appoint female judges and ministers6. However, decades of conflict and sectarian strife have eroded these advancements, leading to increasing religious influence over personal status laws. Let's talk about Iraq's primary reasons for child marriage are complex and have their roots in social, cultural, and economic elements:
Poverty: To alleviate financial burdens, families facing economic hardships often arrange for their daughters to marry at a young age. Approximately 35.8% of women from the poorest households marry before the age of 18, compared to only 14.2% of women from wealthier families.
Gender Inequality: The idea that women and girls are less valuable than males is sustained by ingrained gender prejudices. Families sometimes emphasize marriage for females above education as a result of this imbalance.
Cultural Norms: Traditionally, families may feel pressured to marry off girls at a young age to preserve family honor and secure the girls' futures.
Conflict and Displacement: Ongoing conflicts and more migrants have made people more vulnerable. As a result, families are marrying off their daughters to cope with insecurity and fears of violence.
Lack of Education: Girls with limited educational opportunities are more likely to marry young. Approximately 46.2% of women who marry before the age of 18 do not have a formal education.
Legal Loopholes: Current rules permit informal weddings performed by religious leaders, frequently without registration, making it simpler for child marriages to take place without legal ramifications.
COVID-19 Pandemic: The pandemic has exacerbated economic difficulties and school closures, increasing reliance on harmful coping techniques such as child marriage.
Comparison with Other Middle Eastern Countries
Women's Rights Legislation in Iran
In order to understand the complexity of this issue, let us understand other Middle Eastern countries laws that restrict women's rights and liberty—and become the crisis of women's rights.
For example, the New Hijab Law (2023) was passed by the Iran Guardian Council under the theocratic regime led by Supreme Leader Ali Khamenei. This new law increases penalties for anyone who refuses to wear the hijab, potentially resulting in prison sentences of up to 10 years. It also gives security forces greater power to enforce dress codes and punish those who violate them, reinforcing gender discrimination in public life.
The situation intensified following the death of Mahsa Amini in police custody in September 2022, which sparked widespread protests against the regime's treatment of women. In response, the government implemented violent crackdowns on demonstrators, resulting in hundreds of deaths and numerous arrests.
Family Protection Law (2012)
Key Details:
Unilateral Divorce: The Family Protection Law allows men to unilaterally divorce their wives, which significantly undermines women's rights in marital relationships.
Custody Rights: The law limits women's rights in custody cases, often favoring fathers and male guardians over mothers.
Dress Codes and Public Life Restrictions: Women face strict dress codes enforced by law, with severe penalties for non-compliance. This includes the recent "Protection of the Family through Promoting the Culture of Hijab and Chastity" law, which consolidates existing measures and introduces harsher penalties for violations.
Yemen
Child marriage is a major issue in Yemen, According to ECDHR 30% of girls marry before the age of 18, and 9% marry before the age of 15. As of 2019, Yemen had roughly 4 million married females, with 1.4 million married before the age of 15.
Child marriage is a deeply ingrained practice in families due to poverty and cultural norms, often used to alleviate financial burdens or ensure safety. The conflict in Yemen, which began in 2014, has led to widespread poverty and social fragmentation, making girls more vulnerable to early marriage. Yemen currently has no minimum legal age for marriage, having abolished the previous 15-year age in 1999 on religious grounds. Efforts to reinstate a minimum age have faced opposition from conservative factions within the government.
Male Guardianship Laws in Saudi Arabia
The male guardianship laws in Saudi Arabia are currently the subject of ongoing debate. male guardianship is a legal and social system that requires women to obtain permission from a male guardian—typically a father, husband, or brother—for various critical life decisions. This system effectively treats women as legal minors, with limited autonomy over their personal lives. The male guardian has authority over several aspects of a woman's life.
In March 2022, Saudi Arabia introduced its first Personal Status Law (PSL), which codified many aspects of the male guardianship system while claiming to modernize family law. However, the law continues to reinforce gender discrimination by maintaining male control over women's rights in marriage, divorce, and custody.
The guardianship system has profound implications for women's autonomy and opportunities. For example:
- Women cannot serve as legal guardians for their children.
- They face barriers in accessing education and employment opportunities due to the need for male consent.
- The system perpetuates economic dependency on male relatives.
This also increases the concern of child marriage Although recent regulations prohibit marriage for girls and boys under age 15 and require court approval for those under 18, women still need male guardian approval to marry. This creates vulnerabilities for young girls who may be forced into marriage without adequate protection.
We discussed the challenges and causes that led to this crisis. Now it is time to share some solutions. What I believe is that if climate change, renewable energy, poverty and hunger, and wars are reasons for every country to work on a global scale, why can't women's and children's safety be as well? On an individual level, can we help society change its Behavioral mindset toward women stereotypes and become more empathic toward females? In India, I learned that everything starts at home. So let's start at home with you. You are teaching your children to treat all women with dignity and respect, whether they are their mothers, sisters, or anyone else.
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