“Would politicians let their nine-year-old daughter get married? I’m sure not but they would allow the oppressed Iraqi population to do so,” Suhalia Al Assam, a women’s rights activist, told The National on Wednesday, amid outrage caused by proposed amendments to Iraq's Personal Status Law.
If passed, the changes, pushed by mostly Islamist Shiite parliamentarians, could legalise child marriages and allow for personal status matters to be ruled on the basis of sectarian law.
Critics of the amendments fear this could fuel sectarianism in the country and empower religious clerics over civil courts.
The Iraqi parliament held its first reading of the bill on Sunday, causing immediate criticism as a protest is expected to be held in Baghdad on Thursday afternoon to denounce the proposed changes. In order for a bill to become binding it must have three readings, be debated thoroughly and then a vote will be held unanimously.
“The Iraqi community categorically rejects these proposals, it is a degrading step for both Iraqi men and women alike. This is what we have been fighting against for years,” Ms Al Assam said.
Human rights activists have accused some of the MPs who are proponents of the draft law of acting out of their own “political interests”.
It has been mainly pushed forward by the Co-ordination Framework – a coalition of Islamist Shiite parties that form the largest bloc in parliament.
“We have seen on social media and through politicians that have spoken out of political bargaining inside the parliament in what they call ‘vote for me and I will vote for you’,” she said.
Iraq's Personal Status Law
The current law is considered to be the most protective of women's rights in the Middle East.
It was passed in 1959 by “specialists, lawyers, all religious heads, and experts and this was one of the best laws in the Middle East”, Ms Al Assam said, arguing that the majority of those currently in power in Iraq lack the expertise to enact changes.
The law stipulates the legal age of marriage for both men and women is 18, and taking a second wife is extremely restricted.
It also states that a Muslim male is allowed to marry a non-Muslim female without conditions or restrictions and a woman can disobey her husband if he harms her by failing to provide adequate housing or care should she fall ill.
“Many politicians have attempted to do this in the past, but failed. This is a civil law that includes all aspects of Iraq’s society regardless of religious background,” she explained.
The proposed changes stipulates that officials from the Shiite and Sunni endowments can end marriages, instead of the courts.
It also enables Sunni and Shia endowments to have a code of legal rulings that it would govern from. The law would be based on the Ja'fari law, named after the sixth Shiite Imam Ja'afar Al Sadiq, who founded his own school of jurisprudence. It deals with issues of marriage, divorce, inheritance and adoption.
The proposed bill would allow Iraqi Shiites to follow the Ja'afari school of jurisprudence, which permits marriage for girls as young as nine and boys at fifteen.
Criticism of amendments
Hassan Wahhab, founder and president of Iraqi Human Rights Defenders and Activists Consortium, told The National the law must be studied carefully to ensure the protection of women and children, as well as their rights.
“We are blaming the parliament for not consulting with experts and organisations to reach an acceptable, unbiased amendment that takes into account the rights of children and women,” said Mr Wahhab, who has also worked with vulnerable and marginalised groups for the Iraqi Al Amal Association.
“This is the real problem here, also ignoring and not respecting the large number of voices that are calling for the halting of this amendment, is a big issue,” he said.
Mr Wahhab said there are currently numerous cases in Iraq that are not registered, warning this could increase if the law is amended.
“It would violate Iraq's international obligations, especially what is stated in the Convention on the Rights of the Child,” he said.
More than 15 female MPs have formed a bloc to oppose the draft bill. They have held several meetings with political leaders and called on other women to join their party.
They also criticised lawmakers for not giving the full details of the proposed amendments or laying out what this could mean going forward if it passes.
“Our rejection is not based on emotional issues, as some might claim, nor is it driven by external motives, but rather based on legal, religious, professional, and social observations, and stems from a sincere concern to protect the Iraqi family,” the women’s bloc said.
Ruba Al Hassani, a legal Sociologist at Lancaster University, told The National that the formation of such a coalition made up of female politicians from across the political spectrum is a first in post-2003 invasion Iraq.
The coalition's goal is to defend women's and children's rights from modifications to legislation such as “changes to child custody during legal battles, where a father would be favoured regardless of the child's age or the circumstances surrounding the legal battle. Also that a woman be denied inheritance, especially of real estate, after her husband's death”, Ms Al Hassani said.
If pushed forward, the bill would “compromise future generations”, she said.
The proposed bill is also pushing for the amendment of the amnesty law bill by Sunni politicians, which if passed, will see the release of prisoners. They argue that thousands from their community have been unjustly imprisoned in Shiite-dominated Iraq since 2003 due to alleged links to terrorist groups.
Ms Al Hassani said this move is seen as a package deal between Sunni and Shia politicians who are bargaining their way towards passing both of the draft bills.
“It's a 'you scratch my back while I scratch yours' situation with the understanding that Sunnis would vote for the Amnesty Bill and that Shia MPs would vote for the Personal Status bill,” Ms Al Hassani, who is an expert on legal Iraqi societal matters, told The National.
“By doing so, there's an attempt to further sectarianise society at a time when Iraqis are tired of years of sectarianism,” she said.
