Iraq’s Supreme Court suspends revised law lowering marriage age to 15

MPs lodged lawsuits against amendments to the country’s 1959 Personal Status Law

The Iraqi Parliament in Baghdad. AFP

Amendments to Iraq's personal status law have been suspended by the country's Supreme Court, pausing plans to allow girls as young as 15 to marry.

The bill, early drafts of which suggested reducing the marriage age to nine, was passed at the end of January, but the Parliament did not release the quorum or vote count. Videos shared on social media of the session showed the chamber in disarray, with shouting and some MPs leaving.

Politicians raised objections to the process of passing the law, which was wrapped into a package with legislation concerning land rights and a general amnesty. By including bills catering to different sections of Iraqi society, it was able to pass.

In a statement issued to Iraq's news agency, the court said it was reviewing whether the law was constitutional and said the pause was temporary until a decision was reached. It added that the bill had been challenged by lawsuits.

Each of the three bills in the package need to be separately voted on by President Abdul Latif Rashid before coming into force. Reducing the age to less than 18 breaks treaties on the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women, which set the minimum age at 18. Iraq is a signatory to those treaties.

A copy of the amendments seen by The National says citizens will be allowed to choose whether to be subject to the provisions of the current 1959 Personal Status Law or the provisions of the Shiite Jaafari Islamic school of jurisprudence. Sunni political parties will not submit their code of Sharia and will adhere to the current law.

The 1959 law is considered one of the most progressive family laws in the Middle East, and moves to change it sparked popular protest and action by activists and MPs. It sets the marriage age at 18 and only allows marriage at 15 under judicial approval.