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Iraq's Controversial Bill Amendment Sparks Fear of Legalized Child Marriage


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In post-2003 Iraq, there have been numerous attempts by Islamist factions to alter family laws to increase religious authorities' influence. These efforts have largely failed, but this time, the situation seems more precarious.

 

“This is the closest we've come to actually seeing this through, and if this happens it's probably going to be one of the most impactful events in Iraq's post-2003 history, with huge repercussions going forward,” Alshamary tells TIME.

 

The proposed amendment seeks to modify the 1959 Personal Status Law, allowing Muslim families the option to marry under civil or religious law. Presently, all marriages and divorces must be processed through secular civil courts to be recognized by the government. If the amendment passes, Muslim families would have the option to marry under either the Sunni or Shi’ite legal systems.

 

The amendment raises significant concerns, particularly regarding the potential for legalizing child marriage. The Ja’fari school of Shi’ite Islam, interpreted by some clerics, permits marriage for girls as young as nine. While not all Shi’ite clerics support this interpretation, the possibility has alarmed activists. Given that Shi’ite Muslims constitute about 55-60% of Iraq’s population, according to the U.S. Department of State, the amendment could impact a substantial portion of the population. Child marriage is already a pervasive issue in Iraq, with a 2023 UNICEF report indicating that approximately 28% of girls marry before 18. The amendment could exacerbate the problem.

 

“Just the possibility of [legalizing child marriage] is alarming enough because we already see significant underage marriage in Iraq,” Alshamary warns.

Experts also caution that the amendment risks deepening sectarian divisions in a country still reeling from the fractures intensified by the 2003 invasion.

 

“This proposal takes away [power] from the state and gives it to the religious establishment,” says Nida Alahmad, a lecturer at the University of Edinburgh. She fears that establishing separate legal systems for Sunni and Shi’ite Muslims could further entrench sectarian divides. “[It] makes the state fragmented and further institutionalized along sectarian groups.”

 

The next steps for the amendment involve a parliamentary debate before it can be scheduled for a vote. A simple majority in parliament would suffice to pass the amendment into law. As of now, an official debate has not been scheduled.

 

Based on a report by Time 2024-01-16

 

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Posted

Lived and worked in M. E..... Biggest HIPPOCRATES.. I the world.. Drinking, smoking, taking prostitutes... Can't trust them. 

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