Iraq's Controversial Personal Status Law: The future of girls at a crossroads

Shafaq News

05-02-2025

Shafaq News/ In Iraq's Al-Diwaniyah province, a mother's fears weigh heavily on her heart. Umm Alia, a resident, voices her deep concerns about the amendments to the Personal Status Law, fearing for the future of her three daughters, aged thirteen to sixteen.
"When Parliament voted on this law, fear gripped me," she confessed to Shafaq News. "My husband has always supported early marriage, and now, with legal backing, he sees this as an opportunity to wed our daughters off before they even finish school."
Her daughters are currently in secondary school, but her husband believes their education should be left to the discretion of their future husbands. He argues that rising living costs and scarce job opportunities make it difficult to sustain them, and marriage is the only viable option.
"Our province is deeply tribal," she explains. "Most marriages take place among relatives, and the men hold the final say in these decisions. Women, mothers, daughters, sisters, none of us can refuse or challenge them. That's why I fear for my girls. Their future is at risk."
Umm Alia's fears echo the concerns of many Iraqi women who feel increasingly powerless under the weight of cultural traditions, economic hardships, and legal changes that diminish their autonomy. As the amendments to the Personal Status Law threaten to undo decades of progress, women's rights in Iraq stand at a critical crossroads.
Personal Status Law: An Overview
In 1959, Iraq introduced Personal Status Law No. 188, a ground-breaking piece of legislation that was considered one of the most progressive in the Middle East. Before its enactment, Iraq's legal system was largely governed by religious and tribal customs, which often left women vulnerable to forced marriages and domestic abuse. This law sought to rectify such inequities by establishing comprehensive civil regulations for marriage, divorce, inheritance, and child custody.
The law set a minimum marriage age, granted women certain legal rights in divorce cases, and ensured they received a fair share of family estates. It was a beacon of progress, designed to protect women and grant them a measure of autonomy in a deeply patriarchal society. However, over time, the influence of religious and sectarian ideologies eroded many of these protections.
As sectarian divisions deepened, particularly after the 2003 US-led invasion, interpretations of the law became increasingly inconsistent. The Shia-majority government pushed for greater recognition of religious courts, which began applying their own interpretations of Sharia law to matters of marriage, divorce, and inheritance. Over time, the growing influence of religious courts eroded the secular nature of the law, limiting women's legal protections and making it more difficult for them to seek justice.
In January 2025, Iraq's Parliament passed controversial amendments to the Personal Status Law, igniting widespread concern. The most alarming change was the lowering of the legal marriage age to as young as nine, with parental consent. Many view this as a return to archaic practices that violate basic human rights.
Beyond the Numbers
According to a 2021 UNICEF report, 25% of girls in Iraq are married before the age of 18, with the rate being significantly higher in rural and tribal areas like Al-Diwaniyah. Early marriage often leads to the discontinuation of education for girls, with only 15% of young married girls in Iraq continuing their education after marriage, according to a study from the United Nations Population Fund (UNFPA).
The impacts of early marriage are profound, both on women's rights and health. The World Health Organization (WHO) states that girls under 18 are more likely to experience complications during pregnancy and childbirth, which is a leading cause of death for girls aged 15-19 globally. Child brides in Iraq often face severe mental health challenges, including depression, anxiety, and post-traumatic stress disorder, as noted by Human Rights Watch in 2023.
Dr. Laila Al-Sabah, an Iraqi women's health advocate, emphasized the consequences of early marriage, "Child marriage not only deprives girls of their childhood, but it also denies them the ability to contribute meaningfully to society. Education is the key to breaking the cycle of poverty, and early marriage locks them in it."
These amendments also promise to introduce significant social changes. "Girls who marry early will create a new dynamic in schools, with some students being pregnant. This will lead to societal changes and problems we can ill afford," warned Ansam Salman, president of the AISEN Organization for Human Rights and Sustainable Development.
Sectarian Divisions And Political Dynamics
The amendments have deepened existing sectarian divisions within Iraq. Shia political factions, including the Shiite Coordination Framework, have renewed calls to pass the controversial amendments, viewing them as a means to align the legal system with Islamic principles. In contrast, Sunni political leaders and activists have expressed strong opposition, arguing that the changes undermine women's rights and exacerbate sectarian tensions.
For instance, Sunni leaders have criticized the amendments for potentially legalizing child marriage and granting religious courts increased authority over family matters, which they argue could marginalize secular legal principles and women's rights. The Sunni opposition emphasizes the need for a unified civil law that protects the rights of all citizens, regardless of sectarian affiliation.
Rizan Sheikh Delir, former MP, emphasized, "The law is not just about legalizing early marriage, it's about silencing the voices of girls. We cannot accept a law that treats children as commodities and takes away their right to a safe and healthy future."
The efforts to overturn the amendments have also garnered support from both local and international organizations. The Coalition 188, a network of civil society organizations and activists, is working alongside embassies and human rights groups to appeal to Iraq's Federal Court. The coalition is coordinating with international human rights organizations to address the law's violations of international treaties.
In response to these growing concerns, Rizan Sheikh Delir stated, "In such cases, countries unite to condemn these violations. Therefore, we will appeal to the President of the Republic and the Federal Court."
The Organization of Women's Freedom in Iraq (OWFI), founded in 2003, has been a pivotal force in advocating for women's rights and opposing this Law.
Ansam Salman, a member of OWFI warned, "This law does not just affect one generation, it impacts the future of our entire society. Women and children will bear the brunt of this regression, and the ripple effects will be felt for decades."
Law to Establish Jaafari Personal Status Code
On her part, Dunia Al-Shammari, head of the Women, Family, and Childhood Committee in the Iraqi Parliament, stated, "The Personal Status Code has the force of law. This code will include rulings and religious matters from senior and highly respected scholars in Iraq, written and formulated in legal terms by specialists in personal status law."
Al-Shammari added in an interview with Shafaq News Agency, "This code will be submitted to Parliament within four months of the law's issuance. The purpose of this law is to form a committee to draft the rulings related to the subject."
She explained that "when the code reaches Parliament, there will be deliberations within the Council lasting one month, after which a vote will be held to adopt the code. It will be a Personal Status Code according to the Jaafari school of thought, and it will be optional for those who wish to follow it."
She also clarified that "the law is not retroactive for those already divorced. However, married individuals who wish to amend their status according to the Jaafari school can submit a request to the court to change to the Jaafari school."
She emphasized that "this code applies only to the Jaafari school. The Sunni school rejected being included in this amendment, so they will have their own code within the law."