A Return to Tradition? Iraq Legalizes Child Marriages
Iraq, a parliamentary republic in the Middle East, has long distinguished itself from theocratic regimes like Iran or Afghanistan, where strict Sharia laws and conservative Islamic customs dominate. Unlike these nations, Iraq’s multi-ethnic society encompasses diverse beliefs and traditions, reflected in its post-2005 constitutional framework that allows political parties and communities a degree of autonomy to interpret and practice their customs, even if not directly restricted by federal laws.
One of the most contentious issues in the Islamic world—child marriage—has now entered the spotlight in Iraq. While the country’s official legal framework sets the marriage age at 18, adopting principles rooted in modern Egyptian law influenced by French legal traditions, many communities have continued to practice child marriage. These informal practices are now being formally legitimized under the influence of the Sadrist Movement, an Iraqi Shi’a Islamic nationalist political force led by Muqtada al-Sadr.
With the government’s decision to legalize child marriages, Iraq appears to be moving closer to adopting a model resembling that of Iran’s Islamic Republic, where traditional and religious codes overshadow modern legal frameworks. This shift raises concerns about Iraq’s trajectory, signaling a potential alignment with stricter interpretations of Sharia law and marking a significant transformation in its societal and political fabric.
Although Iraq has prohibited marriage for those under 18 since the 1950s, with judicial approval required for those aged 15 to 17, a UN survey found that 28% of girls in Iraq are married before adulthood. Many girls are either coerced or pressured into marriage, often dropping out of school to do so.
Instead of strengthening laws to prevent underage marriage or providing support for girls from disadvantaged backgrounds to finish their education, recent amendments to Iraq’s Personal Status Law could have the opposite effect. The new law, passed by parliament, would allow girls as young as nine to marry and shift authority over family matters—including marriage, divorce, and child custody—to religious bodies. Critics argue that these amendments effectively legalize child marriage, deepening concerns about the protection of girls’ rights in Iraq.
The amendments have sparked widespread outrage among Iraqi MPs and women’s rights advocates, who argue that the law represents a significant setback. Many warn that it effectively legitimizes child exploitation, with activists condemning it as “Legalizing Child Rape.” This controversial shift has drawn intense criticism, with concerns that it will undermine the rights and futures of young girls in Iraq. Critics—including activists and opposing lawmakers—caution that, if enacted, the changes would likely lead to a rise in underage marriages, further jeopardizing the well-being and opportunities of young girls throughout the country.
Activists argue that the push to legalize child marriage is a calculated attack on women’s rights and freedoms, driven by the prominent role young women played in Iraq’s 2019 anti-government protests. The mass demonstrations, primarily led by youth, emphasized the growing empowerment of women in Iraqi society. In the aftermath, political and religious factions viewed feminist movements, women’s organizations, and activist networks as direct challenges to their power and authority. As a result, these groups were seen as threats, prompting efforts to suppress and restrict them.
Proponents of the amendments, largely supported by conservative Shia lawmakers, argue that the changes are necessary to align Iraq’s laws with Islamic principles and to shield the country from perceived Western cultural influence. However, critics see this as an attempt to tether Iraq more closely to the Islamic Republic of Iran, which views the West as an adversary and frames its policies as a defense of Islamic values. As Iran’s influence wanes in Syria and Lebanon, Iraq has become a key battleground for asserting regional dominance. By bolstering the Shia government’s control in Iraq, Iran aims to strengthen its grip on the country and pull it further into the fold of the Islamic Republic.
