Iraq: Child Marriage Bill Would Allow Girls To Wed, Severely Limit Women's Rights

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The proposed new measure, known as the Jaafari Personal Status Law, is based on the principles of a Shiite school of religious law founded by Jaafar al-Sadiq, the sixth Shiite imam.

Ahmadiyya Times | News Watch | US Desk
Source/Credit: The Huffington Post / AP
By Sameer Yaqoob / Sinan Salahdden | March 14, 2014

BAGHDAD -- A contentious draft law being considered in Iraq could open the door to girls as young as nine getting married and would require wives to submit to sex on their husband's whim, provoking outrage from rights activists and many Iraqis who see it as a step backward for women's rights.

The measure, aimed at creating different laws for Iraq's majority Shiite population, could further fray the country's divisions amid some of the worst bloodshed since the sectarian fighting that nearly ripped the country apart after the U.S.-led invasion. It also comes as more and more children under 18 get married in the country.

"That law represents a crime against humanity and childhood," prominent Iraqi human rights activist Hana Adwar told The Associated Press. "Married underage girls are subjected to physical and psychological suffering.

Iraqi law now sets the legal age for marriage at 18 without parental approval. Girls as young as 15 can be married only with a guardian's approval.

The proposed new measure, known as the Jaafari Personal Status Law, is based on the principles of a Shiite school of religious law founded by Jaafar al-Sadiq, the sixth Shiite imam. Iraq's Justice Ministry late last year introduced the draft measure to the Cabinet, which approved it last month despite strong opposition by rights groups and activists.

The draft law does not set a minimum age for marriage. Instead, it mentions an age in a section on divorce, setting rules for divorces of girls who have reached the age of 9 years in the lunar Islamic calendar. It also says that's the age girls reach puberty. Since the Islamic calendar year is 10 or 11 days shorter than the Gregorian calendar, that would be the equivalent of 8 years and 8 months old. The bill makes the father the only parent with the right to accept or refuse the marriage proposal.

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