Lounging quietly in her family’s living room in central Baghdad, 15-year-old Fatima stares into the floor. Things which might be expected to fill the thoughts of a teenager-school, friends-are not considered. This girl thinks about her marriage to a man twice her age. Given that attempts to curb child marriage have proven ineffective, this scenario is hardly unique (or exceptional) in Iraq. Approximately 28% of girls enter into marriage prior to attaining the legal age of 18, as per a recent UNICEF study published in April 2023. However, this statistic underscores a broader issue affecting many regions. Although progress has been made in other areas, the persistence of such practices remains troubling because it reflects deep-seated cultural norms. This is even worse, since Iraqi law allows girls at the age of 15 to get married with the consent of the judges and the parents.
The consequences of such early marriages tend to be far-reaching and disastrous. In 2016, a report by the United Nations Population Fund discussed the impacts of child marriage in Iraq’s northern Kurdistan region. It did not find a pleasant discovery. In part, it explained how these partnerships frequently lead to “unhealthy and ill-informed sexual relations,” such as “unwanted and forced sex, domestic rape, vulnerability to domestic violence and gender-based violence, and adultery.”
One must pay great attention to such instances in order to see the agony caused by such marriages. “These young girls suffer grave harm to physical and mental well-being,” resonates with concern, notes Dr. Amal Hussein, a psychologist who works on cases of Child Marriage in Baghdad. “Many of them suffer from depression, anxiety, and lose all self-esteem. Seeing their childhood taken away from them is the most devastating aspect of it.
Despite these obvious problems, some legislators advocate for changes to the Personal Status Law, also referred to as Law 188. The majority of these lawmakers are members of the Shia Muslim bloc, which includes groups like Hukok, State of Law, and Hikma. The alterations they have suggested (they argue) align with the Iraqi Constitution and Islamic law. Critics assert that these changes, however, present a risk of reversing decades of progress made in the rights of women and children. Since its enactment in 1959, the legislation has been viewed as one of the most progressive in the Middle East; however, this perspective is now being challenged. It scales over all segments of society with one code yet guarantees the rights of women and children.
“The law endures under a regime of changes, wars, civil conflicts, and numerous other challenges over long years,” states Renad Mansour, the senior research fellow at the Chatham House think tank based in London. “That endurance speaks mountains regarding its importance to Iraqi society.”
Zainab Al-Khafaji, a Basra-based women’s rights activist, is strongly against the proposed amendments, saying, “We’re fighting against a tide of regressive thinking.” “These amendments could undo years of progress and condemn countless young girls to a life of suffering.” These proposed amendments, however, could purport to effectively transferring major decision-making power from families and courts to clerics. This is concerning especially since some clerics consider the age of puberty-and thus marriage-at a mere 9 years old.
The debate around those amendments is receiving passionate discussions across the length and breadth of Iraq. People grapple with what they think regarding tradition, religion and human rights in coffee shops, at universities or at home. The sight of the sun shining down on Baghdad now makes Fatima’s mother, Karima, feel both affection and worry for her daughter. “I want something better for her,” murmurs a tearful Karima, “but what can we do when tradition and poverty force us into these choices?” The story of Fatima and millions of other Iraqi girls is hanging in the balance as this mighty country struggles with heavy issues. Although lawmakers engage in debate and society undergoes a period of introspection, the futures of thousands of young girls remain uncertain. The world watches closely, hoping that Iraq will select a course that safeguards its most vulnerable citizens and guarantees a brighter future for all its children.
