A number of Shiite groups in Iraq have started pushing for amendment of personal laws. If enacted, the Bill related to this amendment would allow girls as young as nine and boys as young as 15 to marry! An amendment proposal was raised in the Iraqi Parliament for the first time on August 4, 2024. As expected, the Women's and Children's Rights Organisations in the West Asian country have opposed the move vehemently.
The Middle East Eye reported that the Shiite groups demanded for amendment of the 1959 Personal Status Law, which set the minimum marriage age for Muslim girls at 18. The Government of Abdul-Karim Qasim Muhammad Bakr al-Fadhli al-Zubaidi had passed the existing law way back in 1959. It may be noted that Abdul-Karim Qasim (November 21, 1914 - February 9, 1963) was an Iraqi military officer and a nationalist who had come to power in 1958 when the Iraqi Monarchy was overthrown during the July 14 Revolution. Qasim ruled the country as the Prime Minister until his downfall and execution during the 1963 Ramadan Revolution.
Qasim had introduced several laws for the development of women in Iraq. No other country in West Asia had such a law at that time. The 1959 Personal Status Law established 18 as the minimum legal age for marriage (for both women and men). This particular law also barred men from having more than one wife, apart from allowing them to tie nuptial knots with non-Muslim women! As per the 1959 Personal Status Law, the Iraqi women enjoy the Right to Refuse their husbands, if a husband fails to provide his wife with food and shelter! However, marriage is allowed even at the age of 15 in the Personal Status Law with the consent of a judge and the guardians of both the bride and groom!
Now, the radical Shiite groups are seeking amendment of the 1959 Personal Status Law. As per the Draft Bill, the wife must accept the husband's opinion in case of any disagreement between the couple! The Draft Bill also mentioned that instead of the courts, the Shia and Sunni religious offices would have the final say on grievances between the husband and wife, and Shia and Sunni religious leaders would have to approve the amendment within six months. It has further stated that the Shiite Code of Conduct would be created on the basis of the Ja'fari Law according to which the age of marriage is nine for the girls and 15 for the boys. The Ja'fari school was imposed as the State Jurisprudence in Iran during the Safavid conversion of the Islamic Republic to Shia Islam from the 16th to the 18th Century.
Although Raed al-Maliki, the lawmaker who introduced the amendment and also supported an anti-LGBTQ Bill in the Parliament earlier in 2024, has refuted claims that the new changes would permit the marriage of minors, the proposed Bill has sparked widespread concern and panic among citizens, particularly activists, in Iraq. Rights advocates are of the opinion that the proposed amendment would certainly undermine Women's Rights and lead to an increase in child marriages in the deeply patriarchal Iraqi society.
The AFP has quoted Human Rights Watch (HRW) researcher Sarah Sanbar as saying: "Passing this law would show a country moving backwards, not forwards." Meanwhile, senior member of the Iraq Women's Network advocacy group Amal Kabashi has stressed that the proposed amendment "provides huge leeway for male dominance over family issues" in the highly conservative Iraqi society.
Human Rights activists have already started staging protests against the proposed legislation. They have also planned further demonstrations in Baghdad and other major cities.
Boundless Ocean of Politics on Facebook
Boundless Ocean of Politics on Twitter
Boundless Ocean of Politics on Linkedin
Contact: kousdas@gmail.com
No comments:
Post a Comment