Iraq: a Legal Backdoor to Child Marriage?

Written by Yvonne Misando

Iraq has recently made significant changes to its laws regarding marriage, particularly affecting children. The new amendments to the Personal Status Law No. 188 of 1959, passed on January 21, 2025, have spread concern globally as they effectively legalize child marriage. Previously, the legal age for marriage in Iraq was set at 18 years for both girls and boys, with certain exceptions allowing for marriage at 15 under judicial approval. However, these amendments grant clerics the authority to interpret “Islamic Sharia principles” in determining marriage eligibility, potentially permitting marriages for children as young as fifteen.

The specific wording of the amendment states:
“Marriage eligibility shall be determined by authorized religious clerics based on their interpretation of Islamic jurisprudence, overriding civil law where applicable.”

This effectively shifts the power of regulating marriage from civil courts to religious authorities, undoing decades of legal protections. Critics argue that this move undermines the progress made since 1959 when Iraq first established 18 as the minimum marriage age, and warn that it poses serious risks to children’s rights and welfare.

Article 7 of the Personal Status Law No. 188 previously stated:
“No marriage contract shall be executed if either party is under the age of 18, except by a judge’s decision under exceptional circumstances and upon verification of physical and mental maturity.”

However, the amendments bypass this civil oversight, allowing clerics to decide eligibility without requiring court intervention or verification of maturity.

Opponents emphasize that these changes disproportionately affect girls, exposing them to abuse, health risks such as early pregnancy, and the denial of education. The United Nations Convention on the Rights of the Child (CRC), to which Iraq is a signatory, explicitly calls for the elimination of child marriage and recognizes 18 as the minimum age for marriage to protect children from exploitation.

Activists and human rights organizations, including Human Rights Watch and UNICEF, have expressed outrage, warning that the amendments violate international treaties and Iraq’s constitutional guarantees of protecting children’s rights (Article 29 of the Iraqi Constitution).