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Legal and Religious Dilemma: Marriage Age of 9 in Iraq

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Dilema Hukum dan Agama, Usia Pernikahan 9 Tahun di Irak (Ilustrasi)
Dilema Hukum dan Agama, Usia Pernikahan 9 Tahun di Irak (Ilustrasi)
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jfid – Amid increasing international and national pressure, the Iraqi government faces a complex dilemma regarding proposed family law changes that would permit marriage for children as young as nine.

This amendment has sparked intense debate among various societal groups and raises fundamental questions about balancing religious values with human rights protections.

Background of the Proposed Amendment

The proposed legal changes, brought forward by influential Shia blocs in the Iraqi parliament, aim to introduce flexibility in family law by allowing Muslim couples to choose whether to follow the 1959 civil law or more traditional religious laws.

Supporters of the amendment argue that these changes align with the principles of democracy and religious freedom.

According to Middle East Eye, the conservative party coalition proposed this change as a way to maintain religious identity within Iraqi society.

Although the changes do not explicitly mention the minimum marriage age, there is concern that it could be used to permit underage marriages in accordance with Jaafari law, which allows marriage for girls as young as nine.

Criticism and Concerns

Human rights activists and women’s groups have strongly opposed this amendment. They argue that allowing child marriage violates basic rights and could have severe negative impacts on the children involved.

Human Rights Watch warns that such changes would undermine the principle of equality under Iraqi law and could pave the way for broader violations of women’s rights.

Razaw Salihy, an Amnesty International researcher for Iraq, stated that “passing this amendment would close a ring of fire around women and children,” by granting more power to religious authorities that could strip them of their rights.

Public Reaction

Large protests have taken place in major cities, including Baghdad, Najaf, and Basra, where thousands of activists have demonstrated against the legal changes.

Rudaw reports that protesters expressed their concerns that these changes would entrench sectarianism in Iraqi society and erode women’s rights that have been previously recognized.

Inas Jabbar, a member of the Iraqi Women’s Network, stated that the public response to calls for demonstrations has been overwhelmingly positive, despite threats of violence against activists.

Implications for the Future

If approved, this amendment would require couples to choose the religious law that will govern their marriage, acknowledging Jaafari law as a legitimate option. This could deepen sectarian divides in the country and jeopardize the integrity of civil law.

Meanwhile, the Iraqi government faces the challenge of balancing respect for religious identity with ensuring the protection of human rights for all its citizens.

The outcome of this debate will be a crucial determinant of the future of family law and child protection in Iraq.

Conclusion

The debate over the marriage age in Iraq highlights a larger dilemma between maintaining religious values and adhering to international human rights standards.

Ongoing dialogue between the government, civil society, and the international community is essential to achieving a balanced and fair solution.

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