Iraq's parliament is advancing a controversial amendment to the Personal Status Law, which would shift authority over marriage and inheritance matters from state law to religious authorities. The proposed change, which had its first reading on August 4, 2023, has raised serious concerns among human rights organizations and activists, who warn that it could severely undermine the rights of women and girls in Iraq.

The bill, if enacted, would allow for marriages of girls as young as nine, erode legal protections for women concerning divorce and inheritance, and create separate legal systems based on religious sects. This move has sparked widespread criticism, with opponents arguing that it would exacerbate Iraq's already significant issue of child marriage and entrench sectarian divides.

Sarah Sanbar, a researcher for Human Rights Watch in Iraq, strongly criticized the bill, stating, "The passage of this bill would be a devastating setback for Iraqi women and girls, jeopardizing the rights they have fought to secure. Legalizing child marriage would deprive many girls of their futures and well-being. Girls should be in school, not in a wedding dress."

Iraqi activists and rights groups have mobilized against the amendment, with over 15 female parliamentarians from various parties uniting to oppose it. Previous attempts to pass similar amendments in 2014 and 2017 were unsuccessful, and opponents hope to see the same outcome this time.

The amendment would also legitimize unregistered marriages conducted by religious leaders, removing criminal penalties and transferring finalization authority to these leaders. Such marriages are a significant loophole that has facilitated the rise of child marriage in Iraq, where 28 percent of girls are married before the age of 18, according to a March 2024 report by Human Rights Watch.

Furthermore, the amendment threatens to diminish inheritance rights for women, who already inherit less than men under current laws. In some cases, religious laws could reduce their share even further, potentially leaving them without adequate means of support.

The proposed amendment was introduced by Raad al-Maliki, who also sponsored a controversial anti-prostitution law passed in April 2024. That law has been criticized for criminalizing same-sex relations and "promoting homosexuality," breaching fundamental human rights, including freedom of expression, privacy, and equality for LGBT people in Iraq.

The amendment's critics argue that it violates Iraq's international obligations, including treaties like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child. By legalizing child marriage and perpetuating gender inequality, the amendment could also breach the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights.

Sanbar urged Iraqi lawmakers to reject the amendment, warning that its passage would "undermine decades of progress and perpetuate an oppressive patriarchal legal system for current and future generations of Iraqi women."

The bill will undergo two additional readings and a debate before a final vote, leaving its fate uncertain but the stakes high.