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A Mother’s Fear: Proposed Amendments to Iraq’s Personal Status Law and its Devastating Impact on Women’s Rights

Iraqi parliament is currently reviewing proposed amendments to the Personal Status Law, the civil set of laws regulating family life. Among the proposed changes are lowering the age of marriage and legalizing marriage outside of the formal court system. Kavin Mirteekhan, program manager at Women for Women International, explains what is at stake for women and girls in Iraq.

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Baghdad, Iraq - 11 November 2022: Children on the balcony of a house in Baghdad

It’s not just about my children, but about all Iraqi girls who deserve to have a childhood free from the burden of adult responsibilities, who deserve the chance to pursue their dreams, and who deserve protection under the law.

As a mother of a daughter, my heart is filled with fear about the uncertain future of women’s rights in Iraq. The recent push to amend the Personal Status Law has stirred deep emotions within me—fear, anger, and disbelief. I wonder what kind of future awaits my daughters if such laws take effect. Will they grow up in a society where their rights are respected, or will they be pushed back into a time when girls were stripped of their childhood, education, and dreams? 

Changes to the Personal Status Law 

The proposed amendments, currently under discussion in the Iraqi parliament, have completed their second reading. After being reviewed by the legal committee, they will proceed to a third reading before being put to a vote.  

The current Personal Status Law, passed in 1959, was once hailed as one of the most progressive in the region, even though it was not perfect. It established a minimum age for marriage and offered protections for women in cases of divorce and child custody. With the proposed changes, those hard-won protections are at risk of being undone.  

If passed, the new law lowers the age of marriage to potentially nine years old, strips mothers of child custody if they remarry, regardless of the circumstances, and legalizes marriages conducted by religious leaders outside of the court system. Such marriages often go unregistered, leaving women vulnerable with no legal protection.  

What’s at stake for women and girls  

What does this mean for Iraqi women and girls? It means that their lives will be dictated not by principles of justice and equality but by the varying interpretations of religious texts. Legalizing out-of-court marriages and lowering the age of marriage is nothing short of institutionalizing child marriage. The idea that, in my own country, girls as young as nine could be married outside of any formal legal framework, with no recourse to justice should their rights be violated, is terrifying. Girls married off before reaching adulthood could be denied access to education, healthcare, and basic human rights. 

Iraq is already a country where too many young girls are married before they turn 18. According to UNICEF, 28% of Iraqi girls are married as children. The current proposal would make this even worse, virtually legalizing child marriage and erasing any hope of protection for these vulnerable girls. Legalizing out-of-court marriages only exacerbates the situation, leaving women with no recourse if their marriage ends or they are abandoned by their spouse. 

As I think about my daughters, I cannot help but feel a deep sense of dread. The thought that, under the guise of “freedom of choice,” a law could allow a child—someone who should be in school, learning, and playing—to be married is terrifying. It’s not just about my children but about all Iraqi girls who deserve to have a childhood free from the burden of adult responsibilities, who deserve the chance to pursue their dreams, and who deserve protection under the law. 

The argument in favor of this amendment—freedom of choice—sounds innocent enough. It is presented as a way for families to live according to their religious beliefs. But what about the choice of the girls themselves? What about their right to choose when and if they want to marry? This amendment does not give them that choice. Instead, it places their fate in the hands of others, reinforcing a system where their voices are silenced, and their lives are dictated by outdated customs. 

Progress undone 

As a mother, an Iraqi woman, and someone deeply committed to advancing women’s rights, I fear that this law will set us back. We have worked tirelessly to promote women’s rights in Iraq through various initiatives at Women for Women International, including a grassroots advocacy and leadership training program called Change Agents. We have also launched a pilot program for adolescent girls, equipping them with the tools and knowledge to overcome the challenges they face. Our efforts are dedicated to empowering women across Iraq through our signature Stronger Women, Stronger Nations program, where women from diverse ethnic backgrounds come together to learn how to earn and save money, influence decisions, build businesses, understand their rights, and improve their health. All this progress could be derailed if this amendment is passed. 

My fear is not just for the legal implications of this law but what it symbolizes. It represents a regression to a time when women’s rights were secondary to men’s and when their worth was measured by their marital status rather than their contributions to society. This law sends a message to young girls that their futures are not their own and that they are not valued for their intellect, talents, or potential, but for their ability to fulfill traditional roles. 

It is painful to think about the long-term impact this could have on our society. Iraq has the potential to be a country where women are leaders, decision-makers, and agents of change. But with laws like this, we risk stunting that progress and consigning future generations of women to lives of subservience and inequality. 

The protests against these amendments have been fierce, with women across Iraq raising their voices in opposition. But we need more than protests; we need action. We cannot allow this amendment to pass without a strong and unified resistance. I call on the international community to stand with Iraqi women in this fight. If this amendment passes, it will not only mark a setback for women’s rights in Iraq—it will be a tragedy for every woman and girl who dreams of a future where she is free to make her own choices, live her own life, and contribute to her community in meaningful ways. I refuse to accept this future for my daughters. All the daughters of Iraq deserve better, and I hope that, together, we can ensure that this law never becomes a reality. 

Kavin Mirteekhan is a program manager for Women for Women International Iraq.  

The views represented in this piece are those of the author and do not express the official position of the Wilson Center.    

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About the Author

Kavin Mirteekhan

Program Manager, Women for Women International
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Middle East Program

The Wilson Center’s Middle East Program serves as a crucial resource for the policymaking community and beyond, providing analyses and research that helps inform US foreign policymaking, stimulates public debate, and expands knowledge about issues in the wider Middle East and North Africa (MENA) region.  Read more

Middle East Women's Initiative

The Middle East Women's Initiative (MEWI) promotes the empowerment of women in the region through an open and inclusive dialogue with women leaders from the Middle East and continuous research.  Read more