Our Statement is also available in Arabic.
We at Musawah, a global movement working for equality and justice in the Muslim family, stand in firm opposition to the recent proposed amendments to the Personal Status Law in Iraq. These proposed amendments seek to alter the 1959 Personal Status Law, a critical legal framework that has, for decades, provided protection and equality for Iraqi women, girls and families under state law and does not contradict Islamic rulings.
The proposed bill not only contravenes settled objectives of the Sharia which protect life, reason, religion, lineage and property, but it also undermines the principle of legal equality for all Iraqis, as enshrined in Article 14 of the Iraqi Constitution. It threatens to fragment the legal system by subjecting marriage, divorce, custody, and inheritance matters to the discretion of religious leaders rather than the rule of law, and violates Iraq’s obligations under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child, both ratified by Iraq in 1986 and 1994, respectively.
The potential ramifications of this bill are dire and far-reaching, as it endangers the lives and bodies of women and girls, impacting generations to come. By opening the door to child marriage, it places children at risk of severe emotional and physical harm. The bill would also jeopardize the rights of children in legal disputes between spouses, and further entrench gender inequality by favouring men in cases of divorce, custody and inheritance. In divorce proceedings, the bill threatens to return women to a state of legal vulnerability, where their right to fair alimony, child support and equitable division of marital assets could be severely compromised, leaving them and their children economically disadvantaged and socially marginalised.
Using Islam to justify the institutionalization of violence and discrimination against women and children is in total contradiction to the spirit and letter of Islam. Child marriage, for example, is a violation of both the high principles of Shar’ia as well as contemporary Muslim jurisprudence and laws on the family today. The Qur’an describes marriage as a solemn covenant (mīthāq ghalīz). In the Islamic legal tradition, marriage is a contract (‘aqd) between two parties who, as with any contract, must enter it freely and mature consent, which includes an offer (ijāb) and acceptance (qubūl). A person’s legal capacity to enter a contract is predicated on attaining intellectual maturity (rushd). Thus a marriage contract should also be between two individuals who have intellectual maturity and not only the physical capacity to procreate (bulugh). In other words, bulugh without rushd does not constitute the legal capacity for marriage. Furthermore, taking into consideration the Islamic juristic principles of “no harm” and “avoiding harm is prioritised over gaining benefits” we can confer that even if an action results in both good and harm, it is preferable first to avoid the harm.
Additionally, there are now studies based on solid Islamic textual sources as well as other contemporary methodologies, which challenge the traditional understanding that Aishah’s age was 9 years old at the time of her marriage to the Prophet. Rigorous historical research is showing that it is more likely that Aishah was 19-years-old at the time of her marriage.1
The lived realities of women today reveal the profound harm caused by discriminatory family laws, both to women and the development of entire societies. These inequalities limit women and girls’ rights to education, employment, economic independence, and full participation in society while increasing their vulnerability to gender-based violence and compromising their bodily autonomy and reproductive health and rights.
Such injustices are in direct contradiction to Quranic principles and an ethical worldview that affirm the equal worth of all humans, who were created from a single soul (nafs wahida), and envision marriage as a partnership between equals, grounded in values of justice (adl), beauty and goodness (ihsan), and dignity (karamah).
Both Shi’i and Sunni leaders and authorities have therefore issued religious fatwas and legal opinions against issues such as violence against women and child marriage. Numerous Muslim countries around the world also have Muslim family laws that regard marriage as a partnership of equals; put the minimum age of marriage at 18 years; expand women’s right to divorce; have child custody up to 15 years of age and beyond for mothers based on the ‘best interest’ of the child; and secure women’s financial rights post divorce in a fair and equitable manner.2
We stand in solidarity with the Iraqi women, girls and rights groups protesting this bill in Baghdad. We also extend our solidarity to the 15 women parliamentarians united against these amendments. The rushed introduction of this bill, without proper consultation with legal, medical, sociological and religious experts, and without opening it to a democratic public debate, prioritizes political agendas over the rights and wellbeing of citizens, particularly women and girls.
We call on Muslim religious and political leaders in Iraq and around the Arab and Muslim world to take a definitive stand against this bill. We urge them to support the women of Iraq who continue to fight tirelessly for their right to equality, dignity, and justice. We strongly encourage Iraqi lawmakers to give precedence to progressive Islamic principles and jurisprudence that address today’s lived realities, seeking the justice and equality deeply enshrined in Islam.
In Solidarity, Musawah
For media or other inquiries please contact: info@musawah.org
Musawah is a global movement for equality and justice in the Muslim family. Since launching in 2009 in Malaysia, Musawah has built a knowledge-based global movement, bringing together activists, policy makers and scholars to challenge the use of Islam in justifying discrimination against women in law and practice, and to offer an alternative Islamic rights-based discourse and framework to advocate for equality and justice for women living in Muslim contexts.
1 See, Amin, Y. 2022. ‘Your Wife Enjoys Rights Over You’ or Does She? Marriage in Hadith. In: Mir-Hossein, Z., Al-Sharmani, M., Rumminger, J. and Marsso, S. Justice and Beauty in Muslim Marriage: Towards Egalitarian Ethics and Laws. And also see, Amin, Y. Revisiting the Issue of Minor Marriages: Multidisciplinary Ijtihād on Contemporary Ethical Problems. In: Reda, N., and Amin, Y. Islamic Interpretive Tradition and Gender Justice: Processes of Canonization Subversion and Change
2 See Musawah’s Positive Developments in Muslim Family Laws Table for more.
مصادرنا المعرفية
Musawah OHCHR Submission on Child Marriage 2013
Positive Developments in Muslim Family Laws
Iraq-Overview of Muslim Family Laws and Practices
Musawah’s Compilation of Resources
Musawah’s Policy Brief 2: Ending Child Marriage in Muslim Family Laws
Musawah’s KB Brief 5: Rethinking Qiwamah and Wilayah
Other Resources
Ayatollah Sistani | Commentary on Child Marriage and Temporary Marriage
Egypt’s Dar Al-Ifta | Marriage of Minors in Islam (dar-alifta.org)
Indonesia KUPI Fatwa | Manuscript of Religious Deliberations on Child Marriage
الإجابة ليست تسع سنوات… كم كان عمر السيّدة عائشة عند دخول الرسول