Iraq parliament passes disputed laws, could allow child marriage

The Iraqi Parliament has sparked outrage after approving three controversial laws, including amendments to the Personal Status Law that could legalise child marriage for girls as young as nine and a General Amnesty Law that could possibly grant pardons for embezzlement and drug-related offences.

The legislation was passed during a chaotic session on Tuesday, raising concerns from activists, lawmakers, and human rights organisations about its implications for women’s rights, judicial integrity, and accountability.

One of the most contentious aspects of the new legislation is the amendment to the Personal Status Law No. 188 of 1959. The change allows religious clerics to adjudicate marriage cases based on their interpretations of Islamic law, potentially enabling child marriage for girls as young as nine and boys as young as 14 under the Jaafari school of jurisprudence followed by many Shia authorities.

Amal Kabashi, a women’s rights activist and member of Coalition 188, condemned the law in strong terms. Speaking to The New Arab, she said, “This law fragments society, undermines constitutional principles, and promotes sectarianism. It is a betrayal of Iraqi women and families. We, as organisations within Coalition 188, reject this law in the strongest terms. It is an affront to the rights of women and children in Iraq and a step backwards for human rights in the country.”

Kabashi also criticised lawmakers for ignoring widespread public opposition to the amendment. “We have been campaigning for months, leading a broad movement of rejection against this law. Despite gaining significant public support, it was passed as part of a suspicious deal during a session riddled with procedural violations,” she added.

Women’s rights organisations have called on Iraqi families to register marriages in the Iraqi Kurdistan Region, where the law does not apply unless ratified by the regional parliament. Kabashi further stated that legal action would be taken through Iraq‘s Supreme Federal Court to annul the law.

In a statement issued by Coalition 188, the group accused the ruling parliamentary alliance, of exploiting political agreements to maintain power at all costs.

The coalition criticised the use of the “one-package” mechanism, describing it as an invention by corrupt political forces to push through divisive legislation.

 “This approach has sparked widespread public, political, and parliamentary objections, while the ruling powers continue to deepen crises without offering genuine solutions.”

A chaotic, controversial session

The General Amnesty Law also raised alarms for granting pardons to individuals convicted of embezzlement and drug-related offences. The law controversially includes provisions for those convicted of possessing less than 50 grams of narcotics and could benefit high-profile figures and suspects in the $2.5 billion “Heist of the Century,” involving stolen tax revenues.

Sunni political leaders, who championed the amnesty law, defended it as a means of addressing judicial injustices. Mohammed Al-Halbousi, leader of the Taqaddum (Progressive) Party, celebrated the law on social media, writing, “We congratulate all the innocent and wronged individuals on the passing of the General Amnesty Law amendment. Achieving justice for the oppressed is a humanitarian obligation, and we have worked tirelessly to ensure this law’s inclusion in the political agreement underpinning the government.”

However, critics argue that the law undermines accountability in a country struggling with endemic corruption and judicial inefficiencies.

The parliamentary session that saw the passage of these laws was marked by confusion and allegations of irregularities. Speaker Mahmoud Al-Mashhadani presented the three laws for a collective vote, a move described by independent MP Noor Al-Jilaihawi as “unprecedented.”

“What happened in yesterday’s session is a dangerous precedent in Iraqi legislative history. These laws, each highly contentious, were passed collectively without separate votes. Only a handful of MPs raised their hands, yet the Speaker announced their approval,” al-Jilaihawi said.

After declaring the laws passed, al-Mashhadani abruptly adjourned the session, leaving Deputy Speaker Shakhwan Abdullah to close proceedings amid an uproar from opposition MPs.

Months of political bargaining

Despite widespread criticism, supporters defended the decision to bundle the laws into one vote. Kurdish MP Dara Sekaniani, a member of the parliamentary legal committee, justified the move as a pragmatic solution to political deadlock.

“Given Iraq‘s consensus-based political system, this was the only way to pass these laws after prolonged delays. The laws were debated individually in earlier sessions, and yesterday’s collective vote was simply a formal step. Claims of illegality are baseless,” Sekaniani told TNA.

He dismissed allegations of insufficient quorum, asserting that the required number of MPs was present despite some withdrawals during the session.

The three laws have been sources of deep division among Iraq‘s political blocs for months. Shia lawmakers largely supported the Personal Status Law, Sunni factions prioritised the General Amnesty Law, and Kurdish parties backed the property restitution law, which seeks to return properties seized under Saddam Hussein’s regime to their rightful owners.

Repeated attempts to pass the laws individually had failed, prompting political leaders to bundle them into a single vote. Critics argue that this approach undermines democratic principles and sets a troubling precedent for Iraq’s legislative process.

Opposition MPs and activists have vowed to challenge the session’s legality in court. MP Yousef Al-Kilabi described the vote as “a dangerous precedent that turns parliament into a rubber stamp for political deals.”

Activists have also intensified campaigns against the Personal Status Law amendment, warning that it risks deepening sectarian divides and rolling back progress on women’s rights.

As Iraq‘s judiciary prepares to review the legality of the session, the country faces growing scrutiny over its governance and human rights record.