In Iraq, a conservative, predominantly Shiite country, conversations about sex and pleasure are prohibited. Yet beneath this veneer of modesty, a disturbing trend has emerged under the guise of the longstanding, yet not universally accepted, practice of temporary marriage contracts called mut’ah. These contractual arrangements have recently gained international attention due to their links with systematic corruption. Mut’ah marriages had been prohibited under former leader Saddam Hussein’s regime but re-emerged after his ouster.
A mut’ah (“pleasure”) marriage is a contract between a man and an unmarried woman that allows them to be married for a specific length of time (from 1 hour to 99 years) for a fixed sum of money. Payments vary widely based on the circumstances, with women often receiving amounts from $100 to $1,000 monthly, in addition to gifts. The practice of mut’ah marriage, sanctioned by some Shiite clerics but rejected by Sunni Islam, has been in existence for over 1,000 years. It is legal in Iran and is practiced in a number of other Islamic countries.
However, a recent BBC investigation uncovered instances in which certain clerics in Iraq, where mut’ah marriages are not legal, were facilitating them for profit, sometimes involving underage girls. Different sets of rules govern mut’ah marriages, including one allowing only men to dissolve these contracts, unlike customary unions. Men in these temporary unions can marry more than once and have any number of mut’ah arrangements consecutively. Mut’ah marriage is not legally recognized under Iraqi civil law, but since Iraq has a significant Shiite population, some Shiite clerics still sanction the practice based on their religious interpretation. This practice in Iraq, facilitated by legal ambiguity and religious justifications, perpetuates socioeconomic vulnerabilities and violates fundamental human rights. A comprehensive approach involving legal reforms, cultural awareness, and socioeconomic support systems is essential to address the exploitation embedded within this practice.
Historically, the 1959 Personal Status Law played a pivotal role in safeguarding the rights of women and children in Iraq. It established the legal marriage age at 18, with some exceptions through judicial approval, for both males and females, ensuring that marriages adhered to specific standards of protection and consent. Mut’ah marriages, however, circumvent these legal requirements, particularly in cases involving underage girls. By engaging in mut’ah marriages, men avoid legal accountability for marrying underage girls and exploit the lack of governmental recognition of these unions.
Reforms and Social Awareness: How NGOs Combat Mut’ah Marriage Practices
Recent research conducted at the Women’s Rights Center in Samawa, a nongovernmental organization focused on empowering women in conflict prevention and resolution, highlights the underlying reasons for the emergence of mut’ah marriages in Iraq. According to employees at the center, their research shows those marriages are not widely practiced across Iraq but are primarily associated with the Shiite-based Jafari sect. Initially, these arrangements were meant to protect women, particularly in a society affected by decades of conflict and war that left many women vulnerable and financially unstable. From its origins, the practice was seen as a means of offering women financial security and economic independence. However, in recent years, it has increasingly been exploited as a tool for abuse. While the original intent may have been protective, its misuse has led to significant social and ethical challenges.
Addressing the issue of mut’ah marriages remains complex due to Iraq’s diverse cultural norms and religious practices. NGOs have been pivotal in raising community awareness about the consequences of mut’ah marriages. Primarily, these organizations use dialogue as a strategic tool to combat these practices. However, culturally sensitive approaches are necessary to ensure that awareness efforts resonate effectively within the communities they aim to support. Continued engagement, advocacy, and education are essential for empowering women and communities to address the exploitation associated with mut’ah marriages. These initiatives can promote more equitable and protective systems, including legal reforms to safeguard vulnerable populations.
Sex Trafficking: A Religious Business Masked as Marriage
Mut’ah marriages have evolved into a lucrative business. BBC investigations revealed that out of 10 clerics approached, eight were willing to facilitate these marriages – two of whom explicitly agreed to approve unions involving girls younger than 9 years old. Clerics generate significant revenue from these mut’ah marriages, particularly in areas like Karbala, Najaf, and Basra, where these practices are more normalized. Clerics facilitating such marriages execute multiple contracts daily, earning considerable income by exploiting the system under religious pretenses.
Human trafficking is the illegal practice of recruiting, transporting, transferring, harboring, or receiving individuals through the use of force, coercion, fraud, or deception for the purpose of exploitation. Mut’ah marriages fall into the category of human trafficking since those with impoverished or marginalized backgrounds are coerced or deceived into these arrangements. Iraq’s Anti-Trafficking Law No. 28 explicitly criminalizes the exploitation of individuals for sexual, labor, or other forms of servitude, creating a legal basis to prosecute traffickers who exploit mut’ah marriage practices.
Since mut’ah marriage constitutes human trafficking, it is essential to examine the circumstances under which the practice occurs. While the religious and cultural framework of mut’ah marriage may provide it with legitimacy, instances in which it involves exploitation or coercion overlap with the definition of human trafficking.
Over the last 20 years, the rates of child marriage (involving anyone younger than 18) have steadily been increasing in Iraq. Mut’ah marriages have been criticized for being exploited as a loophole to legitimize child marriages. Girls as young as 9 years old have been coerced into mut’ah unions, often under the guise of religious or cultural acceptance. The stigmas surrounding sex and honor in Iraqi society compound the plight of victims. Women and girls trapped in these arrangements often face societal ostracism if they attempt to leave. In extreme cases, they may become targets of honor-based violence, including murder, by their own families, who claim disgrace.
Mut’ah marriages often leave women and girls without legal or social protection, as there are no enforceable obligations for men who exploit the system. Without a formal civil contract or proper documentation, these marriages remain outside the authority of Iraqi courts. The lack of regulation allows men to evade responsibility, leaving women to bear the entire burden of abandonment, financial hardship, and social stigma.
Social Norms that Encourage Mut’ah Marriage
Sabhan Mulla Chiyad, a member of the provincial council in Salahuddin, said many married men in Iraq turn to mut’ah marriages to sidestep the financial burdens associated with a second wife in a traditional polygamous relationship. These men see mut’ah marriage as a more affordable option to fulfill their personal needs without committing to the long-term responsibilities of supporting an additional household. Mut’ah marriages allow men to avoid the financial obligations typically required in permanent marriages, such as dowries, ongoing financial support, and the costs of maintaining a stable family structure. By indulging in mut’ah arrangements, they bypass societal responsibility expectations and justify financial insecurity.
“They cannot afford to support a new household, so they try to fulfill their needs temporarily,” Chivad noted. “They do not have a firm grip on their future.” Women and girls involved in such arrangements often withstand the worst of the fallout, including social stigma, legal vulnerability, and abandonment without recourse. Addressing this issue requires economic reforms to stabilize family incomes and stronger legal protections to regulate and reduce the misuse of mut’ah marriages. These marriages are often portrayed as a moral alternative to extramarital relationships, but the reality for many women is far from consensual. Clerics frequently manipulate religious teachings to justify these arrangements, framing them as virtuous acts while ignoring the power imbalance of the relationships and the harm inflicted on the women involved.
The Iraqi Clergy System’s Contribution to Mut’ah Marriage
The clergy system in Iraq has a considerable influence over the nation’s religious, social, and political fabric. This system is rooted in centuries-old traditions and comprises religious scholars, clerics, and spiritual leaders who guide communities in Islamic jurisprudence, moral values, and societal norms. Legal expert Buchra al-Obeidi told The Arab Weekly that “the absence of a clear-cut law that neither bans nor regularizes temporary marriages facilitated the abuse of the trend. Poverty and lawlessness have inevitably encouraged men to abuse the system and take advantage of poor and lonely women.” Clerics often mediate disputes, oversee marriages, and administer religious rituals. Their interpretations of Islamic law significantly shape societal norms, including those related to marriage and family life.
According to The Arab Weekly, the ascendance of religious political parties and the power of the clergy in post-2003 Iraq helped legitimize and promote mut’ah marriage. Clerical involvement includes providing religious justification, officiating contracts, and educating followers about the practice. Clerics argue that mut’ah is rooted in Islamic tradition and offers a solution to social challenges such as delayed marriages, financial instability, and the needs of widowed and divorced women in a post-conflict society. In several cases, clerics have issued fatwas (religious rulings) endorsing mut’ah marriages, emphasizing its permissibility under Shiite jurisprudence.
In some cases, women in poverty or displaced by conflict are pressured into mut’ah arrangements, often with little understanding of their rights. This has led to accusations that the clergy system, by endorsing mut’ah marriage, is complicit in perpetuating systemic inequalities. Moreover, the societal stigma surrounding these arrangements creates challenges for the women who engage in them, who may face ostracism or difficulty in remarrying permanently. The clergy’s role in normalizing mut’ah marriages has also drawn criticism from Sunni communities, who view the practice as un-Islamic.
To effectively counter the practice of mut’ah marriage and the broader sex trade, Iraq must confront the root causes that perpetuate these practices. Rampant poverty and unemployment since the U.S.-led invasion in 2003 have made desperate families easy targets for traffickers. Political instability and the failure to enforce child marriage laws further exacerbates the issue. Equally critical is challenging the patriarchal norms that underpin much of Iraqi society. Grand Ayatollah Ali al-Sistani, Iraq’s most powerful cleric, wrote in his book “The Path of Righteous” that if a child under 9 was promised in marriage or mut’ah marriage, sexual touching was religiously permitted, however, he has since publicly disavowed this position. To reduce societal stigma women who have been in mut’ah marriages endure, the deeply ingrained concepts of honor and shame must be addressed. Educational campaigns to alter societal perceptions and empower women could be pivotal in this transformation.
Recommendations
The misuse of mut’ah marriages as a vehicle for sex trafficking reveals the depth of Iraq’s socio-political challenges. While some legal progress has been made, additional steps must be taken to dismantle the networks enabling these abuses and support victims. Although in post-conflict Iraq these arrangements have been justified as a way to provide financial security for women affected by war and displacement, they have increasingly devolved into mechanisms for human trafficking, child exploitation, and the commodification of vulnerable populations. The lack of government recognition and legal oversight allows this practice to flourish, leaving women and girls trapped in a cycle of abandonment, financial hardship, and societal stigma. Legal provisions are rarely upheld, especially in areas where religious authority holds more significant sway than civil law and where social norms continue to legitimize the practice. This gap highlights the urgent need for community-based solutions that engage local leaders, religious figures, and civil society actors in meaningful dialogue and action. Prevention efforts need to begin at the grassroots level, where culturally sensitive education programs and public awareness campaigns can challenge prevailing narratives. Addressing this issue requires a multifaceted approach, including:
- Implementing legal reforms to more specifically prohibit exploitation in mut’ah marriages
- Ensuring all marriages, whether mut’ah or permanent, receive equal legal scrutiny and protections
- Introducing economic empowerment programs to reduce the vulnerability of women and girls to coercion
- Launching widespread awareness campaigns to inform and educate communities
- Working with religious leaders and local communities to challenge harmful interpretations of faith that justify this practice
- Drafting amendments to the Personal Status Law that explicitly criminalize exploitative forms of mut’ah, particularly those involving minors or coercion.
- Establishing legal aid centers where women in unregistered or temporary marriages can seek assistance without fear of stigma or retaliation.
- Requiring mandatory court registration for all marriages to provide legal protection, especially for women and children.
Anoussa Salim is the director and United Nations representative for Soulchi, a U.N. Global Compact member organization. Through her work at the U.N., she developed expertise in international diplomacy and advocacy. She holds a bachelor’s in Political Science and History from Fordham and a master’s in Global Affairs from New York University. She has contributed to publications and participated in public policy and international relations leadership forums. She has an active academic career, with several papers published in peer-reviewed journals.
The views expressed in this article are those of the author and not an official policy or position of New Lines Institute.
