As Kyle Shideler points out, what the amendment actually does is simply make Islamic law the governing law in family cases. The amendment says that when issuing decisions on family law cases, "the court should follow the rulings of religious scholars for Sunni or Shiite sects, depending on the husband's faith." Specific governing authorities for each of these fiqhs are identified so that there is no confusion as to which rulings are final. The 'marriage at 9' thing is merely a consequence of what those rulings of religious scholars have always held, not the point of the amendment.
There's a very similar issue at stake in the Alabama matter.
We need to talk about the segment of American culture that probably doesn’t think the allegations against Republican Senate candidate Roy Moore are particularly damning, the segment that will blanch at only two accusations in the Washington Post expose.... That segment is evangelicalism. In that world, which Moore travels in and I grew up in, 14-year-old girls courting adult men isn’t uncommon.She offers a number of cases of people advocating this as the ideal approach for shaping young women into solid members of society. (The idea that a sexual relationship with an older man might do the same thing for young men appears in Plato's Symposium.) There is, as defenders of Roy Moore have pointed out, plenty of Biblical support for the position. Mary herself was married to a much older Joseph at about this age, and although she remained a virgin there's no reason to think that God would have put his only son into a harmful family environment. In the case of John the Baptist, the family arrangements he was born into were about the same; and there are plenty of other examples to find.
I use the phrase “14-year-old girls courting adult men,” rather than “adult men courting 14-year-old girls,” for a reason: Evangelicals routinely frame these relationships in those terms. That’s how I was introduced to these relationships as a home-schooled teenager in the 1990s, and it’s the language that my friends and I would use to discuss girls we knew who were in parent-sanctioned relationships with older men.
This creates a much bigger problem, here and in Iraq. The contemporary American standard is that a proper degree of sexual consent requires a more complete equality, including in the ages of the consenting partners. A 16 year old is not thought to be able to consent in quite the right way; she's thought to be too powerless compared to a 27 or 32 year old man. But this means arguing against not merely tradition, but the exemplars of the tradition. It's not merely that Islam has done it this way for a long time; it's that Muhammad himself did it. It's not merely that Christianity has inherited an ancient Jewish tradition of marriage; it's that God himself sent his son into a marriage just like the one being criticized as immoral.
