7/29/2019 Brief Profile of Women's Issues in Iraq, from Musawah - "Home Truths"

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The culture prevailing in Iraq is male-dominated, with a clear preference for malesover females in all aspects. Girls must obey andserve the needs of their fathers and brothers(and eventually husbands), who have the rightto curtail their freedom of movement. All girlsare expected to marry. If a girl does not marry

before the age of 25, she and her family willworry; if she does not marry by the age of 35-40years, she is considered to be a problem for herfamily.

While girls have traditionally had good accessto education, in bad economic times they arekept home from school while their brotherscontinue to attend school. In the currentdeteriorating security situation, some familiesprefer that girls not continue their educationbecause of personal security and the lack ofeasy, safe transport to and from schoolbuildings. This has caused a high rate of femaledropouts from secondary education in Iraq,

particularly in rural areas and slums.There are no labour laws that explicitly prohibitwomen from working. In times of war, Iraq hasrelied on the efforts of women in theadministration of the country, though upon

the return of the men from the fighting frontswomen were expected to return home and thuslost their jobs and sources of income.

Although women are often the breadwinners ofthe family, the head of the family in the Iraqiculture is the man. Even though the Iraqipersonal status law preserves the rights of

women in the event of divorce, application ofthe law is not guaranteed and women are notalways protected from societal customs andreligious interpretations.

One of most significant current challenges isthe adoption of article 41 of the newconstitution, which could potentially lead to theremoval of the Personal Status Law of 1959. Thearguments demanding repeal include that thelaw arose from the previous political regime andshould be abolished as part of the regimechange; the law violates the provisions of

; and the law denies private sectarianrights of Iraqi citizens.

Women in Iraq have faced difficulties in creatingan independent womens voice, despite the factthat 75 of the 275 deputies in the IraqiParliament are women.

Girls have been enrolled in educationalinstitutions since the establishment of the Iraqistate in 1921. They entered universities in the1930s and joined political circles in the 1940s,holding decision-making positions in politicalparties. In 1958, the first female minister in Iraqand the Arab region was appointed (Dr. Nazeha

Al-Dulaimi). Education encouraged women totake on important roles within their families andsociety and showed the problems that occurbecause of the economic subordination ofwomen.

The Personal Status Law includes numerousprogressive provisions that protect women,including the right to retain the marital home forthree years after divorce; equal marriage age forfemales and males; and requiring a husband toprove financial ability to maintain an additionalwife before he contracts a polygamousmarriage.

Throughout the past four decades, there has

been opposition from conservative religiousforces to the Personal Status Law. However, theprogressive forces and the Iraqi womensmovement have successfully resisted allattempts to repeal the law.

Iraqi womens organisations have beencampaigning to retain the Personal StatusLaw and invalidate article 41 of the new Iraqiconstitution. These demands have beensupported by many international organisationsand non-governmental womens associations.The arguments for keeping the law include:

- The law is based on an advanced reading ofIslamic law and was prepared by a committeeof experts and scholars based on the doctrinaltexts.

- The law unifies all Iraqis and encouragessocial cohesion away from the narrowsectarian tendencies that threaten the Iraqistate.

- The law is a product of the struggle of Iraqiwomen and the progressive forces that ruledbefore the Baath party and Saddam Husseincame into power, thus is not a symbol or aremnant of the previous regime.

- The abolition of the law would result insignificant risks to mixed families, for example

where one spouse is Shiite and the other isSunni. Such families constitute a large portionof Iraqi society.

- The abolition of the law would contribute tothe deepening of sectarian tendencies anddivision of communities and would encourageIraqi society to return to a state of lawlessness.

Home Truths: A Global Report on Equality in the Muslim Family

IRAQ

Equality in the Family isNecessary

Equality in the Family isPossible

Source: Report submitted to Musawah in Arabic and English prepared collaboratively by organisations working in various parts of Iraq,

including the Womens Leadership Institute in Baghdad and Basra, Al-Yoser organization in Hilla, the Center for the Development of theCapacities of Women in Erbil, the Iraqi Womens Movement, the Rafidain Women Coalition, Al-Amal Association and Baghdad Womens

Association.

The Iraqi legal system has been in transition since the current conflict began in 2003. Before 1959, personal

status issues were not codified. The Personal Status Law No. 188 of 1959 regulated family affairs and all

matters relating to marriage, divorce, inheritance, guardianship and custody of children for all Iraqis,

regardless of sect. This law has been subjected to amendments over the years, mostly for the benefit of women.

However, article 41 of the Iraqi constitution of 2005 provides that each religion or sect has freedom to

manage its affairs and religious institutions, including personal status laws. This would effectively repeal the

Personal Status Law and allow each sect to create its own family laws, most likely to the detriment of womens

rights. Iraqi womens organisations have been actively campaigning against the approval of this article. Since

the constitution is still undergoing a review and amendment process, the Personal Status Law remains in

effect.

Shariah

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