<<http://www.juancole.com/2004_01_01_juancole_archive.html#107406596161821
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Mass demonstrations by Women, Others, against Sudden Islamization of Law

The Baghdad/London daily az-Zaman reports that there were widespread
demonstrations on Tuesday by women against the order decreeing abolition
of Iraq's uniform civil codes in favor of religious law, which they say
"repeals women's rights" in Iraq. This story appears to have been
completely missed so far by the Western news media, which is a great
shame. Women are important, too, guys. 

Women activists representing 80 women's organizations (including the
female Interim Minister of Public Works!) gathered at Firdaws Square in
downtown Baghdad to protest the IGC decree, issued three days ago.
Minister of Public Works Nasreen Barwari complained to az-Zaman about the
lack of "transparency" and of "democratic consultation" in the
promulgation of the decree by the IGC. Protesters carried placards with
phrases like "No to discrimination, No to differentiating women and men
in our New Iraq." and "We reject Decree 137, which sanctifies religious
communalism." Activist Zakiyah Khalifah complained that the law would
weaken Iraqi families.

US observers, including US Secretary of Defense Donald Rumsfeld, have
continually worried in public about Iraq becoming a theocracy, and have
rejected that option. But the American-appointed Interim Governing
Council has suddenly taken Iraq in a theocratic direction that has
important implications for women's rights. As reported here earlier, the
IGC took a decision recently to abolish Iraq's civil personal status law,
which was uniform for all Iraqis under the Baath. In its place, the IGC
called for religious law to govern personal status, to be administered by
the clerics of each of Iraq's major religious communities for members of
their religion. Thus, Shiites would be under Shiite law and Chaldeans
under Catholic canon law for these purposes.

The IGC has ceded to the religious codes jurisdiction over marriage,
engagement, suitability to marry, the marriage contract, proof of
marriage, dowry, financial support, divorce, the 3-month "severance
payments" owed to divorced wives in lieu of alimony, inheritance, and all
other personal status matters.

For the vast majority of women who are Muslim, the implementation of
`iddah or the obligation of a man to support a woman for 3 months after
he divorces her (a term long enough to see whether she is pregnant with
his child) has the effect of abolishing the divorced woman's right to
alimony. This abrogation of alimony was effected for Muslims in India in
the mid-1980s with the Shah Banou case, as the Congress Party's sop to
Indian Muslim fundamentalists. The particular form of Islamic law that
the IGC seems to envisage operating would also give men the right of
unilateral divorce over their wives, gives men the right to take second,
third and fourth wives, and gives girls half as much inheritance from the
father's estate as boys.

Since the Interim Governing Council was appointed directly by the United
States, it is in effect an organ of the Occupation Authority. As such, it
is a contravention of the 1907 Hague Regulations for it to change civil
law in an occupied territory. The US appointed a number of clerics and
leaders of religious parties to the IGC, almost ensuring that this sort
of thing would happen.

The US is now in the position of imposing on the Iraqi public, including
the 50% who are women, a theocratic code of personal status. The question
is whether this step is just the first in the road to an Iraqi theocracy.

------
"I can't imagine that I'm going to be attacked for telling the truth. Why
would I be attacked for telling the truth?" Paul O'Neill, 60 Minutes 


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