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The Iraqi constitution's downside for women

by Juan Cole (reposted)
One of George W. Bush's justifications for his Iraq project has been the Greater Middle East Initiative, a long-term plan to bring democracy to the Arab world. So: Is the new Iraqi constitution a setback for human rights -- specifically women's rights? If so, how bad is it?
When challenged on this issue, President Bush responded that Secretary of State Condoleezza Rice had assured him that the constitution guarantees inherent rights to women and that it talks about Islam only as “a religion,” not “the religion.” But secular-leaning Iraqi women in politics are not so sanguine. One, Safia Taleb al-Souhail, Iraq’s ambassador to Egypt OK?? formerly close to Mr. Bush, recently alleged, “We have lost all the gains we made over the last 30 years.”

Islamic law is a dynamic and evolving set of practices rather than a religious code written in stone. Still, contemporary fundamentalist interpretations of Islamic law in countries such as Iran have negative implications for the rights of women. They give women only half the amount of inheritance that their brothers receive. They give the right of unilateral divorce only to men. They make no provision for alimony. They allow polygamy. Shia law permits the contracting of temporary marriages for specified periods of time.

Contrary to what the Bush administration keeps maintaining, Iraqi law affecting the status of women had been much revised by modern reformers and by the revolutionary Baath Party, which had been influenced by Marxist thought on women’s rights. In the 1970s Iraq was probably the most progressive Arab country on women’s issues (although women later lost some ground under Saddam Hussein).

In 2003 through 2004, when Iraq was under direct U.S. rule, Shia leader Abdul Aziz al-Hakim attempted to put all Iraqis under Shia religious law for personal status matters such as marriage, divorce, inheritance, and so forth. His attempt was beaten back by the impressive woman physician and politician, Rajaa al-Khuzai, in alliance with secular-leaning men.

But now women such as Ms. Taleb al-Souhail — whom President Bush honoured at his State of the Union address, and who flashed a “V” for victory sign — are discouraged. The Jan. 30, 2005, elections brought to power the Shia fundamentalist parties that had long sought to overthrow the secular Baath. They dominated the drafting of the new constitution. Article 2 therefore says that Islamic law is “a fundamental source” of legislation. The Shia religious parties had wanted it to declare that Islam is “the source” of law. The indefinite article was used instead, accounting for President Bush’s somewhat confused statement to the press. But having Islam be “a fundamental source” of law is nearly as strong.

Paragraph A goes on to say that parliament may not pass civil legislation that contradicts the “established laws of Islam.” This phrase is clear in Arabic, but has been mistranslated by the Western wire services. If parliament passes a law requiring that the shares of women’s inheritance be equal to that of their brothers, will it be struck down as contradicting “the established laws of Islam”?

Read More
http://www.juancole.com/2005/09/iraqi-constitutions-downside-for-women.html
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IWPR (reposted)
Fri, Oct 14, 2005 6:53PM
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