Women in Iraq Decry Decision To Curb Rights Council Backs Islamic Law on Families

By Pamela Constable
Washington Post Foreign Service
Friday, January 16, 2004; Page A12

BAGHDAD, Jan. 15 -- For the past four decades, Iraqi women have enjoyed some of the most modern legal protections in the Muslim world, under a civil code that prohibits marriage below the age of 18, arbitrary divorce and male favoritism in child custody and property inheritance disputes.

Saddam Hussein's dictatorship did not touch those rights. But the U.S.-backed Iraqi Governing Council has voted to wipe them out, ordering in late December that family laws shall be "canceled" and such issues placed under the jurisdiction of strict Islamic legal doctrine known as sharia.

This week, outraged Iraqi women -- from judges to cabinet ministers -- denounced the decision in street protests and at conferences, saying it would set back their legal status by centuries and could unleash emotional clashes among various Islamic strains that have differing rules for marriage, divorce and other family issues.

"This will send us home and shut the door, just like what happened to women in Afghanistan," said Amira Hassan Abdullah, a Kurdish lawyer who spoke at a protest meeting Thursday. Some Islamic laws, she noted, allow men to divorce their wives on the spot.

"The old law wasn't perfect, but this one would make Iraq a jungle," she said. "Iraqi women will accept it over their dead bodies."

The order, narrowly approved by the 25-member council in a closed-door session Dec. 29, was reportedly sponsored by conservative Shiite members. The order is now being opposed by several liberal members as well as by senior women in the Iraqi government.

The council's decisions must be approved by L. Paul Bremer, the chief U.S. administrator in Iraq, and aides said unofficially that his imprimatur for this change was unlikely. But experts here said that once U.S. officials turn over political power to Iraqis at the end of June, conservative forces could press ahead with their agenda to make sharia the supreme law. Spokesmen for Bremer did not respond to requests for comment Thursday.

"It was the secret way this was done that is such a shock," said Nasreen Barawi, a woman who is Iraq's minister for social welfare and public service. "Iraq is a multiethnic society with many different religious schools. Such a sweeping decision should be made over time, with an opportunity for public dialogue." There is no immediate threat of the decision becoming law, Barawi said, "but after June 30, who knows what can happen?"

In interviews at several meetings and protests, women noted that even during the politically repressive Hussein era, women had been allowed to assume a far more modern role than in many other Muslim countries and had been shielded from some of the more egregiously unfair interpretations of Islam advocated by conservative, male-run Muslim groups.

Once Hussein was toppled, several women noted wryly, they hoped the new authorities would further liberalize family law. Instead, in the process of wiping old laws off the books, they said, Islamic conservatives on the Governing Council are trying to impose retrograde views of women on a chaotic postwar society.

Although it remained unclear which members of the council had promoted the shift of family issues from civil to religious jurisprudence, the decision was made and formalized while Abdul Aziz Hakim, a Shiite Muslim who heads the Supreme Council for the Islamic Revolution in Iraq, was chairing the council under a rotating leadership system.

This week, several moderate council members spoke strongly against the decision in public forums, calling it a threat to both civilized progress and national unity. Nasir Chaderchi, a lawyer and council member who heads the National Democratic Party, criticized the council's action at a professional women's meeting Thursday. "We don't want to be isolated from modern developments," Chaderchi told the gathering of the Iraqi Independent Women's Group. "What hurts most is that the law of the tyrant Saddam was more modern than this new law." He said he hoped women would continue to protest until the order was reversed.

The council's new policy decree was brief and vague, mentioning neither particular family issues nor individual branches of Islamic law that would replace current civil law. But lawyers and other experts from Iraqi women's groups said the ambiguity of the decision was especially worrisome, since rival Islamic sects in Iraq espouse different policies for women's legal and marital rights.

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