Iraq’s new Constitution (adopted in 2005) states that all Iraqis are equal before the law and prohibits discrimination based on sex. The Constitution cites Islam as a basic source of legislation and forbids the passing of laws contradictory to its “established rulings”. As a result, the situation of women in Iraq very much depends on the implementation of Islamic law.
Women and women’s rights in Iraq have been – and continue to be – affected by the country’s recent wars and the current internal conflict. Between 1960 and 1980, Iraqi women had successfully gained access to education, health care and employment, and their political and economic participation was significantly advanced. Subsequent armed conflicts worsened the situation for both women and men, and the future remains uncertain.
Iraq’s new Constitution (adopted in 2005) states that all Iraqis are equal before the law and prohibits discrimination based on sex. The Constitution cites Islam as a basic source of legislation and forbids the passing of laws contradictory to its “established rulings”. As a result, the situation of women in Iraq very much depends on the implementation of Islamic law.
Women and women’s rights in Iraq have been – and continue to be – affected by the country’s recent wars and the current internal conflict. Between 1960 and 1980, Iraqi women had successfully gained access to education, health care and employment, and their political and economic participation was significantly advanced. Subsequent armed conflicts worsened the situation for both women and men, and the future remains uncertain.
Family matters in Iraq are governed by the Personal Status Law (established in 1959), which grants Iraqi women moderate status within the family context. The legal age of marriage is 18 years for both men and women, but with parents’ consent and judicial permission the age can be lowered to 15 years. Early marriages do occur, particularly in rural areas. They are often arranged by parents and performed under a religious ceremony, but are not legally recognised. A 2004 United nations report estimated that 21 per cent of girls between 15 and 19 years of age in Iraq were married, divorced or widowed.
Polygamy is legal under the Personal Status Law, reflecting tenets of Islamic law that allow Muslim men to take up to four wives. In Iraq, a man wishing to have multiple wives must obtain judicial permission and also prove his ability to financially support more than one wife. It should be noted that polygamy was made illegal in 1959, but strong opposition resulted in the removal of the article prohibiting polygamy in 1963.
With regards to parental authority, a study by Uhlman illustrates that Islamic law views fathers as the natural guardians of their children. Mothers are considered the physical – but not legal – custodian.
Islamic law provides for detailed and complex calculations of inheritance shares. Women may inherit from their father, mother, husband or children and, under certain conditions, from other family members. However, their share is generally smaller than that to which men are entitled. Daughters, for example, typically inherit half as much as sons. This is commonly justified by the argument that women have no financial responsibility towards their husbands and children.
Protection of the physical integrity of Iraqi women is quite weak. Violence against women in Iraq has risen in recent years. Women have been particularly vulnerable in times of armed conflict and many have fallen victim to physical and sexual abuse, including by foreign troops recently operating within the Iraq War. There is a high level of acceptance of violence within marriages; although domestic violence is largely under-reported, it is believed to be common. Customs effectively permit husbands, brothers, fathers or sons to punish women and young girls who infringe on traditional codes of honour. Islamic law does not recognise the concept of spousal rape.
While female genital mutilation is not a general practice in Iraq, Amnesty International reports that NGOs based in northern Iraq have observed its occurrence in some areas, particularly within regions in which the Sorani Kurdish dialect is spoken (around Halabja, Germian and Kirkuk). An elevated sex ratio in favour of men suggests that Iraq might be a country of concern in relation to missing women.
Women in Iraq have, in theory, a relatively high level of financial autonomy. They have the legal right to access to land and access to property other than land. They may also enter into financial contracts and have access to bank loans and other forms of credit. Lack of data makes it difficult to assess current levels of female ownership of various assets in Iraq.
Women’s civil liberties in Iraq have been severely restrained in the past 20 years. According to Rassam, women’s freedom of movement was curtailed in the early 1990s by legal restrictions that forbid women from travelling outside the country unless accompanied by a male relative. More recently, women’s freedom of movement has been limited (unofficially) by the ongoing conflict; many women are not able – or do not dare – to leave their homes without male escort. In general, the extent to which a woman can move freely outside the household depends on her husband. The tradition of purdah – the seclusion of women from public observation, either through physical barriers (such as screens, curtains or high walls) or the wearing of clothes that conceal women from head to toe – is practised to varying degrees and limits women’s right to move independently. It should be noted that Kurdish women generally enjoy a greater degree of freedom.
Religious practice, social pressure and the risk of being harassed play major roles in limiting Iraqi women’s freedom of dress. Although not legally required to do so, the majority of women choose to wear a veil in public, in accordance with Islamic law.
Amnesty International (2005), Iraq: Decades of Suffering, Now Women Deserve Better, Amnesty Interna¬tional, London.
Coleman, I. (2006), “Women, Islam, and the New Iraq”, Foreign Affairs, January/February Issue 2006, Council on Foreign Relations, New York, www.foreignaffairs.org.
Galingging, R. (2007), “Restricting or Banning Polygamy, Human Rights Values Must Stand”, The Jakarta Post, Jakarta.
Rassam, A. (2005), Women’s Rights in the Middle East and North Africa: Citizenship and Justice – Iraq Country Report, 2005, Freedom House Inc., Washington, DC.
Uhlman, K. (2004), Overview of Shari’a and Prevalent Customs in Islamic Societies: Divorce and Child Custody, Expert Law, www.expertlaw.com.
UNIFEM (United Nations Development Fund for Women) (2007), Gender Profile of the Conflict in Iraq, Women War Peace Portal, www.womenwarpeace.org/webfm_send/454.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
