Looking out for Women: Keeping a Close Eye on the Iraqi Constitution

There are many reasons for American women to care about Iraqi women’s rights. Along with compassion, justice, and responsibility, we have a stake in their freedom. If a solid democracy is not established in Iraq, the region could remain unstable and threatening to the United States. And if Iraqi women are not free, Iraq will not be a true democracy. Therefore, Iraqi women’s rights are essential to a stable Iraq and a secure United States.

Looking at the draft constitution

Women’s rights groups are particularly concerned about drafts of the new constitution that place family law, which covers marriage, divorce, and inheritance, under religious courts’ jurisdiction. This means that a family’s religious sect would determine the law to be applied in each case, and restrictive sects may deny divorce and inheritance rights altogether.

For women to be truly equal, they must have a say in family decisions. Denying women these rights could keep them in abusive marriages and threaten their financial security.

As long as

The constitution clearly establishes Iraq as a Muslim country; the draft says Islamic law or, Sharia, is a "main source" of law.

The draft constitution acknowledges equal rights for women in all fields as long as those rights don’t contradict with Sharia.

While the separation of church and state is not a prerequisite for democracy, this language leaves women’s rights exposed to extremist interpretations of Islam.

Women in government

In a concerned letter to President Bush, a bipartisan group of U.S. women senators wrote, "We strongly believe that Iraqi women must have every opportunity to participate in all levels of Iraqi government so that they can ensure that any laws passed by the Iraqi government will not take away their rights or relegate them to second-tier status."

The new constitution does require that women make up 25 percent of governing bodies including the National Assembly. However, this provision has been amended and is now temporary. The latest draft establishes the 25 percent quota for the next two elections only. Each parliamentary term is four years, so that means the provision will last just eight years, if it is fully enforced. After that time, women’s participation in the Iraqi government may begin to disappear.

In countries where quota systems are in place, more women participate in government. Nordic countries have the highest numbers of women’s participation in government, and Sweden, Denmark, Finland, Iceland, and Norway all have quotas that set a minimum percentage of women’s representation. South Africa, India, Bangladesh, Tanzania, Belgium and France have quota systems as well, as does much of Latin America.

President Bush’s point of view

On Tuesday, August 23, 2005, President Bush said that the constitution protects women. He argues that the draft clearly states that women have inherent rights.

The preamble does say that the constitution will "pay attention to women and their rights," and the body of the draft asserts that no law "may contradict democratic standards." Further, it outlaws torture and inhumane treatment. However, no one is sure what will happen when such "democratic standards" and Sharia law contradict one another.

Women’s rights groups point out that some interpretations of Sharia law allow for polygamy; divorce by talaq, which allows a man to divorce his wife by saying three times, "I divorce you;" stoning and honor killings; as well as public executions of women for adultery.

But U.S. Ambassador to Iraq Zalmay Khalilzad agrees with President Bush. He says that the constitution will not lead to a strict Islamic state since Sharia law is "a" source of law and not "the" source of law.

Critics of the constitution aren’t so sure. They say that since so much is left up to semantics and interpretation, the new constitution does not absolutely establish and protect women’s rights.

At issue is the possibility of women in Iraq having fewer rights than they did under Saddam Hussein. Historians point out that since 1959, Iraq has been a secular state, with matters like divorce and child custody settled in the civil courts. Even under Saddam Hussein’s politically repressive regime, women were allowed to vote and have professional lives. Women in Iraq are afraid that such freedoms may not continue.

Do you believe that women’s oppression in one region of the world threatens women’s equality everywhere? How would women’s rights change if U.S. law were dictated by religion? What responsibility do Americans have to ensure equal rights for Iraqis?

What do you think?

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Update Posted on: 8/27/2005