TruthBook Religious News Blog

Supporters say Article 41 will keep the state out of civil affairs. Critics say it will usher in Sharia.

By Tina Susman,
Los Angeles Times Staff Writer
October 9, 2007

BAGHDAD -- It has been nearly 30 years since she got married, but Iraqi legislator Samira Musawi still bristles at what she considers the ultimate indignity: a law requiring witnesses to certify the rite.

She and her husband-to-be grabbed a couple of strangers, gave them each about $10 and were legally wed.

That memory is one reason Musawi, who heads parliament's Women, Family and Childhood Committee, supports Article 41, a clause in Iraq's interim constitution that supporters say will prevent state meddling in civil affairs by allowing Iraqis to marry, divorce, decide inheritances and settle other personal issues according to their religious sect. For example, under Shiite law, no witnesses are required for a marriage, but Sunnis require two.

Article 41 is just one line in the 16-page document, but to critics, it is the worst.

Opponents, including women's rights activists and legal scholars, say the one poorly worded sentence opens the door to rule by draconian interpretations of Islamic law that could sanction the stoning of adulterous women, allow underage girls to be forced into marriage and permit men to abandon their wives by declaring, "I divorce you," three times.

In the southern city of Basra, there are already signs of religious extremism being used to rein in women. Police say gangs enforcing their idea of Islamic law have killed 15 women in the last month. "There are gangs roaming through the streets . . . pursuing women and carrying out threats and killing because of what the women wear or because they are using makeup," the Basra police commander, Maj. Gen. Abdul Jaleel Khalaf, said this month.

Sometimes notes are left on the women's bodies saying they were killed for violating religious law or social traditions.

The controversy highlights the broader debate here over how large a role religion should play in Iraqis' lives. It also underscores shortfalls of the original constitution, which was drafted in 2005 by newly elected Iraqi legislators facing a U.S.-imposed deadline. Redrafting the document is one of the benchmarks sought by the Bush administration to set the stage for an eventual U.S. troop withdrawal. But it has been delayed three times as lawmakers haggle over issues such as provincial powers, religious and cultural freedoms, and distribution of oil revenue.

There are only two women on the 25-member committee in charge of rewriting the constitution. They face formidable opposition from the Shiite Muslim lawmakers who dominate Iraq's parliament, including Humam Hamoodi, who heads the panel.

Hamoodi, whose robes and turban attest to religious devotion, scoffs at opposition to Article 41. "You're considering it a big deal!" he said, laughing. "This is a kind of liberty and freedom. This is the age of democracy."

Musawi agreed. A Shiite who wears a prim black tunic and a leopard-print head scarf, Musawi says she does not want non-Muslims to be governed by her beliefs. Article 41 ensures this cannot happen, she said.

But, she said, it also recognizes the reality in post-Saddam Hussein Iraq, where most lawmakers, including many of the 75 women in the 275-seat parliament, represent Shiite religious parties.

For many Iraqi women, the reminder of what is at stake became clear in May when a video circulated of a 17-year-old girl being dragged through a mob of braying men, who pelted her to death with rocks and paving stones. The girl, whose gruesome death was captured on several cellphone cameras, had violated the rules of her minority Yazidi sect by having a relationship with a Muslim man.Her killing and the reprisal attacks on Yazidis that ensued illustrate the problems inherent in not having a single law covering all Iraqis' domestic affairs, critics of Article 41 say.

"I am sure we will be hearing stories like this over and over again," said Luma Ali, a 23-year-old engineering student who opposes any role for religion in government. "I cannot believe this is still happening to us women."

"It is really an insecure world for women in Iraq," said a female friend, who was afraid to give her name. "Everything is subject to development in Iraq -- everything except the way women should live, marry and die."

Labels: Article 41, Iraq, religion, Tina Susman, women