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Men
are illegally divorcing their wives without them
knowing.
Life for 38 year old Lana has no meaning since her
husband of 18 years informed her that he'd divorced
her five months earlier. Lana lived with her husband
during those months, so she is shocked to hear the
news.
"My eyes filled with tears, my knees buckled and I
was half paralysed," said Lana, who is one of the
many women divorced without their knowledge in Iraq.
Personal status laws dictate that both husband and
wife must attend court for a divorce to be granted,
but the laws are often violated and men are handed
separation without their wives' involvement.
Dalia, 37, is another woman who wasn't involved in
the process. "My divorce case is very strange. I
don't know why I was divorced," she said.
The laws also allow women to file for divorce in
special circumstances – including serious abuse –
but in practice the cultural, social and religious
inequalities here make this rare.
Lawyer and women's activist Sroosht Janab says the
laws are not the only problem, the interpretation of
them is disadvantaging women too, "The problem here
is not only with legislation, but with the lawyers
who put it into practice. It should give rights to
those entitled to them and that's not the way it
works."
Janab has been lobbying for reform of the judicial
process throughout the country to no avail, "We have
not been able to do anything."
But with the drafting of the new constitution due to
begin in the country's new National Assembly, there
is an opportunity to enshrine women's equality and
create change.
Alaa Talabani, head of the Women's Empowerment
Centre, cautions that political agendas shouldn't
influence the debate, "The law must be above parties
and their leadership issues."
However, the presence of a Shia majority in
parliament, many of whose members are conservative
in outlook, has raised concerns among women's groups
that parts of Islamic law, or sharia, could be
introduced into the constitution.
The largely secular Kurds, who won the second
highest vote in January's election and are
negotiating with the Shia to form a national
coalition government, could counter the
conservatives.
Kurdistan has operated as an autonomous region since
the 1991 Kurdish uprising that repelled Saddam
Hussein's forces and women here have enjoyed greater
freedoms in that time.
The National Assembly also contains twenty-six women
but Talabani says their gender doesn't guarantee
that they will champion women's causes, as many of
those from central and southern areas are themselves
quite conservative and traditional.
Talabani told IWPR said there was a need to educate
men about women’s rights, "Appointing women judges
is not a solution. Men should be trained in equality
and the treatment of women in a legal manner."
Meanwhile, Lana dreams of a day when she will be
treated equally before the courts and bring a case
against her ex-husband.
She wants him to be brought to account for living
with her for the five months after he secretly got a
divorce.
Lana's deep sense of shame means that she is
prepared to be patient for justice, "I will demand
my rights within the laws, even if I am drawing my
last breath."
* Names have been changed to protect identities.
Aso Akram is an IWPR trainee journalist in
Suliamaniyah.
www.iwpr.net
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