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Violence against women
is illegal under new charter, but many fear attacks
will continue.
Activists are hoping provisions in the new draft
constitution that make domestic violence illegal
will help curtail the abuse suffered by many Iraqi
women at the hands of their husbands.
Article 41 of Iraq’s current penal code allows a
husband to beat his wife for various reasons,
including “for the sake of righteousness, as
disciplining”.
Lawyers say this provision has often been used in
court to defend domestic abuse, and is backed up by
a January 2002 decree by the ministry of justice
stating that women who were beaten or insulted were
not justified in asking for a divorce.
To date, the Iraqi parliament has lacked legislative
powers and has been unable to amend any provisions
in the penal code.
But some women’s rights activists are optimistic
about the decision to include a clause in the draft
constitution saying that “violence and abuse in the
family, school and society shall be forbidden”.
“The draft constitution automatically annuls Article
41 that allows a husband to beat his wife,” said
Faiza Baba Khan, a jurist and a National Assembly
member. “The draft constitution prohibits family
violence.”
Though high unemployment and constant insecurity on
Iraq’s streets have contributed to spiraling abuse
rates in recent years, domestic violence has long
been a problem in Iraq.
Under Saddam Hussein, Iraq’s penal code exempted
from punishment men who killed their female
relatives in defence of family honour.
Another provision allowed a woman who asked for too
much gold jewellery to be whipped by her husband,
who was also allowed to beat his wife for
"educational" purposes.
Legal expert Hameed Abdul-Wahab says that even
legislation that ostensibly protect women – such as
Article 413, which allows them to file lawsuits
against violent husbands – are seldom invoked.
“They never dare litigate against their husbands,”
he said.
The Iraqi parliament approved the draft constitution
on August 28 but talks are still ongoing over minor
changes in the wording to appease Sunnis, who
objected to the charter.
Iraqis will have a chance to vote on the draft
during a referendum on October 15. However, if
two-thirds of voters in three of Iraq’s 18
governorates vote against the charter, it will fail.
Even if the constitution is passed, some women’s
rights activists fear that the new provisions
banning family violence don’t go far enough.
They also worry that the provisions may be
outweighed by another article, which states that
Islam is to be “a basic source of legislation”.
According to some interpretations of Islamic
practice, the Koran may sanction marital violence in
certain circumstances.
National Assembly member Asmaa al-Shubboot says
conventions and social restrictions also make it
less likely that the provisions will have the
desired effect.
“Women here are afraid to go public because of
customs and tradition and a lack of education,” said
al-Shubboot.
Shareef Hazza and Raghad Ali are IWPR trainees in
Baghdad.
www.iwpr.net
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