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Polygamy law still divisive in Iraqi
Kurdistan
2.9.2010 |
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September
2, 2010
ERBIL-Hewlêr,
Kurdistan region 'Iraq', — Nearly two years after
its passage, polygamy law is still debated in the
Kurdistan Region. Some believe it was too early to
introduce the law in the Kurdish society which is
“not prepared for the change yet” while others argue
the law had to be introduced long ago.
According to the polygamy law, a man cannot marry
another woman without the consent of his current
wife.
The violators should serve an jail sentence of
between six months to one year and a fine of 10
million Iraqi Dinars, approximately $8,000, will be
imposed on the offender.
Samira Abdullah, a member of the committee for
defending women rights in the regional parliament of
Kurdistan maintained that the law is "very
restrictive" and it is only exercised in the
Kurdistan Region not all over Iraq.
"If a married man wants to marry another woman while
his wife is still alive,
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Nearly two years after its passage, polygamy law is
still debated in the Kurdistan Region. Photo:
mardels org |
he goes to the other
parts of Iraq (outside Kurdistan) and conducts the
routines there because the Iraqi law allows
polygamy," she added.
Kurdistan is made up of Iraq’s three northern
provinces of Erbil, Sulaimaniyah and Duhok.
Abdullah did not deny that the restrictions may lead
to an increase in extramarital affairs which will
further complicate couples’ lives.
"The law is not appropriate for our society and its
enforcement still faces serious challenges ",
Abdullah said, "because lack of equal opportunities,
patriarchal structure of society and social
traditions are all against the rights of women."
Nigar Hama, a women rights activist, had a different
view about the law.
She believes the law does not defend the rights of
women but on the contrary it is against their
interests for it deprives the spinsters and the
widows of the chance to marry.
Sometimes men “create a hell” for their wives to get
their consent for a second marriage and the wives
have to agree to their wish, Hama explained, adding
that men in Kurdistan can easily remarry in the rest
of Iraq, especially in Kirkuk.
Commenting on remarriage in Kirkuk and outside
Kurdistan Abdul-Basit Farhadi, the spokesman of
Kurdistan Judicial Council said that the council
does not have the authority to track the paperwork
of men who remarry outside the Kurdistan Region and
then return to the Region.
He said that it would be better for Erbil and
Baghdad governments to match up in this regard and
unify their laws across the country.
"Women in Kurdistan struggled to pass the law for
restricting polygamy but the women in the rest of
Iraq did not have this opportunity," Farhadi added.
The law has the merit of limiting polygamy while its
execution will harm the family because the husband
will be imprisoned at least for six months, he
noted.
Farhadi believes it is “impossible” to enforce the
law.
Meanwhile, Hemin Hadi, a lawyer, blamed the Kurdish
lawmakers for not foreseeing the potential legal
implications of the law in advance.
He believed that the there should be a unified law
across the county to regulate polygamy.
Hadi said Kurdistan needs to review the law with
Baghdad and resolve the problem by modifying one of
the laws, either the Iraqi or the Kurdistan one.
Ari Adil, a law instructor in Duhok University
believes the law is "absolutely" in the interest of
women and protects them against polygamy.
He called on Kurdistan courts to indict the men who
remarry outside Kurdistan.
According to the Islamic law, men are allowed to
have four wives simultaneously the wives have to be
treated equally and justly, said Omar Ali, a
religious preacher from Erbil.
He said the polygamy law in the Kurdistan Region may
cause some problems for the elderly unmarried girls
and widows in the Region.
Omar admitted that he does not support polygamy but
believed that the anti-polygamy measures would have
been more effective if instead of the law, the media
could raise public awareness against the phenomenon.
The official figures indicate that during the first
six months of 2010, 135 cases of polygamy have been
reported, 91 of them in Garmiyan area,www.ekurd.netsouth
of Sulaimaniyah; while in 2008 across the Region 693
cases and in 2009, 288 cases were reported.
Copyright, respective
author or news agency, aknews com
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