The “Personal Statute Law” approved without parliamentary vote alarm to activists and civil society. A “disintegration” of the family and a decline in the role (and rights) of women is feared. Iraqi academic Saad Salloum: “barter” between the three main Shiite, Sunni and Kurdish political forces and linked to the interests of each one. ” Card. Sako: the “shocking” Norma violates “freedom.”
Milan (Asianews) – A controversial law, an anomalous approved forcing parliamentary procedures, is part of a package of norms that reflect the internal tensions of Iraqi policy and the possible repercussions in the social sphere due to the “resurgence of sectarian tensions , confessionals and nationalists ». Saad Salloum, journalist and associate professor of Political Science at the Al-Mustanṣiriyya University of Baghdad, one of the most prestigious in the capital, and an expert in Iraqi and the Middle East issues, raises fears and perplexities in much of public opinion. According to many female activists and outstanding members of civil society, explains the student to Asianews, “the modification of the Law on Personal Statute feeds the fear of a disintegration of the Iraqi family and will end up relegating to the back in its bosom ».
FARSA LAW
The Personal Statute Law, together with the norm on the general amnesty and the return of assets to its owners, in force since January 21 after the approval of the House of Representatives, are the source of a deep controversy in the country . A confrontation that is linked both to the procedure used for approval without real vote by deputies and the guidelines they contain. An election that has raised a wave of indignation between activists and critical voices, especially among the legislators who have labeled the decision of “farce.” An entry into force that occurred after “months of disputes between deputies with a progressive escalation,” recalls Saad Salloum, “and that led to the cancellation of many sessions due to disputes and debates.” These disagreements, “he adds,” have given rise to boycott and mutual accusations, reflecting the deep division on these laws and their impact on the political scene. “
The law stipulates that Muslim couples must specify the sect (Suní or Shií) by holding the marriage contract, which allows religious courts to intervene in cases instead of civilians. This change has caused great concern, since many experts and jurists believe that it exacerbates sectarian divisions and weakens the social fabric of Iraq. Other elements are even more controversial, because they include provisions that would allow the marriage of children from the age of nine, justified based on Ja’fari jurisprudence followed by some Shiite Muslims.
In addition, the proposed amendments prohibit Muslim men to marry non -Muslim women and give greater authority to religious figures in the management of issues related to the personal statute. Human rights activists and experts have warned that these provisions could especially undermine the representation and dignity of women by allowing, as denounced, the “legalization of marital violation.” To this is added the prohibition – or the great difficulty – to leave their homes or the conjugal roof without the permission of their husbands.
Conflicts and prejudices
In this regard, Saad Salloum – Muslimer awarded with the ZêD Foundation Award for Human Solidarity, a prize awarded to personalities that have distinguished themselves in the field of protection of rights and freedoms – underlines the risk of an “increase of conflicts within the family ». The norm, he adds, could also be an omen of “prejudices towards one part to the detriment of the other, with a negative impact on the stability of society.” ‘The opponents’, it continues, ‘believe that the law will eliminate the role of women in family management and that the consequences of this amendment are unpredictable,’ he warns, to the point that the ‘future of the Iraqi family’ after Its approval is ‘uncertain’. There are also problems of unconstitutionality, says SALLOUM, because ‘three laws were voted at the same time illegally, violating the regulations of the Chamber and without verifying the legal quorum of the session’.
The patriarch of Baghdad de los Caldeos, Card. Louis Raphael Sako, with a reflection sent to in which he underlines some critical elements. The cardinal remembers how Iraq is “characterized by ethnic, religious and sectarian diversity,” elements that Parliament and the Government must “take into account” when asked to legislate, acting according to the “international laws.” The previous legislation set the age of majority (18 years) as a minimum threshold to marry and, warns, “the Church continues to adhere” to this principle, as well as to “equality” between men and women regarding inheritance. It is “shocking,” continues, that the new text ends up undermining elements such as “personal freedom, women’s rights, children’s marriage, divorce and inheritance issues, until the custody of children and the rights of minorities ». An amendment, that approved, that “dismantles the national fabric.” Among the examples mentioned by Card. Sako appears the phenomenon of “children’s brides” and the “prohibition of alcoholic beverages”, as occurs in many countries of clear Islamic inspiration. “It is a flagrant violation,” emphasizes the cardinal, “of personal freedom” and ends up “promoting the black market”, as well as “resorting to the consumption of other substances” [estupefacientes]. “We must recommend,” he concludes, moderation in the drink as in food. Therefore, we ask the Government and Parliament to strive to address real problems, in particular corruption [para construir] A fair state that occupies all its citizens, accepts the difference and consolidates a harmonious coexistence ».
Wives, state crisis
Amid freedoms, rights and approval procedures, one of the worrying factors is the (possible) return of the so -called “wives” due to the suppression of the limit of the age of age to marry. The amendment was approved in exchange for the release of detainees from the Islamic State (EI, ancient ISIS) related to Sunni forces, in a framework of political negotiations within parliamentary groups, with women as first victims. “This strange approach, explains Saad Salloum, can be understood in the context of the state crisis in Iraq and the crisis of a political class that is only qualified to serve their own personal, financial and clientelist interests.” Sunni deputies And Kurds, he continues, they are not concerned about the consequences of the amendment that can trigger “a social crisis and a real regression of the logic of the State.” It does not affect them. .
“I consider that the attention given to the promulgation of these laws,” says the academic, “is related to the next elections, in which Kurdish, Sunni and Shiite politicians try to approve laws that can be used as a lever in the electoral contest. This is It serves to mask the political crisis, since elites have not achieved significant results for the benefit of society. ” On the other hand, the entire system runs the risk of aiming a “total stagnation, which could – it advertises – to lead to a revolution or in popular protests such as those that occurred in 2019”. Finally, there is the approval of the Amnesty Law, which, according to Salloum, will cause ‘serious repercussions’ because it also includes murderers, criminals and is not limited to ‘innocent people who have suffered injustices’. For this same reason, he adds, he opposes “the minorities who have suffered genocide” and will end up harming “above all to criminal justice.” The approval, he concludes, is based on the “traditional bartering system between the three main political forces: Shiites, Sunnis and Kurds, and is linked to the interests of each part.” To overcome the danger of prohibitions between parties, it was thought of “resolving this crisis of trust voting the three laws in a single basket.”
The “East Puerta” is the Asianews Bulletin dedicated to the Middle East
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