The constitution, Islamic Sharia law, and women’s rights in Iraq and Kurdistan

In Iraq amid chaos, sectarianism, a rise in tribalism, and the enslavement of women, one can think of a constitution which is being written only as a document - or some how an agreement between the political players in Iraq.

The constitution is only a clear indication of power sharing, pleasing each party s desire to practice their policies, and practices outlined by law.

When reading the constitution, from the preambles to the end, I thought it is just written in a patriarchal, religious and tribal language, and this is the political mixture of the parties we have in power in the so called “parliament”. It does not represent anything to do with Iraqi people, and their aspiration for freedom and equality.

We must see this dark reality that this constitution reflects the right wing, and tailor made divisionary policies of Bush administration towards Iraqi society. The problem of Iraqi people is not having a constitution right now, our major problem is occupation which must end, and the wide spread terror and sectarian violence that the occupation brought with itself.

This shows solely the power of the political rulers over the ruled. Whereas, in my opinion, the constitution should have reflected the will and wishes of Iraqis for their rights, freedoms and entitlements. It is clear that the will of political parties and their political interests and aspirations is far above the will of people - who have been victimised for decades under Saddam’s regime - and along the last 13 years of sanctions and almost 4 years of bloody occupation and terrorism.

If some one asks me what I think about the constitution, I would say; I disagree with every article written in this constitution, because it is a constitution of contradictions and division of people along ethnic backgrounds, religious sects and gender. This can be clearly seen in Article 3:

“Iraq is a country of multiple nationalities, religions and sects, and it is a founding and active member in the Arab league and committed to its charter, and it is part of the Islamic world”.

Another big problem is the meddling of Islam with politics and laws in the country, politicizations of Islam and divisions in Iraq only serves the political parties in power not the people of Iraq. This can also be seen in Article No2:

Article 2:

First: Islam is the official religion of the State and it is a fundamental source of legislation:

A. No law that contradicts the established provisions of Islam may be established.

B. No law that contradicts the principles of democracy may be established.

C. No law that contradicts the rights and basic freedoms stipulated in this constitution may be established.

I don t think you need to be a lawyer to understand the contradictions in Article 2. Making Islam the fundamental source for legislation is, in reality, a forced Islamisation of the civil laws in Iraq and enslavement of women according to the ethics of Sharia.

Again leaving personal status to individuals to decide and giving them “choice” will only create a disaster. If Iraqis are equal before the law, why then divide them and their rights according to sects of religions? Article 41 is states: “Iraqis are free in their commitment to their personal status according to their religions, sects, beliefs, or choices and that shall be regulated by law”. What we see in the Iraqi situation is a clear forced Islamisation of Iraq through political parties in power by imposing Islamic Sharia Law carried out on the ground by militias enforcing Islamisation by force of arms and terror.

Let me now speak a little about the Kurdistan region, and its proposed new constitution, which again reflects the same principles of the Iraqi constitution.

Many people believe that people in Kurdistan and particularly women have more rights and are more free comparing than other regions. But I disagree with this notion.

Women are still been killed for reasons of so called "honour", suicide rates for women are rising steeply, female gentile mutilation is still a huge problem. Patriarchal and religious culture still rules the lives of thousands of women. Despite women’s participation in social, economic, and political spheres, it did not mean greater freedom on the personal level. So the rosy picture that in Kurdistan women are more free is only in comparison with the southern region where occupation and Islamist terrorism have ruined all pillars of society, and women are hidden in fear of their lives and safety.

We have recently launched a campaign to remove article No 7 which states that “Islam is the religion of the majority Kurdish people, and therefore it should be a major source for legislation making”. The campaign is a broad one, and includes a female member of Kurdish parliament.

However, due to the work we did for this campaign and my interviews about the oppressiveness of Islam and its Sharia laws, I received a death threat from an Islamist Jihadist group in Kurdistan saying they want to kill me by middle of March because, according to them, I am campaigning against Islam.

I believe being born as a woman is a crime in the eyes of the Islamsits, so the price of not being submissive is a fatwa. However this is not the first time we receive such threats. Yanar Mohamad, president of my organisation, was the first Iraqi women activist who received the same threats when she was campaigning to remove Sharia law in Iraq.

I think a 21st century lifestyle worthy human beings cannot allow such backward and anti-women Islamist trends and constitutions. The entire progressive, secular and freedom loving people should put their fair demands forward for a secular, non ethnic and non religious constitution and government in Iraq and Kurdistan.


Above is Houzan Mahmoud’s speech at 8 March international women’s day conference in London

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