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Nadia Mahmood
nadia64uk@yahoo.com
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Petition
Join the international campaign to repeal the Governing Council’s
Resolution 137 to change the Iraqi family law to Islamic Shari‘a
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Women Living
Under Muslim Laws: Protect
Iraqi Women's Rights in Family Laws
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29/01/2004: WLUML strongly urges you
to join Iraqi women's efforts and take action to oppose the
Iraqi Governing Council's (IGC) 'Resolution 137' dated 29
December 2003 that proposes the introduction of Sharia law in
personal status matters and to cancel all laws which are
incompatible with this decision.
The 1959 Iraqi Law of Personal Status, which is considered one
of the most progressive family laws in the Middle East and which
was achieved through the struggle of the Iraqi people for much
of the past century, will be abolished if Resolution 137 is
upheld.
It is important to act immediately: the 'Resolution' will come
into effect if it is validated by Paul Bremer, the Chief US
Administrator.
WLUML regards 'Resolution 137' as a major retreat from previous
rights that were guaranteed to women under Iraqi law.
Apart from Iraqi women themselves and their feminist allies
across the world, this development has been largely ignored by
international media.
The process behind this 'Resolution' by the IGC has lacked
transparency and was not part of any democratic or consultative
process. It was taken without being publicly debated and
subjected to the scrutiny of experts on social and legal issues.
It was, furthermore, apparently a proposal by a minority of the
IGC.
Since the Iraqi Governing Council was appointed directly by the
United States, it is in effect an organ of the Occupation
Authority in Iraq. If this proposed 'Resolution' is validated by
Paul Bremer it will be a contravention of the 1907 Hague
Regulations (Convention IV) for it would change civil law in an
occupied territory. The IGC is an appointed interim body and
under the Hague Conventions should only deal with restoring
public order and safety.
WLUML is deeply concerned that any proposal to replace Iraq's
personal status law for Muslims with Sharia as interpreted by
each sect will threaten the fabric of Iraqi civil society. The
current law does not distinguish between sects. Such a decision
would establish sectarianism as an organizing principle of
social and political life in Iraq. Moreover, it will give social
and political power to those who monopolise the interpretation
of religion.
Please act immediately to ensure that Iraqi women's rights are
protected.
Below follow details of action needed, relevant addresses,
detailed background information and sample letters.
In solidarity,
Women Living Under Muslim Laws
International Coordination Office
WHAT YOU CAN DO
Please write to the IGC, and British and American governments,
demanding the following:
1. The clear and unambiguous withdrawal of 'Resolution 137'.
2. That any future change in Iraqi personal status laws is to be
done by a publicly elected body, after due process, and that
this elected body will include the genuine and equal
participation of women
3. That any future debate around future laws in Iraq should be
transparent and with democratic consultation.
Sample Letters
To the Iraqi Governing Council
Baghdad |
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