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Baghdad-born Raghad Ahmad’s courtroom philosophical tracts often comment on the intimate details of divorce proceedings, a topic that very rarely makes it into public discourse.
“There are three people in a divorce: the husband, the wife, and the children,” Ahmad explains during a recent break at a court hearing in Baghdad. “The husband is the head of the family, and he should have the final say in the divorce. The wife has the same rights as the husband, and the children have the same rights as the parents.”
Ahmad, who has been an outspoken advocate for the rights of divorced Iraqis, says that the current legal system is not effective in resolving divorces peacefully or equitably. “In Iraq, it’s easier for a man to get a divorce than for a woman,” he complains.
“The husband can just go to court and get a divorce, without any legal process. The wife doesn’t have the right to see a lawyer, or to have a trial. The husband just comes into court and tells the judge that the wife is cheating on him, and the judge gives the husband a divorce.”
Divorce is a common phenomenon in Iraq, where the population is highly mobile and social expectations are often very different from place to place. According to official figures, there were 387,700 divorces in Iraq in 2009, a figure that has almost certainly increased since then.
Although the law provides for a minimum period of two months after the formal dissolution of a marriage before the parties can remarry, in practice many couples choose to go their separate ways without any form of legal formalities. This often leads to disputes over property and child custody, which can become particularly contentious in societies where traditional notions of masculinity and femininity are very entrenched.
“In Iraq, it’s easier for a man to get a divorce than for a woman.”
“ Iraqi divorce settlements are often dictated by religious beliefs rather than the needs of the children,” observes sociology professor Abo Rida Ibrahim Alousi. “For instance, in traditional Shia Muslim societies, the husband is usually expected to provide financial support to the wife and children during the period of the divorce settlement, even if the marriage was not entirely happy.”
Alousi says that Iraqi divorce laws are also designed to protect the rights of the father, rather than the welfare of the children. “Iraqi law is based on the principle of paternal supremacy, which means that the father has the right to decide who the children should live with and how they should be raised,” he says.
This paternalistic approach to divorce has negative consequences for the children, according to Alousi. “Children often lose their sense of identity and self-worth when their parents divorce,” he says. “They often feel marginalized and abandoned, and they may become victims of child sexual abuse or domestic violence.”
Although the legal system in Iraq is based on Islamic law, Ahmad says that judges are frequently forced to rely on traditions and norms that are incompatible with modern notions of justice. “In Iraq, it’s not about the law,” he says. “It’s about custom and tradition. Judges are often forced to rule in favour of the husband, even if the wife is plainly innocent.”
Ahmad is a rare symbol of nonviolent resistance in a country where political activism is often punishable by imprisonment or death. He has dedicated his life to fighting for the rights of divorced Iraqis, and he is firmly opposed to any form of physical or psychological violence against his ex-wives. “I never resort to violence,” he says. “I always try to solve my problems through peaceful means.”
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- admin18, Jan, 2023 seqs
