Tweet
Baghdad, Iraq Press, January 3, 2004 – The Interim Governing Council has decided that Iraqi civil status courts should resort to the Islamic Sharia or code in their rulings.
The secular regime of Saddam Hussein had passed laws that all matters related to marriage, divorce, birth, inheritance, etc. were required to be registered at government-run civil status courts.
The regime had also passed civil status legislation which in many areas did not conform to the strict teaching of Islam.
For example couples were under obligation to obtain medical examination in the light of the instructions from the court clerk.
They also personally appeared in front of a judge and two witnesses.
The IGC’s decision declares all civil status regulations issued by the ousted leader Saddam Hussein as null and void.
Iraqis have the right now to follow the applications of their disparate religious denominations and sects rather than the unified civil status regulations prevalent under Saddam Hussein.
The decision is apparently a blow to US efforts to set up a secular society and democracy in the country as an example for other Middle East states to follow.
In the meantime it is a signal of the considerable influence Islamic factions wield in the country particularly the Muslim Shiite groups.
Muslims, who make up 98 percent of the society, have the right now to follow centuries-old civil status traditions and codes which the former regime undermined because it saw as backward and uncivilized.
Under the former regime civil status courts were the only authority capable of issuing official marriage, divorce or birth certificates.
Many Iraqis still resorted to their clerics in such matters but papers issued by the clergy did not have the power of law.
The secular regime of Saddam Hussein had passed laws that all matters related to marriage, divorce, birth, inheritance, etc. were required to be registered at government-run civil status courts.
The regime had also passed civil status legislation which in many areas did not conform to the strict teaching of Islam.
For example couples were under obligation to obtain medical examination in the light of the instructions from the court clerk.
They also personally appeared in front of a judge and two witnesses.
The IGC’s decision declares all civil status regulations issued by the ousted leader Saddam Hussein as null and void.
Iraqis have the right now to follow the applications of their disparate religious denominations and sects rather than the unified civil status regulations prevalent under Saddam Hussein.
The decision is apparently a blow to US efforts to set up a secular society and democracy in the country as an example for other Middle East states to follow.
In the meantime it is a signal of the considerable influence Islamic factions wield in the country particularly the Muslim Shiite groups.
Muslims, who make up 98 percent of the society, have the right now to follow centuries-old civil status traditions and codes which the former regime undermined because it saw as backward and uncivilized.
Under the former regime civil status courts were the only authority capable of issuing official marriage, divorce or birth certificates.
Many Iraqis still resorted to their clerics in such matters but papers issued by the clergy did not have the power of law.
Secularism in Iraq is over, folks.
Women will have to face harsh new inequalities when this pronouncement is enforced. For instance, Sunni women's shares of their inheritance will be half of their brothers' shares.
Hopefully, too much won't fall under the jurisdiction of civil status law...
Looks like they are going from being oppressed by the Sunnis to oppressing the Sunnis. Expect a civil war within a year 
Comment