Upward And Onward
These important changes in the social role of women ought to be considered alongside the 1978 amendments to the Code of Personal Status introduced by the Ba˘th. The preamble states that the new code is based on “the principles of the Islamic shari˘a [ Islamic law ], but only those that are suited to the spirit of today.” The break with tradition as it affected women occurred in two important areas: first, authority was given to a state-appointed judge to overrule the wishes of the father in the case of early marriages; second, the new legislation nullified forced marriages and severely curtailed the traditional panoply of rights held over women by the men of the larger kinship group ( uncles, cousins, and so on ). The intent of the legislation as a whole was to diminish the power of the patriarchal family, and separate out the nuclear family from the larger kinship group whose hold over the lives of women was considerably weakened.
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In general, wherever women were clearly being involved in new areas of decision making, these were explicitly formulated as pertaining somehow to their sex ( not their individual personhood ) and simultaneously “politicized” to a remarkably unnecessary extent. The only way in which the “popular committees” could function is as pressuring agencies, forcing couples to conform to whatever outcome the party line deemed suitable. The facts of the case, the letter of the law, and the “rights” of everyone concerned are shunted aside in such arrangements. In addition whenever traditional male rights over women were weakened or abolished, the state adopted this role, acting “on behalf of” the female sex, not upgrading the status of women as individuals who were being discriminated against because of their sex.
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The Ba˘thi measures must not be exaggerated. No social group, least of all Iraqi women, was exerting pressure on them. But by choosing a particular “style” of legislating on this issue, they reveal how they think when not being boxed into a corner by the “contradictory demands of modernization and development and those of ‘cultural authenticity.’”
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Ba˘thist ideals, tied up as they are with the Ba˘thist view of the Islamic experience, provide the ultimate source of authority and the final test for what is justified. Even the power of the Leader is derivative from these ideals, and all sources of authority outside them threaten the Ba˘th. It rankles to have fathers, brothers, uncles, and cousins, all lined up to exert varying degrees of real power and control over half of the Iraqi population. Thus, if a new loyalty to the Leader, the party, and the state is to form, women must be “freed” from the loyalties that traditionally bound them to their husbands and male kin. This was the essential purpose of the 1978 legislation on Personal Status, which diminished the power of the patriarchal family. Therefore, women, ( like children, as we have seen ) gain somewhat in status in relation to these particular groups of men, only what they must lose in freedom to the Ba˘th. Politically, the appropriate imagery is once again that provided by Saddam Husain of the child informer.
Samir Al-Khalil : Republic of Fear — Saddam’s Iraq
Actually, the Invasion, and imperialist imposition of a new regime over there has rather nullified most of the Ba’athist sexual equality measures, leading to the restoration of the traditional opportunities for muslim women. The joy of the above passages relate to the fact that feminism, like other ploys, was merely a means for the revolutionary state to shatter opposition and tighten control. As has happened here also.
Whether either Saddam’s pro-feminism or the new lot’s older ways were better should be regarded as a deep question, involving the various alleged rights of plenty of differing and utterly disparate groups; the rights of imperialist conquest; the rights of indigenous peoples; questions of religion and questions of culture, that can best be answered by ‘Meh, who cares ?‘
Nonetheless, the sort of people who go around looking wise, and pontificating: ‘Only Time will provide an answer.‘ are in rare luck.
