Kuwait Times

Published Date: April 09, 2008
By Basim Al-Shara

The country's powerful Islamic parties and leaders are resisting efforts to reform a law that sanctions lenient punishments for those found guilty of so-called honor killings. Article 111 of the Iraqi penal code, first approved in 1969, stipulates that a man can be sentenced to a maximum of three years in prison if he kills or disables his wife or girlfriend immediately after witnessing her engaging in a sex act with another man. The same penalty applies if a defendant is convicted of killing or disabling
the woman's sexual partner.

And if the defendant has no criminal background, such sentences are usually commuted. Acting minister of state for women's affairs, Narmin Othman, is leading a campaign to change the Baath-era law. She argues that men accused of killing their wives or girlfriends should be charged with murder, the penalty for which is life imprisonment or the death penalty. Othman's initiative has received the support of about 60 members of parliament, including members of the Iraqi List and the Kurdish Alliance, according
to lawmaker Maysoon Al-Damalogy.

But members of Prime Minister Nouri Al-Maliki's United Iraqi Alliance and the Sunni-led Iraqi Accord Front both oppose the legislation, meaning that the reform legislation has little chance of passing. Qais Al-Ameri, a member of the United Iraqi Alliance, argues that honor killings are permitted under sharia law. "Illicit sex is the most dangerous thing in a society, and there should be severe punishments against those who practice it," he said.

Even though Hashim Al-Taee, another member of parliament and member of the United Iraqi Alliance, says he personally opposes honor killings, he refused to join those opposed to the statute that makes it possible. Instead, he says that the courts need to be more vigilant in determining whether defendants have killed their wives or girlfriends because they'd had sexual relations with another man or are merely exploiting the honor-crimes statute in order to get away with murder.

Nor have leading clerics shown any indication they would support eliminating the statute. After meeting opponents of honor killings, Sheikh Mohammed Al-Yakoobi, the spiritual leader of the Islamic Fadhila party, made it clear he believes men have the right to kill women they find engaged in illicit sexual activity. A spokesman for the cleric's office said Yakoobi would not weigh in on whether the current statute should be overturned.

Members of the Ministry of Justice refuse to discuss the issue of honor killings or to reveal statistics on how many men have successfully used the statute as a defense. Women's organizations in Iraq, however, insist honor killings are a serious problem. Still, advocates for women's rights say they're encouraged that at least the issue is being discussed.

Ibtisam Al-Shummar, head of the Women for Women Rights organization, said her organization is conducting workshops on the harm done by honor killings and trying to build support to have the statute overturned. "I am optimistic that, for the first time, the ministry for women's affairs is changing the reality for women and not just speaking about it," she said. But Faiza Babakhan, a former member of parliament, doubts that such reforms will be approved anytime soon. "There's no way the parliament will amend
laws in accordance with human rights principles," she said. "There are many human rights violations every day, and no one responds.

NOTE: Basim Al-Shara is a reporter in Iraq who writes for The Institute for War & Peace Reporting, a nonprofit organization that trains journalists in areas of conflict - MCT