Genesis of The Woman Question
Genesis of The Woman Question
The Colonial State against Its Society and the Rise and
                               Fall of the New Iraqi Republic (1917–1968)
                               Introduction
                   Going back to the period of the formation of the Iraqi state is central to
                   understanding the present. The social, political, and economic dynamics
                   characterizing colonial times shaped the genesis of what has been com-
                   monly called the “woman question”: the way in which women and gender
                   issues were raised and debated by various social and political actors since
                   the colonial period. In line with Edward Said’s work on Orientalism, Leila
                   Ahmed’s seminal Women and Gender in Islam (1992) offers an in-depth
                   look at the ways in which the “woman question” was shaped in the
                   colonial period in Egypt. She shows how Islam was defined by the
                   colonizers as representing the essential difference separating the “civi-
                   lized” West from the “barbaric” Muslim East. Western colonizers’ depic-
                   tion of Muslim women as oppressed by a “Muslim patriarchal culture,”
                   particularly through veiling, had an impact on the way women and gender
                   issues were posed by nationalists and Muslim reformists. Women sym-
                   bolized the natural, biological bearer of the nation, which was always
                   depicted through feminine symbolism – for example, as shown in research
                   about Egypt (Booth 1998, 2001; Baron 2005).
                      Family, women, and their condition of life and status represented the
                   bearer of cultural authenticity and were at the core of colonizer/colonized
                   discourses. In the postcolonial period, at the time of independence,
                   women and gender issues were central to the discourses and politics of
                   modernity and nationalism. Yuval-Davis and Anthias (1989) show how
                   much gender relations and women’s reproductive roles and identities are
                   at the core of nationalist projects. Gender relations are central in the
                   development of nationhood and ideas of citizenship.
                      Even in countries that were not colonized, such as Turkey, women’s
                   rights, dress code, and identity were considered essential to the process of
                   modernization and thus an “issue of civilization,” as described by Göle
                   (1993). The establishment of modern nation-states in the European
                   model was thus marked by tensions and contradictions: on the one
42
                  Much has been written about the emergence of the “woman question”
               and the development of women’s activism in Muslim majority countries
               during the first decades of independence. However, while much attention
               has been paid to places such as Egypt and Iran, very few studies were
               dedicated to Iraq. This chapter seeks to examine the relationships among
               gender, issues of nationhood, citizenship, and women’s activism in the
               context of colonial (British Mandate and Hashemite periods) and early
               postcolonial Iraq (1958–68) and explores the following questions: How
               was the “woman question” posed in colonial and early postcolonial Iraq?
               How and in which contexts did women’s activism develop during that
               period?
                  I start with a reflection on pioneer research in order to introduce my
               approach to Iraqi society. Then I explore the British Mandate (1917–32)
               and the Hashemite (1932–58) periods and analyze how the nature of the
               relationship between the colonial state and different groups such as the
               ‘ulemas, tribal Shaikhs, and the political forces of the emerging urban
               middle class shaped gender politics and women’s political activism. I then
               analyze the importance of the Revolutionary period (1958–63) in the
               codification of women’s legal rights, and I explore the nature of the
               divergences between the two competing women’s movements, the com-
               munist and the nationalist. Finally, I show how the achievements in terms
               of equalitarian notions of citizenship resulting in the dominance of anti-
               imperialist political culture will be undermined by the first Ba‘th coup
               (1963–68).
               1
                   Lamahat Ijtima‘iyya min Tarikh al-‘Iraq al-Hadith, translated into English under the title
                   Social Insights of Iraq Modern History.
                   ideals, on the one hand, and the social and material realities that are
                   circumstantial and contingent on modern existence, on the other. Even
                   if al-Wardi’s analysis can be defined as binary and more inclined to
                   psychoanalysis than to strict sociology, he still provides an in-depth and
                   very well documented study of Iraqis’ social and political life from
                   Ottoman times to the first decade of the new Iraqi state. Although the
                   gender dimensions of the Bedouin/urban and modern/traditional are
                   absent from his analysis, it still constitutes an interesting starting point
                   for thinking about the structure of the social and cultural fabric of Iraqi
                   society, as marked by oppositional and diverging forces. Al-Wardi’s
                   depiction of the urban/rural opposition has influenced most studies on
                   modern Iraq, including Hanna Batatu’s study of Iraqi society.
                      Batatu’s pioneering work, The Old Social Classes and the Revolutionary
                   Movements of Iraq (1978), is not the most instructive research as it pertains
                   to women and gender issues. This study is the result of two decades of in-
                   depth research on Iraq’s old landed and commercial classes, communists,
                   Ba‘thists, and Free Officers; it is a men’s social and political Marxist-
                   oriented social history of Iraq. In addition, Pierre-Jean Luizard provides a
                   critique of Batatu’s work as a study focused on what the author considered
                   to be the movements inclined toward “modernity” – i.e., the Communist
                   Party, the Ba‘thists, and the Free Officers – and thus entirely overlooks
                   religious movements (Luizard 2002: 10). Luizard asserts that Batatu did
                   not take the Constitutionalist movement launched by the Shi‘a ‘ulemas
                   opposed to British imperialism, or the “defeated” in Luizard’s description,
                   into serious consideration.2 Batatu’s work also completely neglected the
                   emergence of the women’s movement within nationalist and communist
                   ranks in the 1920s; he invokes women’s political and legal rights only
                   through the writings and activism of male nationalists and communists.
                      In Batatu’s study, women’s life conditions are only referred to once in
                   a pitiful description of the “women of the peasants” in the 1920s and
                   1930s. Here women are described as submissive to their authoritarian
                   fathers and husbands, as well as bought and sold between tribesmen
                   (Batatu 1978: 144). Apart from this passage, women and gender issues
                   are addressed only when the author mentions the intellectual dynamic
                   around the journal al-Sahifa, which was first published in 1924. Batatu
                   mentions that in this journal Husain al-Rahal wrote about women’s
                   liberation and the need to reform archaic and oppressive religious and
                   2
                       When Batatu speaks of the Shi‘a resistance of Najaf and the south in the 1920s, he presents
                       it as mainly a revolt of large landowners who wanted to preserve their privileges and
                       refused the taxes imposed by the British rather than a proper nationalist uprising.
               3
                   Batatu mentioned that Husain al-Rahal succeeded Jamil Sidqi al-Zahawi: the first to call
                   openly for Iraqi women’s liberation. Batatu also mentioned the leftist and secular journal
                   Jam‘iyyat al-Ahrar, founded by Yusuf Salman, Da’ud Salman, and Ghali al-Zuwayyed,
                   which dedicated their 1929 declaration of intent to “the liberation of the Arab woman.”
                   Women linked to the Communist Party are also mentioned in Batatu’s work – such as
                   Amina al-Rahal (sister of Husain al-Rahal), who was a member of the Communist Party’s
                   Central Committee from 1941 to 1943 and presented as one of the first women to take off
                   the veil in Baghdad. The appointment of Naziha al-Dulaimi – a gynecologist and leader of
                   the League of Defense of Women’s Rights (ﺭﺍﺑﻄﺔ ﺍﻟﺪﻓﺎﻉ ﻋﻦ ﺣﻘﻮﻕ ﺍﻟﻤﺮﺃﺓ, Rabitat al-Difa‘ ‘an
                   huquq al-mar’a) – as Minister of Municipalities (first Arab woman to be appointed as
                   minister) in 1959 is presented by the author as the result of ‘Abd al-Karim Qasim’s
                   strategy to please the communists, who were the main political force at the time (Batatu
                   1978: 221).
               4
                   Until 1947, Jews constituted 15 percent of Baghdad’s population (Batatu 1978: 285)
               5
                   From representing 2.6 percent (117,000) of the Iraqi population in 1947, Iraqi Jews
                   represented only few thousand just several years later.
               6
                   Mainly urban Sunni Arabs, Christians, and Jews accessed education under the monarchy,
                   forming the political, administrative, and military elite.
                   Arab could be part of the small, rich, commercial urban class but would more
                   likely belong to the poor, exploited rural peasants and tribesmen.
                      In other words, while reading Batatu, an essential theoretical point
                   can be argued: ethnic, sectarian, and religious belongings have to be
                   read in relation to social class, location (rural/urban), kinship relations
                   (tribes and families), and political and symbolic powers (administra-
                   tive, military, religious, tribal) while also keeping in mind these
                   belongings’ changing dynamics. In line with postcolonial feminist
                   analysis, I argue that being a woman is also being positioned within
                   these groups and that ethnicity, sect, religion, class, location, kinship
                   relations, and political and symbolic powers are all gendered
                   in multiple and complex ways.
               tribesmen who, at the time, were more heavily armed than the state
               army.7
                  The Ottoman policy in the nineteenth century was to reduce the power
               of the tribes by settling the tribes in permanent villages and playing one
               tribe against the other. Many tribesmen resisted by refusing to register
               their land. While presumably intending to promote the formation of an
               integrated nation-state, the governments both under the Mandate and
               under the monarchy (1932–58) perpetuated tribal relations through tribal
               and land-tenure policies. These policies halted the decline and disintegra-
               tion of tribal leaders’ power, which had been occurring toward the end of the
               Ottoman period, by providing administrative and fiscal powers, as well as
               land grants, to selected Shaykhs. Such policies enabled the Shaykhs to tax
               and control those who subsequently became “their” tribesmen; thus British
               policy contributed to the transformation of a free cultivating peasantry into
               a population of serfs tied to the land of sharecroppers. (Davis 2005; Dodge
               2003; Marr 2004; Farouk-Sluglett & Sluglett 1991, 1987; Jabar 2003).
               Under the monarchy, nation-building relied on traditional status groups –
               ethnic and religious – and overlooked the growth of the new, modern middle
               and working classes in the cities. The division in Iraqi society between the
               urban use of Civil Law and the rural, predominantly Shi‘a8 use of Tribunal
               Criminal and Civil Disputes Regulation (TCCDR), more commonly called
               the “tribal law,” is the most revealing aspect of this reliance.
                  For Zubaida (2002), the four main social groups at the head of the
               society – the effendiyya or “urban officials,” the ex-Ottoman officers that
               came to Iraq with Faysal, the clerics (Shi‘a and Sunni), and the tribal
               leadership of the mid-Euphrates as well as Tigris districts – all constituted
               the “fragments” that imagined differently the new nation-state. Thus, as
               shown by Fattah (2012: 95–103), Davis (2005), Tripp (2000), and
               Bashkin (2009), the social process of becoming Iraqi was very complex
               and fluid, a constant negotiation between unequal partners by virtue of
               the undemocratic and unsystematic nature of the new Iraqi state.
               Moreover, it can be argued that at any given moment in the history of
               the Iraqi nation, there has not been a single national narrative or a single
               memory of the nation but rather competing visions advanced by the state
               and opposition forces.
                  Since 1921, the constitution had been drafted and redrafted; it was
               finally adopted in March 1925. Iraq was to function as a Western-style
               constitutional monarchy, with a king, cabinet, two legislative chambers,
               7
                   In 1933, tribes possessed more than 115,000 guns, whereas the army had only 15,000.
               8
                   In 1900, according to Luizard (1991), 75 percent of tribes were Shi‘a Arab and 25 percent
                   Sunni Arab.
                           Women and the Colonial State: Between the Shaikhs and the
                           ‘Ulemas
               The Constitution adopted in 1925 divided Iraqi citizens in three different
               classes regarding the law and established three different courts: civil and
               religious courts in the urban areas and TCCDR for tribesmen in rural areas.
                   The Constitution divided the religious courts into shari‘a courts for the
                   Muslims and Spiritual Councils for other religious communities. It affirmed
                   that shari‘a courts only were to handle matters of personal status – issues of
                   marriage, divorce, and inheritance (thus related to family and women’s
                   rights) – and in accordance to each sect. Thus, under the Mandate,
                   women’s legal rights were divided according to religion (Muslim,
                   Christian, Jew, etc.), sect (Sunni, Shi‘a), and location (rural, urban).
                      According to Efrati (2012) and J. Ismael and S. Ismael (2007), the
                   legal system of colonial Iraq led to the “tribalization of women.”
                   Women were tribalized in the rural areas not only in their construction
                   as tribal, subject to separate “tribal law,” but also in the British
                   involvement in determining tribal law. Even in urban areas, people
                   could involve “tribal motives” when it came to crimes committed in
                   the “name of honor.” Two main social groups advocated against the
                   very establishment of the TCCDR: urban intellectuals – Sunnis and
                   Shi‘as – depicted it as backward, unfair to women, and halting the
                   modernization of the emerging nation, whereas tribal Shaikhs consid-
                   ered it as a direct threat to their power over tribesmen. Although
                   J. Ismael and S. Ismael (2007) describe tribal law as “inherently
                   misogynous” and its very existence as detrimental to women, Efrati
                   (2012: 30–50) introduces a more nuanced analysis on the matter.
                   The Tribal Code advocated by many Shaikhs during the Mandate
                   and monarchy periods and aimed at reducing the power of the state
                   over the tribes was characterized by a certain leniency and pluralism
                   concerning women’s issues. This leniency could be a reflection of the
                   reality in the Iraqi countryside where customs regarding women were
                   dynamic and diverse and not necessarily as harsh toward women as it
                   was represented by the British and the urban elite. According to Efrati
                   (2012: 35), extramarital relations did not automatically mandate
                   a death sentence; in some places, murder for adultery was very excep-
                   tional, and there was a diversity of views regarding the way to settle
                   blood disputes in which the handing over of women was not the rule.
                   The British refused the Tribal Code proposed by the Shaikhs and
                   wanted to set their own tribal law. Thus tribal law tribalized rural
                   women not only in their construction as tribal, subject to separate
                   “tribal law,” but also by the British involvement in determining tribal
                   law, affecting rural women as harsh and uncompromising.
                      In the urban areas, in addition to being exposed to the possibility of the
                   advocacy of “tribal motives,” women were ruled by shari‘a courts, divided
                   into Sunni and Shi‘a courts. Efrati (2012: 80) explores the reasons why
                   both the British Mandate and the Iraqi monarchy maintained shari‘a
                   courts in the cities, despite increasing criticism from urban intellectuals,
                   12
                        The first secondary school for girls was opened in 1931.
                   Rights,13 the first Iraqi (and Arab) woman minister,14 and prominent
                   communist activist; hence her reading and experiences with activism
                   differed greatly from those of the nationalist elite. She considered
                   women in the al-fallahin (“peasant”) class as the most deprived of rights.
                   She depicted the “double servitude” of these peasant women: they were
                   enslaved and exploited by male domination and tribal rules and by class
                   oppression. When analyzing women of the land-owning, bourgeois and
                   working classes, al-Dulaimi noted that although the conditions of eco-
                   nomic oppression varied, women of all classes were oppressed by mar-
                   riages in which they were considered possessions rather than
                   individuals, as well as social injustice and imperialism. Using
                   a Marxist and early feminist understanding of justice and equality, al-
                   Dulaimi tackled issues of maternal and child protection, marriage, and,
                   indeed, prostitution – a subject on which she did not employ
                   a moralizing analysis of sexuality but rather pushed the boundaries far
                   beyond even that which Iraqi women activists would be able to cross
                   today.
                      In this book, al-Dulaimi situated qadiyyat al-mar’a (the “woman ques-
                   tion”) as a fundamental part of the struggle for class and national libera-
                   tion; thus her argumentation was far more radical and challenging of the
                   status quo than that of al-Shaikh Da‘ud. Al-Dulaimi and women’s activist
                   of the left believed in the line of the leader of the Iraqi Communist Party,
                   Yusuf Salman Yusuf, that Iraq has lost its sovereignty to imperialist
                   forces, who had fortified their position by allying with local reactionaries.
                   Getting rid of the whole system thus was the only way to attain liberation
                   for both men and women. Therefore, feminist activists of the radical left
                   rejected the idea of “gradual modernization” promoted by the pro-British
                   nationalist elite in power and considered that only a radical political
                   change could put Iraq on the road to becoming modern, which meant
                   achieving economic prosperity, technological progress, social justice,
                   rights for women, and political freedom. For al-Dulaimi, women of the
                   bourgeoisie could not escape the lot of their less-privileged sisters because
                   their marriages too had the characteristics of a financial transaction
                   between their fathers and their future husbands which did not allow
                   them any real say about their marriages. The discourse and activism of
                   the women of the League on less-privileged women were characterized by
                   a willingness to address women’s everyday and concrete problems.
                   13
                        The League for the Defense of Women’s Rights became the Iraqi Women’s League in
                        1958.
                   14
                        She was appointed in 1959 at the Ministry of the Municipalities.
               15
                    Awwal al-Tariq ila al-Nahda al-Niswiyya fi al-‘Iraq (First Steps of Women’s Awakening in
                    Iraq), al-Rabita, March 1958.
               16
                    Her father was al-Shaikh Ahmed Da’ud, a Sunni religious figure and nationalist leader,
                    and her mother was Naima Sultan Hamoodeh, one of the founders of Nadi al-Nahda al-
                    Nisa’iyya (the “Women’s Renaissance Club”), in1923, the first Iraqi women’s group.
               17
                    The author draws a very elitist, urban, upper-class reading of women’s social, eco-
                    nomic, and political history; she overlooks rural and underprivileged women’s realities,
                    although she does draw a dramatic picture of women of the countryside in her chapter,
                    “Al-Iraqiyya fi al-Rif” (“The Iraqi Woman in the Countryside”). Throughout al-Shaikh
                    Da’ud’s study, she gives an apologetic view of the monarchal family and the Sunni Arab
                    nationalist elite.
                   rhetoric of the “new woman” active and assertive and the “modern
                   woman” – educated, professional, patriotic, and capable citizen willing
                   to build the modern state – to promote the expansion of women’s legal
                   and political rights. As pointed out by Efrati, these activists from the elite
                   families conducted their struggle in an “orderly manner” through legal
                   and constitutional channels: asking the government to expand education
                   and health services. In order not to be perceived as “too radical,” they
                   insisted on the fact that they did not want to “compete with men” in
                   power leadership but “participate in the country’s problems,” such as
                   poverty and illiteracy, and act as “mothers” demanding their rights to
                   participate in the drafting of laws for their sons and daughters, as a natural
                   extension of their maternal duties that would not threaten the family
                   structure, let alone the political and social order.
                      Awwal al-Tariq sections dedicated to the contribution of Sunni and
                   Shi‘a religious thinkers to the defense of women’s rights contrast with Al-
                   Dulaimi’s silence about religion. This use of a Muslim feminist rhetoric is
                   very typical of transnational nationalist narratives of the time that relied
                   on the work of Muslim reformers to advocate for an indigenous Muslim
                   modernity. However, Al-Shaikh Da‘ud seemed to have been influenced
                   by Al-Dulaimi on the condition of the peasant women as she also evoked
                   in her book the “double servitude” that characterizes her life. This precise
                   issue can be analyzed through the argument of hybridization of the
                   different nationalist narratives – pan-Arab and Iraqi – analyzed by
                   Bashkin (2009: 194–228). The division between the civilized nation –
                   the urban – and the uncivilized – the rural – structured the nationalist
                   narrative as the difference between the capital and the rif structures’
                   nationalist visions of the nation. This shows that despite their very differ-
                   ent ideologies, agendas, and proposed solutions to change the political
                   order of the time, nationalist and communist narratives also shared
                   common visions regarding the relationship between modernity and
                   nationhood.
                      In 1954, the government intensified its repression of the opposition,
                   dismantling hundreds of societies and clubs and banning the existence of
                   unions. The Iraqi Women’s Union had to be reestablished as a single
                   society rather than as a federation; it would be called the Women’s Union
                   Society (Jam‘iyyat al-Ittihad al-Nisa’i). Members of the Union and the
                   League now, after this repression campaign, explicitly criticized the gov-
                   ernment gender discourse that constructed women as noncitizens: the
                   TCCDR that symbolized the absence of state intervention in matters of
                   personal status and women’s disenfranchisement. This evolution echoes
                   the radicalization of the intelligentsia now dominated by the radical anti-
                   imperialist left; it also prepared the ground for the institution of a legal
               frame regarding personal matters uniting all Iraqis – rural and urban,
               Sunnis and Shi‘as – the Personal Status Code (PSC).
               18
                    In 1947, 35 percent of the population was urban; in 1977, that number jumped to
                    65 percent.
                   19
                        More precisely, the PSC addresses issues of marriage, divorce, childbirth, paternity,
                        custody, maintenance, bequests, and succession.
               rights, though limited, for the first time: the right to vote and run for office.
               As mentioned previously, Qasim appointed Naziha al-Dulaimi Minister of
               Municipalities in 1959, the first woman Iraqi and Arab minister.
                  Law No. 188 was a text clearly stating its routings within shari‘a and
               uniting Sunni and Shi‘a jurisprudences, granting the authority to a judge
               appointed by the state to rule on personal matters without the intercession
               of ‘ulemas. Moreover, according to Efrati (2012), women activists, such
               as the Iraqi Women’s League (al-Rabita) activist Naziha al-Dulaimi,
               participated to the drafting of the PSC alongside legal specialists and
               Sunni and Shi‘a ‘ulemas who elaborated it straight after the July 14,
               1958 Revolution. Thus the PSC was the result of women activists’
               demands of and participation in the legislative process. Under Qasim,
               the political field was open, but sporadic repressions did occur. For
               example, communist organizations, which dominated the political scene
               at the time, were authorized and then forbidden a few years later; some
               communist leaders were also brought to power, and then dismissed
               shortly after due to Qasim’s fear of competition. Nevertheless, women
               activists were very vocal during this period and advocated to extend
               women legal rights: forbidding extralegal marriage contracts, outlawing
               judges from marrying girls under the legal age, reforming articles related
               divorce and polygamy that privilege men’s rights, and extending women’s
               rights to child custody.
                  Maqbula B., seventy-four, is one of al-Rabita’s oldest and most active
               women activists. Maqbula belongs to an urban Sunni Arab family from
               ‘Ana that emigrated to al-Kerrada, central Baghdad, at the beginning of
               the 1950s. Born in 1938, she was twenty years old when the Revolution
               began; at that time, Maqbula was already an active member of the
               Communist Party, and her mother was a founding member of
               al-Rabita. Prior to the Revolution, Maqbula was drawn to communist
               activism by the Palestinian cause. After the Revolution, she dedicated her
               activism to women’s rights and the establishment of the PSC:
               After the establishment of the Personal Status Code, I dedicated my struggle to
               the defense of women’s rights. Me and the other activists, we started with the
               struggle against analphabetism, and with working in the countryside, especially
               against polygamy. We went to the women of the countryside and informed them
               of their rights. While peasant women worked as much as men, they ignored most
               of their rights, like for example her husband was obliged to ask for her permission
               in order to marry a second wife. We were rejected by some husbands there,
               because they thought we were bringing disorder to their families. We were telling
               women that men were not their superiors, and that they were not obliged to obey
               them, neither to obey their sons. We were telling them that they were equal to
               men. It was a difficult struggle, and many women did not accept our ideas.
                   We relied heavily on the fact that the Personal Status Code was elaborated by all
                   the religious schools and the ‘ulemas from all of them. The Personal Status Code
                   was legitimate and popular because of the support of the religious leaders, and
                   because it was not against shari‘a. The committee that drafted it was composed of
                   jurists and fuqeha’. We obtained, in 1959, equal shares in inheritance. This
                   changed in 1963 with the Ba‘th and then with Saddam.
                     Maqbula participated in the formation of the well-known lejna hal al-
                   mashakel (the “problems resolution committee”), which were dedicated
                   to mediating in private matters and supporting women within the family
                   sphere. Being from an urban, educated Sunni Arab family, Maqbula had
                   good connections with women of the nationalist elite and mentioned that
                   some al-Rabita’s actions were supported by or even conducted in partner-
                   ship with other women’s groups. The effervescence of women’s political
                   activism in Iraq following the establishment of the Iraqi Republic was also
                   described by Al-Ali, in her chapter “Living with the Revolution” (2007:
                   56–108). The women of the same generation interviewed by Al-Ali also
                   spoke to the politically and socially revolutionary atmosphere, as al-
                   Rabita emerged as a prominent women political organization.
                   I can say that the 14th July 1958 was a turning point in my life. I considered it as
                   a turning point because the July Revolution introduced us to a new era character-
                   ized by an opening for the people, for their participation in social life in general.
                   It was an opening for women’s participation, her liberation from the veil and the
                   ‘abaya, and the opening of education to her. It was also the emergence of new
                   social and working movements, such as the Students’ Union, the Women’s
                   Union, and movements that pushed citizens’ participation in social life. I started
                   my involvement very young, in secondary school and then in high school, with the
                   Students’ Union.
                      Haifa F. – a sociologist and professor at Baghdad University and
                   member of al-Rabita – was sixteen years old when the Revolution
                   began. She belongs to a nationalist Baghdadi family with close ties to
                   leftist and communist political groups at the time. She recalled participat-
                   ing in demonstrations for “social justice” in secondary school. Haifa
                   described this period as very culturally and intellectually rich and domi-
                   nated by leftist ideas: “everyone was reading a lot” and “open minded.”
                   She described the Communist Party as having “a civilizing role” for the
                   population, and of the gender norms during this period, she said: “[a]t the
                   time, the veil was internal. People were well mannered. Boys were not
                   harassing girls even when they were not veiled, and no matter what they
                   were wearing.”
                      Nashwa A. – a member of a women’s rights organization in Baghdad –
                   was fifteen years old when the Revolution began. She belonged to
                   a prominent Shi‘a religious family from Karbala. Her father was one of
                   the leading Shi‘a nationalist figures who opposed the British under the
                   monarchy and participated in the 1920 Revolution. Nashwa’s family
                   moved to the Medinat al-Huriyya neighborhood in Baghdad after the
                   Revolution. One of her brothers, a communist activist, was jailed under
                   Nuri al-Sa‘id. Nashwa recalls that the time of Qasim was a period of great
                   happiness and expressed admiration for the leader: “We were so happy for
                   the revolution; my brother was jailed under Nuri al-Sa‘id. I loved ‘Abd al-
                   Karim Qasim’s personality, and appreciated him very much. After the
                   14th of July, the houses were open; there was no stealing at all. ‘Abd al-
                   Karim was clean.”
                      Whether expressing admiration for the Revolution’s leader or its
                   reforms, most of the activists I interviewed – from various political,
                   regional, ethnic, and religious backgrounds – remembered this as a time
                   of national unity. Maha S. – born in 1946 and a prominent women activist
                   in Baghdad – was a teenager during the Qasim period. At the time, she
                   lived in Nasiriyah with her mother, father, and four brothers and sisters.
                   Her family emigrated from a Christian village north of Mosul and settled
                   there until the mid-1970s. Maha’s father worked as a merchant,
                   20
                        In Mosul, in March 1959, conflicts between communists and nationalists who were
                        mostly conservative Sunni Arabs provoked the death of more than 200 people.
                        According to Batatu (1978), the clashes were more sectarian and tribal than political.
                        A few months later, in July, conflicts between Turkmens and Kurds, who were mostly of
                        communist obedience, provoked the death of between thirty-one and seventy-nine
                        people, Turkmens in the majority. The communists were accused of being responsible
                        for these events and of representing a threat to the central state authority.
                   21
                        The shargawi, all Shi‘as, are a population that emigrated from the southern region such as
                        al-‘Amara, and who occupied the slums in Baghdad in the 1950s. After the building of
                        social houses by Qasim, they lived in the popular areas of Baghdad.
               they said it themselves. Many acknowledged it: “We came in American trains.”
               It was the radio channel Sawt America that guided them to the opposition activists
               on the ground. 1963 was a terror and surprise for the nationalist forces . . . They
               promulgated Declaration 13, which stipulated that anyone suspected of being
               a communist could be killed without judgment. It was savagery; even tribal laws
               do not do that. Blood was flowing in the streets. Entire families were killed . . .
               They came to take me from my place of work [she was an employee in the faculty
               of engineering at the campus of Bab al-Mu‘azem]. They gathered us in buses.
               There were doctors, lawyers, educated women, even pregnant women who then
               gave birth in prison. When we arrived in the prison, we found it full. There was
               a part for men and a part for women.
                 Maqbula narrated crying about the month she spent in prison: the
               general atmosphere, torture, and the solidarity between the prisoners.
               I stayed a month in prison. There were 800 women in my prison, despite the fact
               that there was only enough space for no more than 50. The cells were named after
               the detained groups. There was the Ba‘quba cell and the Baghdad cell. There was
               no cell for Najaf, because it was considered a holy place; the women from Najaf
               were interrogated in Bayt al-Mokhtar. In Najaf they did not jail; the main detention
               centers were in Baghdad because it was not simple to detain women in the country-
               side; people would have made an uprising for that. So they took the women, and
               brought them to Baghdad with their kids, because women could not leave their kids
               when their husbands were detained as well. Our cells were full of children; babies
               were even born inside the cells. Al-Rabita was in prison. This is why prison was not
               so hard in the beginning, because we were all together, supporting one another.
               I was jailed with Rosa Khaduri, Salima Fakhri, and the actress Nahida al-Ramah.
               Then they sent us to detention centers; I was in the Kerrada center. There, we
               heard the men being tortured in the basement. After 24 February, from one o’clock
               in the morning, they would start hitting iron against the wall; it was deafening.
               Torture would begin after that. We were left in our underwear, and they plunged us
               into iced water and threw heaps of garbage on us. In that place, it was like an iced
               bathroom where we were plunged; we were four women; one had just got married
               and another one was pregnant. We took turns sitting in the only little corner where
               one could sit, just to warm up our feet, one after the other. The one who was
               pregnant gave birth. We stayed a month like that. They interrogated us, tried to
               force us to speak. I heard about some who spoke.
                  During the campaign of repression, Maqbula’s father was jailed and
               interrogated, her aunt’s husband and one of her close friends were killed,
               her sister ran away, and her two brothers left the country. Maqbula’s
               father told her about his experience of detention: how he was interrogated
               and the harsh torture experienced by male political activists, even when
               very old. He described that he saw “men as old as Shaikh Bahr al-‘Ulum22
               hanging from their hands” and tortured to death. Her mother was the
               22
                    Shaikh Bahr al-‘Ulum is a prominent Shi‘a figure and nationalist activist.
                   only one left at home and was frequently harassed, interrogated, and
                   searched by security forces who wanted information on her family.
                   Maqbula, after her release from prison, asked everyone she knew for
                   information on her husband’s whereabouts and managed to visit him in
                   Qasr al-Nihaya prison:
                   He was another man, emaciated; his face was not the same anymore. They had
                   ripped the nails from his feet and hands, and extinguished cigarettes on his skin,
                   even on his intimate parts. He was so weakened, and terribly sick. He caught
                   Tetanus and was cured for it. I did not know that human beings could endure so
                   much. I visited him a second time and brought him what he had asked for:
                   a transistor radio, some linens, simple things and some food.
                      Later, when Maqbula asked to visit her husband again, she was told
                   that he had been moved to another detention center. She thinks that this
                   is when her husband was likely killed because she never saw him again and
                   still does not know what happened. She got mobilized and organized with
                   the help of activists who fled the country and settled abroad, starting an
                   international campaign to release Iraqi political prisoners. These activists
                   also opened the organization to women from the bourgeois nationalist
                   elite who had supported them during the period of political repression.
                   Although most of their activities were underground, the activists mana-
                   ged to restructure al-Rabita:
                   After that, our activism became more structured and organized, always under-
                   ground. But we built connections with abroad and we were working very well.
                   We structured al-Rabita, and the house of Rosa Khaduri was our headquarters
                   after we came out from prison. The bourgeois nationalists supported us a lot
                   during that period. This solidarity movement helped us to psychologically over-
                   come this ordeal. We were witnessing the cases of women that were dealing with
                   situations far worse than ours. We carried on until 1968, we set up our High
                   Committee and Naziha al-Dulaimi also came back.
                      Then, after the second Ba‘th coup, Maqbula would again have to
                   endure Ba‘th repression because the Ba‘th arrested and tortured her
                   elderly mother in 1979. Maqbula fled the country, returning only after
                   the Ba‘th regime fell in 2003. Nevertheless, she remained active abroad,
                   representing al-Rabita and dedicating her activism to organizing aware-
                   ness campaigns against the Ba‘th regime and solidarity campaigns with
                   Iraqi political prisoners.
                      PSC reform – specifically the articles related to inheritance and
                   polygamy – was one of the measures undertaken by the Ba‘th regime
                   after the first coup (Anderson 1963).23 The inheritance article, which had
                   23
                        These articles of the PSC were reformed as soon as March 18, 1963, right after the fall of
                        the Qasim regime in February of 1963.
               relied on the Civil Code, was replaced with an article that relied on shari‘a
               and privileged Ja‘fari jurisprudence. The revised article on polygamy,
               while preserving its limitations, added a clause that allowed for polyga-
               mous marriages contracted outside the courts. Thus the new article
               legitimized the illegal practice of polygamy. Reforming the PSC’s most
               controversial and symbolic articles was clearly aimed at marking the end
               of the revolutionary atmosphere. Women activists, especially in the com-
               munist ranks, were violently repressed: some were jailed and tortured,
               and many others had no choice but to flee the country.
                  In November 1963, the ‘Arif brothers overthrew the first Ba‘th
               regime via a military coup; their regime ruled the country for the next
               five years (1963–68),24 combining military discipline with clan and
               kinship allegiances, the jumailat (Sakai 2003). The ‘Arif brothers’ reli-
               ance on a small Sunni Arab clan exacerbated feelings of sectarian
               oppression among Shi‘a. Despite their opposition to communists, the
               ‘Arif brothers instituted several nationalist measures, such as nationali-
               zation of the banks and assurances sectors, foreign trade, and several
               industries. As long as oil revenues were limited and the political elite
               divided, income from the oil industry was not completely centralized,
               and thus the state’s despotic potential was restrained. The
               arrangements for state-elite cohesion proved weak, at times disastrous:
               four successful, and a dozen more attempted, coup d’états shook the
               nation during this period, proving the vulnerability of this disciplinary
               regime.
                  During this period, leftist and communist organizations resumed
               their activism semiofficially and mainly underground. Rabab H. – an
               undergraduate law student at Baghdad University at the time – recalls
               this period, when she was very active in the General Students’ Union
               affiliated with the Communist Party:
               I belonged to the General Students’ Union of the Iraqi Republic; I was one of the
               leading members. We were not officially members of the Communist Party, as
               most of our activities had been underground since 1963. I remember that during
               the student elections organized by the Iraqi Government in 1967, we won more
               than 75% of the seats as the list of the General Students’ Union. After obtaining
               my law degree in 1967, I got involved in the women’s movement. It was a semi-
               official action, because at the time most of our activities were underground.
               We were insisting on the link between women’s liberation and democratic free-
               dom in the country, in the broader meaning of the term.
               24
                    ‘Abd al-Salam ‘Arif led the country from 1963 to 1966, and his brother, ‘Abd al-Rahman,
                    ran the country from 1966 to 1968. They were both Free Officers.
                           Conclusion
               In colonial Iraq, the formulation and context of the “woman question”
               were marked by both marginalization from power and the tribalization of
               the majority of Iraqi society, which was ruled by tribal law in rural areas
               and by a Sunni elite in the cities. Colonial Iraq was led by a politics of
               uneven differentiation in terms of legal rights that created a fragmented
               citizenship and nationhood. From its beginnings, the “new nation” was
               contested by the majority of the population. This contestation, grounded
               in class, ethnic, sectarian, and regional (urban/rural) divisions, gave the
               “woman question” a peculiar shape. The most radical advocacy for
               women’s rights came from secular and leftist political forces as religious
               authorities were reluctant to relinquish their powers. Thus, unlike other
               Muslim majority and Arab countries, in Iraq, Fleischmann’s (1999)
               stages – described in the introduction to this chapter – did not emerge
               until later; in the context of a secularized society with a political culture
               dominated by the Iraqi Communist Party, these stages also came in the
               form of nationalist, leftist, political forces.
                  The new Iraqi Republic contested tribal and religious powers, instead
               pushing the emerging, modern middle class. The defense of women’s
               rights was central to the new regime’s modernist nationalist politics,
               which were shaped by a sense of shared nationhood and weakening
               religious, ethnic, and sectarian divisions. Nevertheless, “Islam” remained
               a key symbol of cultural authenticity, especially among nationalist femin-
               ists. Although it included radical measures, the adoption of a PSC within
               the framework of shari‘a indicated the postcolonial formulation of the
               “woman question.” The link between a unified nation and women’s
               emancipation was revealed through the adoption of a PSC that both
               guaranteed progress in women’s rights and worked to overcome sectarian
               divisions between Sunni and Shi‘a jurisprudence. This linkage was also
               expressed by many of the women activists I interviewed. Nevertheless, the
               exacerbation of ethnic, religious, and sectarian divisions; the new nation-
               state’s lack of legitimacy as a result of colonization; and the military nature