“His gaze was intrusive; it pierced my soul”: On the Struggles of Divorced Women in Navigating Courts and Governmental Institutions
25 Apr 2024
Mothers are forfeiting their rights in a bid to regain their freedom, only to find themselves and their children met with sexism, obstruction, and exploitation — on Suha, Suhair, Aseel, and Shahd’s encounters with governmental institutions and courts.
“He divorced me after I was declared Nashiz for refusing to move into the matrimonial home. I lost all my rights in 2021, divorced in absentia, and was declared a Nashiz,” says Suha Fadhel, a 31-year-old mother of three from Babil.
Suha has been stripped of all her rights, yet she refuses to relinquish the rights of her three daughters. These rights, stated in Article 59 of Iraq’s Personal Status Law of 1995, guarantee financial support for females until they marry or attain employment.
The court has ruled that Suha’s ex-husband must pay each daughter 120,000 Iraqi dinars (about (92 US dollars) in alimony each month, given his status as a wage earner. This alimony amount would be raised to 150,000 Iraqi dinars (about 115 US dollars) for each daughter two years later, with adjustments made annually to reflect economic conditions. These adjustments in alimony are determined by judicial experts who evaluate the father’s living conditions, income, and employment status, while also considering the custodian’s living circumstances.
Mohammed Jumma, a lawyer in Baghdad, describes judicial experts as ”a problem in their own right.” He explains that the alimony payments determined by judicial experts lack specific criteria and often depend more on their personal discretion. He elaborates by giving an example where a father earning a million Iraqi dinars (about 767 US dollars) per month might be asked for alimony of 300,000 Iraqi dinars (about 230 US dollars) by a judicial expert from Al-Karkh court, while another judicial expert from a different court might assign an alimony of only 100,000 Iraqi dinars (about 77 US dollars).
How do men evade paying alimony?
“I sold my last piece of gold jewelry in 2021 to provide for my son, and to this day, I haven’t heard from his father,” says Suhair, who got divorced in 2019 with an agreement stipulating that her ex-husband, the father of her child, would pay $100 monthly, which covers her son’s expenses.
Suhair lost her rights following the divorce, as outlined in Article 23, No. 188 of the Iraqi Personal Status Law of 1959, which states that “alimony is obligatory for the wife only when under a marriage contract, and in the event of annulment, meaning divorce, the alimony obligation is also annulled,” according to Jumaa.
Suhair was insistent about protecting her son’s rights. “I don’t want my son to resent me in the future for relinquishing his rights,” she stated. “I’ve also made it clear to my ex-husband that I don’t want our son wishing for things that I can’t afford to provide.”
A year after her divorce, and amidst the spread of COVID-19 which led many businesses and institutions to shut down, both Suhair and her ex-husband lost their jobs. This led him to let her know that he was unable to maintain the monthly child support payment. However, Suhair refused to compromise her son’s rights and persisted in urging the father to fulfill the monthly payment regardless of his circumstances.
After some time, the father returned to work but kept neglecting his child’s monthly payments. “He only provides $100 every two or three months, and since he lives in a different city, he sends the money through money transfer offices, which deduct service fees from the total,” Suhair explains.
When Suhair’s ex-husband lived in the same city, it was easier to enforce payment of his son’s monthly fees with the support of her family. However, at present, despite knowing that her ex-husband is in one of the provinces in Iraq, she lacks concrete evidence. “I’m unaware of his current whereabouts. Even with the lawsuits and the legal notices I file, I’m at a loss as to where to direct them since I don’t know his address.”
Neither Suhair nor the court know the address to send legal notices or track him down.
According to Article 82 of the Iraqi Execution Law No. 45 of 1980, seizure is only applicable to individuals employed within the public sector. Therefore, in Suhair’s case, she cannot seize her ex-husband’s assets or garnish his salary through a court order, since he is a wage worker in the private sector.
Cases like Suhair’s have become a common place as described by lawyer Mohammad Jumaa. “If the father is not a government employee and doesn’t possess assets that can be seized, like cars or properties, he can easily disappear and evade his alimony obligations.”
Even if the father can be located, securing alimony payments is not guaranteed. In cases of default, the father would face coercive civil contempt under Article 22 of the Iraqi Enforcement Law No. 45 of 1980. However, as Jumaa explains, “Coercive civil contempt has proved ineffective as the father can simply refuse to answer the door when police arrive, and the law prohibits the police from entering the premises to arrest him.”
Article 22 specifies that civil contempt can only be imposed on the debtor if they are directly apprehended by law enforcement agencies, meaning they must be outside their home or workplace. Jumaa further explains that coercive contempt, or an arrest warrant, is issued exclusively by a criminal justice court, thus limiting law enforcement agencies, like security forces, from actively searching for the debtor.
In cases where the arrest warrant is issued by the court of inquiry, granting authority to law enforcement agencies such as security forces, they have the right to enter the debtor\s residence, conduct a search, and make the arrest at either their home or workplace. Law enforcement agencies, however, are confined to issuing civil contempt complaints, which prohibit deliberate searches of the debtor at their home or workplace, in adherence to court principles. Security forces are only authorized to make arrests when encountering the debtor in the moment, highlighting the constraints of law enforcement protocols.
Article 43 of the Enforcement Law mandates imprisonment for up to four months for the debtor’s failure to repay their debt. “However, after the four-month period, the debtor will be released, regardless of whether the owed amount has been repaid,” explains Al-Dayni.
In instances where alimony payments are defaulted on, the divorced mother may turn to Penal Code No. 111 of 1969. Under Article 384 of the Penal Code, individuals who fail to fulfill alimony obligations can face imprisonment for a maximum duration of one year.
But the judiciary system operates differently in these cases
Legal experts consulted for this investigation reveal that the judiciary system follows two courses of action regarding Article 384 of the Penal Code. The first involves issuing a one-year imprisonment sentence but without enforcing the verdict, which is strange! Alternatively, the other course of action is a four-month imprisonment sentence, which appears to be favored in many cases by men to overpay the alimony.
Legal experts identify legislation as the primary obstacle for women seeking to secure their rights or those of their children post-divorce. “Our laws are lax and antiquated; it’s absurd that men can easily evade alimony obligations if they’re not government employees or lack siezable assets,” remarks lawyer Mohammad Jumaa. “Divorce cases are typically charged. It’s not uncommon for a man to offer a bribe of 5 million to sway the ex-wife’s lawyer in his favor, and unfortunately, this occurs frequently.”
Departments of law enforcement — Obstruction and humiliation
“When we decided to get a divorce and have agreed on a monthly stipend for our child, it was all to avoid courts and departments of law enforcement’s obstruction,” says Suhair. “It can take up to two or three months to receive alimony, which could significantly delay covering the child’s expenses if the mother relies on it,” adds Jumaa, highlighting the bureaucratic procedures in government departments and the interdepartmental correspondence.
Suhair has just come out from a difficult marriage only to embark on a new difficult experience as a divorced mother fighting for her son’s rights. “I applied for alimony sometime after the divorce and eventually obtained a favorable decision,” she recounts. “When I appeared in court, they determined that the child would receive 100,000 Iraqi dinars, and as an unemployed custodian, I would receive 20,000 dinars each month. I thought that’s not bad, I could pay the daycare with this money.”
However, Sahar’s ex-husband adamantly refused to comply with the enforcement of payments by the department of law enforcement, aiming to evade his financial obligations. When Suhair initiated a lawsuit to secure child support from her ex-husband, she explicitly requested that the alimony payment be facilitated through the department of law enforcement. It is within the creditor’s rights to specify the payment method and process, and Suhair deliberately chose this route to deter her ex-husband from evading payment.
Her battle with the department of law enforcement commenced 11 months ago, “I cannot begin to describe how frustrating and chaotic these departments are,” expresses Suhair.
The Department of Law Enforcement is one of the departments under the Ministry of Justice. It consists of several branches spread across all Iraqi provinces and their primary mission is to enforce the provisions outlined in Enforcement Law No. 45 of 1980, aimed at safeguarding the rights of both the state and its citizens by implementing court rulings, particularly those concerning debt repayment, alimony, and other related matters. The department establishes protocols for both creditors and debtors, facilitating financial settlements between the parties to prevent defaults. These departments function under the supervision and management of the Iraqi Ministry of Justice.
There are a total of 134 law enforcement departments distributed throughout the country, with 13 located in Baghdad, and the remainder spread across the rest of Iraq (excluding Kurdistan).
Many women, like Suhair, have encountered neglect, humiliation and severe delays of procedures when dealing with these departments across the country. Jumaa shares their concerns, describing these departments as slow and often subjecting women to “humiliation, as if they are ‘begging’ for their rights.”
“I’ve been persistent and diligent in following up with these departments, and they all know me now,” says Suha, who has been entangled in this ordeal for four years. Despite receiving her child support ruling, her ex-husband consistently delays payment. “He doesn’t pay for the first two months and only settles the dues shortly before receiving the third notice, just to avoid intervention by security forces. This means I only receive payments every two or three months,” Suha explains.
Suha’s ex-husband resorts to this tactic because he knows that the department of law enforcement can issue a civil contempt, providing a seven-day grace period for his failure to pay his debt, as outlined in Article 11 of the Enforcement Law.
Once women’s suffering resulting from their ex-husbands’ stalling comes to an end, they’re faced with additional obstacles from law enforcement departments and banks.
“My ex-husband is currently employed and receives his salary on the 28th of every month, but I only receive my portion three weeks or more after that,” Suha explains. “When I inquire with the employees at the department of law enforcement about the reason for the delay, they attribute it to the bank.” This is despite the implementation of electronic systems aimed at enhancing payment procedures within the law enforcement departments, according to Murad Mahdi, the Media Director of the Ministry of Justice; yet it fails to eradicate the challenges faced by women.
Mahdi attributes the payment delays experienced by creditors (the women in these cases) to the dates of sending payments from the ministries and organizations where the debtor works to the banks affiliated with the electronic payment cards, despite the departments of law enforcement expressing urgency and pressure for them to do so.
Many legal experts, among them lawyer Ali Al-Dayni, stated to Jummar that “the challenges faced with law enforcement departments and their slow procedures stem primarily from understaffing” Al-Dayni elaborates, “For instance, the New Baghdad law enforcement department, which serves a vast geographical area and is frequented by thousands of citizens, operates with only 5 or 6 employees. It is unrealistic to expect this small number of staff to efficiently process thousands of transactions!”
In response to this, Murad Mahdi, the Media Director of the Ministry of Justice, clarifies that “the halt of hiring over the past decade and the retirement of some employees due to reaching the legal age has resulted in a shortage of staff across all state institutions. However, the law enforcement directorate has designated hotlines, including a Facebook page, to receive complaints from all citizens.”
The Council of Ministers approved the National Strategy for Iraqi Women in March of last year, with the aim of enhancing the role of women in the Iraqi state. This strategy had two primary missions, the first is to strengthen and empower women’s roles within the Iraqi government, and second is to improve conditions for women in state departments. Despite its implementation effective from 2023 until 2030, conditions for women in state departments and institutions remain unchanged.
Murad Mahdi confirms that there are no clear data owned by the Ministry of Justice or the law enforcement directorates regarding the number of divorced women who visit these departments to claim their rights after divorce.
The issues plaguing law enforcement departments extend beyond obstruction, delays, or inefficiency. Visitors are occasionally taken aback to find these departments closed, as occurred in 2021 when the law enforcement department in Al-Sadr City shuttered its doors for four months due to dampness in the employees’ room walls. During this time, women began queuing as early as 5 a.m., hoping that the department would reopen.
Similar incidents occurred two months ago at the Al-Zuhoor law enforcement department on the outskirts of Baghdad, which closed for two weeks for inventory purposes, as indicated by a sign posted on the department’s door.
This table shows the lawsuits that women face after divorce, their number, and their details:
Lawsuit | Number | Description |
Visitation or access rights from the father against the mother | 280 | Fathers filing lawsuits for visitation rights with their children but fail to commit to the scheduled visitation day. |
Child support | 265 | Fathers evading alimony payment through different methods mentioned in this report. |
Petition for guardianship, in an attempt by the mother to gain custody of the child | 50 | The father’s guardianship only terminates in the event of his death. |
Right to housing | 20 | This lawsuit is filed concurrently with the divorce petition, and it encompasses several conditions detailed in this report. |
Proof of custody to obtain official documents | 180 | When the father refuses to provide official documents for the child, the custodian (mother) can obtain these documents after initiating a custody proof lawsuit and demonstrating her custody of the child. However, this provision does not apply to obtaining a passport. |
Jummar has reached out to 15 Iraqi law firms based in Baghdad to gather information on legal cases encountered by women following divorce, dating back to at least the year 2023. Only five lawyers were able to provide us with details regarding the number and nature of cases they handled concerning challenges women encounter post-divorce.
Home confinement
“I invited my friends over for a small celebration after I finally obtained my son’s national ID,” says Suhair, reflecting on two years of struggle and negotiation with her ex-husband, who initially refused to cooperate in releasing their son’s official documents.
Since 2005, the Iraqi judiciary has followed a judicial custom, according to lawyer Jumaa, which grants a custodial mother the right to file a lawsuit to prove custody and obtain identification documents for her child as a means of facilitating her access to state services, with the exception of the issuance of a passport, according to Article 4 of the Passport Law No. 32 of 2015. This law prohibits the issuance of a travel document to individuals under the age of 18 years old unless their guardian, typically the father by default, is present. If the father is deceased, then the mother assumes the role of the official guardian.
“The law in Iraq does not consider the act of confiscating a child’s official documents by their father as a criminal offense,” says Jumaa, although Article 299 of the Penal Code stipulates a maximum penalty of two years for the crime of using official documents belonging to another person, whether they were held or used by someone else. However, the law does not typically apply to fathers confiscating their children’s documents, even if they are in the custody of the mother. This is because the judiciary system considers the father to be the official carer for his children. Therefore, when he takes their official documents or seizes them, it is not considered theft, according to legal experts.
The divorce battle has left Aseel emotionally drained, prompting her to concede all her rights in exchange for custody of her son. Aseel, along with her son and family, fled from Mosul to Baghdad in 2014 following the occupation of Nineveh by ISIS. Despite rebuilding her life, she felt confined as she couldn’t travel for work, tourism, or even medical purposes due to her son’s lack of a passport.
Aseel’s ex-husband immigrated to the United States of America without disclosing his address or issuing a travel document for their son because “he thought I would not allow him to be in touch with our son,” says Aseel.
The options presented to Aseel were stark, either falsely assert that her son suffers from mental health issues or procure a medical report affirming a medical illness to facilitate obtaining a passport for him. However, she adamantly refused both options as she was unable to reconcile with the notion of fabricating her son’s health condition or resorting to legal circumvention, as she expressed.
Aseel pursued guardianship of her son, yet encountered obstacles as outlined in Child Protection Law No. 78 of 1980, which typically denies such requests unless the father has passed away. “Alternatively,” elaborates Jumaa, referencing Articles 36 and 37 of the law, “guardianship may be considered when the child’s welfare clashes with that of the guardian, for instance, if the child requires travel due to a mental disorder and the guardian refuses, authority may revert to the mother. However, such decisions must undergo committee examination to substantiate the child’s mental impairment.”
Aseel’s determination to secure her son’s passport persisted until the October 2019 uprising. She then faced serious threats that endangered her life, compelling her to make a difficult decision and seek refuge in Turkey with her parents, who had already relocated there, while leaving her nine-year-old son in the care of her ex-husband’s family. “I was shattered during that period for leaving my son behind,” she reflects. “I returned to Baghdad a few months later, thinking that if I were to be killed, I’d at least be with my son.”
After seven years of divorce, Aseel finally obtained a passport for her son with the intervention of her ex-husband’s family, who came to realize the severity of the threats she faced. They convinced their son to grant her power of attorney to obtain the passport.
Fathers punishing divorced mothers.. through the law
After divorce, men, especially fathers, often employ various tactics to provoke their ex-wives through their children. These methods range from confiscating the child’s identification documents or refusing to issue passports to filing visitation lawsuits. According to Article 57 of the Personal Status Law, the father has the right to oversee the affairs of his children, including their upbringing and education, until they reach the age of ten. Lawyers Zainab Jawad and Mohammed Jumaa state that the judiciary system has interpreted visitation rights to allow the father to see the child once a week for six hours each time.
This was the case with Suha when her ex-husband filed a visitation lawsuit for their daughters but failed to attend for the past four months. Despite Suha and her daughters adhering to the weekly visits at the designated location set by the Personal Status Court in Babil to facilitate their interaction with the father, he consistently failed to show up.
“I wish you could see the visitation site, it is traumatizing for the kids. The place is old and dirty.”
Suha attempted to avoid taking her daughters to visit their father since he consistently failed to show up. However, he filed a lawsuit against her, leading to a six-month prison sentence, for which she posted bail. Now, she attends every week at the specified time. “I go and wait with my daughters for an hour and a half, but he never comes, and then we return.”
The mother may face consequences if she fails to comply with visitation orders at the designated time. As outlined in Article 238 of the Iraqi Penal Code, she could potentially be subject to imprisonment for a maximum of six months and a fine of not more than one hundred thousand Iraqi dinars, or one of these penalties.
“The law remains notably silent regarding any penalties imposed on fathers for repeated failure to attend visitation appointments, while exclusively penalizing mothers if they fail to bring the child for visitation,” lawyer Ali Al-Dayni points out. “There’s a pressing need for new legislation that imposes disciplinary measures on fathers who neglect their visitation responsibilities, as this failure represents a manipulation of legal obligations,” Al-Dayni stresses. “While as lawyers, we consistently advocate for legislative reforms or amendments, our efforts alone are insufficient. It ultimately falls upon the responsibility of the cabinet and parliament to enact such changes.”
Divorced mothers are always accused
The Supreme Judicial Council in Iraq recorded approximately 7,000 divorce cases in January 2024 alone. The Council had previously stated in August 2023 that about 235 divorce cases occur each day. However, there are no clear statistics on whether the divorced women are mothers or not, as stated by Murad Mahdi, the Ministry of Justice’s media director. “We do not have clear statistics on the number of divorced women who resort to the law enforcement departments,” Mahdi told Jummar. The Supreme Judicial Council did not provide numbers describing the types and forms of legal suits faced by women or filed against men after divorce, whether related to child support, custody claims, or other issues.
In 2023, only four lawsuits were filed by women demanding their housing rights following divorce, which legal experts, including lawyer Mohammed Jumaa, consider one of the most intricate issues concerning divorced women’s rights.
Housing Regulation No. 77 of 1983 stipulates the divorced woman’s entitlement to reside in the marital home for a duration of three years post-divorce, provided she resided separately prior to the divorce. According to lawyer Mohammed Al-Egaili, this provision is contingent upon her not having resided with her husband’s family prior to the divorce, and having her own distinct dwelling, whether an apartment, house, or independent unit not integrated into a larger household. However, if she lived with her in-laws and did not have a separate entrance, her right to housing would be forfeited after divorce.
If the wife does not claim her housing rights during the divorce proceedings and the divorce is finalized, her right to housing will be lost, as mentioned by Al-Egaili. He explains that the judge will not grant a housing decision on his own initiative unless requested by the woman.
Divorced women often face neglect, punishment, and ongoing judgment from society. Their actions are scrutinized, and they are frequently seen as ‘easy targets’.
Shahd, a divorced mother of two, recounts an unsettling experience when she was processing her daughters’ national IDs. The general overseeing the process approached her, offering assistance with the paperwork and requesting her contact information to keep her informed about the progress. However, instead of providing updates, he began messaging her, repeatedly asking her to join him for lunch.
Even within the confines of their homes, divorced women are subject to condemnation and accusations from their own families. Shahd reveals to Jummar, “I feel like I’m constantly walking on eggshells; it’s as if even my every breath is judged. My family criticize everything I do, and if I dare to speak up, they remind me, ‘You’re divorced, don’t bring shame upon us.’”
Suhair, amongst others, has also encountered a type of harassment from the notary while attempting to obtain documents for her child. “The notary himself, you could see in his eyes a look that almost implies: ‘You’re divorced, now free and available.’ It felt as though he was insinuating that I am promiscuous. His gaze was intrusive, it pierced my soul.”
But it wasn’t merely suggestive glances that Suhair encountered. She felt a sense of betrayal, punishment, and pity. “I came to understand after my divorce that the ordeal of being a single mother could be likened to ‘the penalty of motherhood.’ You’re penalized through your motherhood simply because you’re divorced. Each glance seems to carry a sense of pity for your divorce while still bearing the mantle of motherhood.”
Others don’t know the underlying reasons behind any divorce. “I sought a divorce because I was exhausted and spiritually drained. I became indifferent to the world and noticed myself projecting my marital issues onto my child. That’s why I opted for divorce; because I didn’t want to be a mother in that state.”
The primary obstacle confronting divorced women today, particularly mothers among them, lies in the antiquated legislation and the adherence to traditional, rigid implementation methods. The lack of rigor in enforcing judicial rulings and the absence of significant penalties for male transgressors, coupled with the manipulation and evasion of the law by many of them, collectively result in women bearing the aftermath of divorce and often lead to the deprivation of rights for many children.
Despite all, they stand strong
Despite these challenges, many divorced women continue their battle against a multitude of obstacles, including societal expectations, ex-spouses, legal and bureaucratic impediments, all in pursuit of securing their children’s rights and their own.
Suha, for instance, is currently pursuing studies in law, stating, “After all that I’ve endured, I aspire to become a lawyer to fight for my rights,” Simultaneously, she works as an employee in a tourism company and drives a university shuttle to ensure a respectable livelihood for her three daughters amidst delayed alimony payments.
As for Suhair, who is facing unemployment, she perceives her ex-husband’s refusal to provide child support as a challenge to her dignity, leaving her desperately in need of funds to meet her child’s necessities. She remarks, “If my son’s father persists in withholding child support, I may have to resort to homeschooling.” Suhair prefers to enroll her son in a private school rather than a public one, but her ex-husband’s failure to fulfill his alimony obligations forces her to contemplate a legal workaround, allowing her child to study from home and only attend public school during final and mid-term exams.
Aseel’s story concludes on a more positive note, as she triumphs in her battle to be reunited with her child, now sharing tales of her successes with him.
These women exemplify the struggles endured by countless divorced mothers as they navigate bureaucratic hurdles and legal battles in pursuit of their children’s rights, all while contending with societal prejudices and adversities.
- This report was done under the supervision of Sawsan Zaida
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“He divorced me after I was declared Nashiz for refusing to move into the matrimonial home. I lost all my rights in 2021, divorced in absentia, and was declared a Nashiz,” says Suha Fadhel, a 31-year-old mother of three from Babil.
Suha has been stripped of all her rights, yet she refuses to relinquish the rights of her three daughters. These rights, stated in Article 59 of Iraq’s Personal Status Law of 1995, guarantee financial support for females until they marry or attain employment.
The court has ruled that Suha’s ex-husband must pay each daughter 120,000 Iraqi dinars (about (92 US dollars) in alimony each month, given his status as a wage earner. This alimony amount would be raised to 150,000 Iraqi dinars (about 115 US dollars) for each daughter two years later, with adjustments made annually to reflect economic conditions. These adjustments in alimony are determined by judicial experts who evaluate the father’s living conditions, income, and employment status, while also considering the custodian’s living circumstances.
Mohammed Jumma, a lawyer in Baghdad, describes judicial experts as ”a problem in their own right.” He explains that the alimony payments determined by judicial experts lack specific criteria and often depend more on their personal discretion. He elaborates by giving an example where a father earning a million Iraqi dinars (about 767 US dollars) per month might be asked for alimony of 300,000 Iraqi dinars (about 230 US dollars) by a judicial expert from Al-Karkh court, while another judicial expert from a different court might assign an alimony of only 100,000 Iraqi dinars (about 77 US dollars).
How do men evade paying alimony?
“I sold my last piece of gold jewelry in 2021 to provide for my son, and to this day, I haven’t heard from his father,” says Suhair, who got divorced in 2019 with an agreement stipulating that her ex-husband, the father of her child, would pay $100 monthly, which covers her son’s expenses.
Suhair lost her rights following the divorce, as outlined in Article 23, No. 188 of the Iraqi Personal Status Law of 1959, which states that “alimony is obligatory for the wife only when under a marriage contract, and in the event of annulment, meaning divorce, the alimony obligation is also annulled,” according to Jumaa.
Suhair was insistent about protecting her son’s rights. “I don’t want my son to resent me in the future for relinquishing his rights,” she stated. “I’ve also made it clear to my ex-husband that I don’t want our son wishing for things that I can’t afford to provide.”
A year after her divorce, and amidst the spread of COVID-19 which led many businesses and institutions to shut down, both Suhair and her ex-husband lost their jobs. This led him to let her know that he was unable to maintain the monthly child support payment. However, Suhair refused to compromise her son’s rights and persisted in urging the father to fulfill the monthly payment regardless of his circumstances.
After some time, the father returned to work but kept neglecting his child’s monthly payments. “He only provides $100 every two or three months, and since he lives in a different city, he sends the money through money transfer offices, which deduct service fees from the total,” Suhair explains.
When Suhair’s ex-husband lived in the same city, it was easier to enforce payment of his son’s monthly fees with the support of her family. However, at present, despite knowing that her ex-husband is in one of the provinces in Iraq, she lacks concrete evidence. “I’m unaware of his current whereabouts. Even with the lawsuits and the legal notices I file, I’m at a loss as to where to direct them since I don’t know his address.”
Neither Suhair nor the court know the address to send legal notices or track him down.
According to Article 82 of the Iraqi Execution Law No. 45 of 1980, seizure is only applicable to individuals employed within the public sector. Therefore, in Suhair’s case, she cannot seize her ex-husband’s assets or garnish his salary through a court order, since he is a wage worker in the private sector.
Cases like Suhair’s have become a common place as described by lawyer Mohammad Jumaa. “If the father is not a government employee and doesn’t possess assets that can be seized, like cars or properties, he can easily disappear and evade his alimony obligations.”
Even if the father can be located, securing alimony payments is not guaranteed. In cases of default, the father would face coercive civil contempt under Article 22 of the Iraqi Enforcement Law No. 45 of 1980. However, as Jumaa explains, “Coercive civil contempt has proved ineffective as the father can simply refuse to answer the door when police arrive, and the law prohibits the police from entering the premises to arrest him.”
Article 22 specifies that civil contempt can only be imposed on the debtor if they are directly apprehended by law enforcement agencies, meaning they must be outside their home or workplace. Jumaa further explains that coercive contempt, or an arrest warrant, is issued exclusively by a criminal justice court, thus limiting law enforcement agencies, like security forces, from actively searching for the debtor.
In cases where the arrest warrant is issued by the court of inquiry, granting authority to law enforcement agencies such as security forces, they have the right to enter the debtor\s residence, conduct a search, and make the arrest at either their home or workplace. Law enforcement agencies, however, are confined to issuing civil contempt complaints, which prohibit deliberate searches of the debtor at their home or workplace, in adherence to court principles. Security forces are only authorized to make arrests when encountering the debtor in the moment, highlighting the constraints of law enforcement protocols.
Article 43 of the Enforcement Law mandates imprisonment for up to four months for the debtor’s failure to repay their debt. “However, after the four-month period, the debtor will be released, regardless of whether the owed amount has been repaid,” explains Al-Dayni.
In instances where alimony payments are defaulted on, the divorced mother may turn to Penal Code No. 111 of 1969. Under Article 384 of the Penal Code, individuals who fail to fulfill alimony obligations can face imprisonment for a maximum duration of one year.
But the judiciary system operates differently in these cases
Legal experts consulted for this investigation reveal that the judiciary system follows two courses of action regarding Article 384 of the Penal Code. The first involves issuing a one-year imprisonment sentence but without enforcing the verdict, which is strange! Alternatively, the other course of action is a four-month imprisonment sentence, which appears to be favored in many cases by men to overpay the alimony.
Legal experts identify legislation as the primary obstacle for women seeking to secure their rights or those of their children post-divorce. “Our laws are lax and antiquated; it’s absurd that men can easily evade alimony obligations if they’re not government employees or lack siezable assets,” remarks lawyer Mohammad Jumaa. “Divorce cases are typically charged. It’s not uncommon for a man to offer a bribe of 5 million to sway the ex-wife’s lawyer in his favor, and unfortunately, this occurs frequently.”
Departments of law enforcement — Obstruction and humiliation
“When we decided to get a divorce and have agreed on a monthly stipend for our child, it was all to avoid courts and departments of law enforcement’s obstruction,” says Suhair. “It can take up to two or three months to receive alimony, which could significantly delay covering the child’s expenses if the mother relies on it,” adds Jumaa, highlighting the bureaucratic procedures in government departments and the interdepartmental correspondence.
Suhair has just come out from a difficult marriage only to embark on a new difficult experience as a divorced mother fighting for her son’s rights. “I applied for alimony sometime after the divorce and eventually obtained a favorable decision,” she recounts. “When I appeared in court, they determined that the child would receive 100,000 Iraqi dinars, and as an unemployed custodian, I would receive 20,000 dinars each month. I thought that’s not bad, I could pay the daycare with this money.”
However, Sahar’s ex-husband adamantly refused to comply with the enforcement of payments by the department of law enforcement, aiming to evade his financial obligations. When Suhair initiated a lawsuit to secure child support from her ex-husband, she explicitly requested that the alimony payment be facilitated through the department of law enforcement. It is within the creditor’s rights to specify the payment method and process, and Suhair deliberately chose this route to deter her ex-husband from evading payment.
Her battle with the department of law enforcement commenced 11 months ago, “I cannot begin to describe how frustrating and chaotic these departments are,” expresses Suhair.
The Department of Law Enforcement is one of the departments under the Ministry of Justice. It consists of several branches spread across all Iraqi provinces and their primary mission is to enforce the provisions outlined in Enforcement Law No. 45 of 1980, aimed at safeguarding the rights of both the state and its citizens by implementing court rulings, particularly those concerning debt repayment, alimony, and other related matters. The department establishes protocols for both creditors and debtors, facilitating financial settlements between the parties to prevent defaults. These departments function under the supervision and management of the Iraqi Ministry of Justice.
There are a total of 134 law enforcement departments distributed throughout the country, with 13 located in Baghdad, and the remainder spread across the rest of Iraq (excluding Kurdistan).
Many women, like Suhair, have encountered neglect, humiliation and severe delays of procedures when dealing with these departments across the country. Jumaa shares their concerns, describing these departments as slow and often subjecting women to “humiliation, as if they are ‘begging’ for their rights.”
“I’ve been persistent and diligent in following up with these departments, and they all know me now,” says Suha, who has been entangled in this ordeal for four years. Despite receiving her child support ruling, her ex-husband consistently delays payment. “He doesn’t pay for the first two months and only settles the dues shortly before receiving the third notice, just to avoid intervention by security forces. This means I only receive payments every two or three months,” Suha explains.
Suha’s ex-husband resorts to this tactic because he knows that the department of law enforcement can issue a civil contempt, providing a seven-day grace period for his failure to pay his debt, as outlined in Article 11 of the Enforcement Law.
Once women’s suffering resulting from their ex-husbands’ stalling comes to an end, they’re faced with additional obstacles from law enforcement departments and banks.
“My ex-husband is currently employed and receives his salary on the 28th of every month, but I only receive my portion three weeks or more after that,” Suha explains. “When I inquire with the employees at the department of law enforcement about the reason for the delay, they attribute it to the bank.” This is despite the implementation of electronic systems aimed at enhancing payment procedures within the law enforcement departments, according to Murad Mahdi, the Media Director of the Ministry of Justice; yet it fails to eradicate the challenges faced by women.
Mahdi attributes the payment delays experienced by creditors (the women in these cases) to the dates of sending payments from the ministries and organizations where the debtor works to the banks affiliated with the electronic payment cards, despite the departments of law enforcement expressing urgency and pressure for them to do so.
Many legal experts, among them lawyer Ali Al-Dayni, stated to Jummar that “the challenges faced with law enforcement departments and their slow procedures stem primarily from understaffing” Al-Dayni elaborates, “For instance, the New Baghdad law enforcement department, which serves a vast geographical area and is frequented by thousands of citizens, operates with only 5 or 6 employees. It is unrealistic to expect this small number of staff to efficiently process thousands of transactions!”
In response to this, Murad Mahdi, the Media Director of the Ministry of Justice, clarifies that “the halt of hiring over the past decade and the retirement of some employees due to reaching the legal age has resulted in a shortage of staff across all state institutions. However, the law enforcement directorate has designated hotlines, including a Facebook page, to receive complaints from all citizens.”
The Council of Ministers approved the National Strategy for Iraqi Women in March of last year, with the aim of enhancing the role of women in the Iraqi state. This strategy had two primary missions, the first is to strengthen and empower women’s roles within the Iraqi government, and second is to improve conditions for women in state departments. Despite its implementation effective from 2023 until 2030, conditions for women in state departments and institutions remain unchanged.
Murad Mahdi confirms that there are no clear data owned by the Ministry of Justice or the law enforcement directorates regarding the number of divorced women who visit these departments to claim their rights after divorce.
The issues plaguing law enforcement departments extend beyond obstruction, delays, or inefficiency. Visitors are occasionally taken aback to find these departments closed, as occurred in 2021 when the law enforcement department in Al-Sadr City shuttered its doors for four months due to dampness in the employees’ room walls. During this time, women began queuing as early as 5 a.m., hoping that the department would reopen.
Similar incidents occurred two months ago at the Al-Zuhoor law enforcement department on the outskirts of Baghdad, which closed for two weeks for inventory purposes, as indicated by a sign posted on the department’s door.
This table shows the lawsuits that women face after divorce, their number, and their details:
Lawsuit | Number | Description |
Visitation or access rights from the father against the mother | 280 | Fathers filing lawsuits for visitation rights with their children but fail to commit to the scheduled visitation day. |
Child support | 265 | Fathers evading alimony payment through different methods mentioned in this report. |
Petition for guardianship, in an attempt by the mother to gain custody of the child | 50 | The father’s guardianship only terminates in the event of his death. |
Right to housing | 20 | This lawsuit is filed concurrently with the divorce petition, and it encompasses several conditions detailed in this report. |
Proof of custody to obtain official documents | 180 | When the father refuses to provide official documents for the child, the custodian (mother) can obtain these documents after initiating a custody proof lawsuit and demonstrating her custody of the child. However, this provision does not apply to obtaining a passport. |
Jummar has reached out to 15 Iraqi law firms based in Baghdad to gather information on legal cases encountered by women following divorce, dating back to at least the year 2023. Only five lawyers were able to provide us with details regarding the number and nature of cases they handled concerning challenges women encounter post-divorce.
Home confinement
“I invited my friends over for a small celebration after I finally obtained my son’s national ID,” says Suhair, reflecting on two years of struggle and negotiation with her ex-husband, who initially refused to cooperate in releasing their son’s official documents.
Since 2005, the Iraqi judiciary has followed a judicial custom, according to lawyer Jumaa, which grants a custodial mother the right to file a lawsuit to prove custody and obtain identification documents for her child as a means of facilitating her access to state services, with the exception of the issuance of a passport, according to Article 4 of the Passport Law No. 32 of 2015. This law prohibits the issuance of a travel document to individuals under the age of 18 years old unless their guardian, typically the father by default, is present. If the father is deceased, then the mother assumes the role of the official guardian.
“The law in Iraq does not consider the act of confiscating a child’s official documents by their father as a criminal offense,” says Jumaa, although Article 299 of the Penal Code stipulates a maximum penalty of two years for the crime of using official documents belonging to another person, whether they were held or used by someone else. However, the law does not typically apply to fathers confiscating their children’s documents, even if they are in the custody of the mother. This is because the judiciary system considers the father to be the official carer for his children. Therefore, when he takes their official documents or seizes them, it is not considered theft, according to legal experts.
The divorce battle has left Aseel emotionally drained, prompting her to concede all her rights in exchange for custody of her son. Aseel, along with her son and family, fled from Mosul to Baghdad in 2014 following the occupation of Nineveh by ISIS. Despite rebuilding her life, she felt confined as she couldn’t travel for work, tourism, or even medical purposes due to her son’s lack of a passport.
Aseel’s ex-husband immigrated to the United States of America without disclosing his address or issuing a travel document for their son because “he thought I would not allow him to be in touch with our son,” says Aseel.
The options presented to Aseel were stark, either falsely assert that her son suffers from mental health issues or procure a medical report affirming a medical illness to facilitate obtaining a passport for him. However, she adamantly refused both options as she was unable to reconcile with the notion of fabricating her son’s health condition or resorting to legal circumvention, as she expressed.
Aseel pursued guardianship of her son, yet encountered obstacles as outlined in Child Protection Law No. 78 of 1980, which typically denies such requests unless the father has passed away. “Alternatively,” elaborates Jumaa, referencing Articles 36 and 37 of the law, “guardianship may be considered when the child’s welfare clashes with that of the guardian, for instance, if the child requires travel due to a mental disorder and the guardian refuses, authority may revert to the mother. However, such decisions must undergo committee examination to substantiate the child’s mental impairment.”
Aseel’s determination to secure her son’s passport persisted until the October 2019 uprising. She then faced serious threats that endangered her life, compelling her to make a difficult decision and seek refuge in Turkey with her parents, who had already relocated there, while leaving her nine-year-old son in the care of her ex-husband’s family. “I was shattered during that period for leaving my son behind,” she reflects. “I returned to Baghdad a few months later, thinking that if I were to be killed, I’d at least be with my son.”
After seven years of divorce, Aseel finally obtained a passport for her son with the intervention of her ex-husband’s family, who came to realize the severity of the threats she faced. They convinced their son to grant her power of attorney to obtain the passport.
Fathers punishing divorced mothers.. through the law
After divorce, men, especially fathers, often employ various tactics to provoke their ex-wives through their children. These methods range from confiscating the child’s identification documents or refusing to issue passports to filing visitation lawsuits. According to Article 57 of the Personal Status Law, the father has the right to oversee the affairs of his children, including their upbringing and education, until they reach the age of ten. Lawyers Zainab Jawad and Mohammed Jumaa state that the judiciary system has interpreted visitation rights to allow the father to see the child once a week for six hours each time.
This was the case with Suha when her ex-husband filed a visitation lawsuit for their daughters but failed to attend for the past four months. Despite Suha and her daughters adhering to the weekly visits at the designated location set by the Personal Status Court in Babil to facilitate their interaction with the father, he consistently failed to show up.
“I wish you could see the visitation site, it is traumatizing for the kids. The place is old and dirty.”
Suha attempted to avoid taking her daughters to visit their father since he consistently failed to show up. However, he filed a lawsuit against her, leading to a six-month prison sentence, for which she posted bail. Now, she attends every week at the specified time. “I go and wait with my daughters for an hour and a half, but he never comes, and then we return.”
The mother may face consequences if she fails to comply with visitation orders at the designated time. As outlined in Article 238 of the Iraqi Penal Code, she could potentially be subject to imprisonment for a maximum of six months and a fine of not more than one hundred thousand Iraqi dinars, or one of these penalties.
“The law remains notably silent regarding any penalties imposed on fathers for repeated failure to attend visitation appointments, while exclusively penalizing mothers if they fail to bring the child for visitation,” lawyer Ali Al-Dayni points out. “There’s a pressing need for new legislation that imposes disciplinary measures on fathers who neglect their visitation responsibilities, as this failure represents a manipulation of legal obligations,” Al-Dayni stresses. “While as lawyers, we consistently advocate for legislative reforms or amendments, our efforts alone are insufficient. It ultimately falls upon the responsibility of the cabinet and parliament to enact such changes.”
Divorced mothers are always accused
The Supreme Judicial Council in Iraq recorded approximately 7,000 divorce cases in January 2024 alone. The Council had previously stated in August 2023 that about 235 divorce cases occur each day. However, there are no clear statistics on whether the divorced women are mothers or not, as stated by Murad Mahdi, the Ministry of Justice’s media director. “We do not have clear statistics on the number of divorced women who resort to the law enforcement departments,” Mahdi told Jummar. The Supreme Judicial Council did not provide numbers describing the types and forms of legal suits faced by women or filed against men after divorce, whether related to child support, custody claims, or other issues.
In 2023, only four lawsuits were filed by women demanding their housing rights following divorce, which legal experts, including lawyer Mohammed Jumaa, consider one of the most intricate issues concerning divorced women’s rights.
Housing Regulation No. 77 of 1983 stipulates the divorced woman’s entitlement to reside in the marital home for a duration of three years post-divorce, provided she resided separately prior to the divorce. According to lawyer Mohammed Al-Egaili, this provision is contingent upon her not having resided with her husband’s family prior to the divorce, and having her own distinct dwelling, whether an apartment, house, or independent unit not integrated into a larger household. However, if she lived with her in-laws and did not have a separate entrance, her right to housing would be forfeited after divorce.
If the wife does not claim her housing rights during the divorce proceedings and the divorce is finalized, her right to housing will be lost, as mentioned by Al-Egaili. He explains that the judge will not grant a housing decision on his own initiative unless requested by the woman.
Divorced women often face neglect, punishment, and ongoing judgment from society. Their actions are scrutinized, and they are frequently seen as ‘easy targets’.
Shahd, a divorced mother of two, recounts an unsettling experience when she was processing her daughters’ national IDs. The general overseeing the process approached her, offering assistance with the paperwork and requesting her contact information to keep her informed about the progress. However, instead of providing updates, he began messaging her, repeatedly asking her to join him for lunch.
Even within the confines of their homes, divorced women are subject to condemnation and accusations from their own families. Shahd reveals to Jummar, “I feel like I’m constantly walking on eggshells; it’s as if even my every breath is judged. My family criticize everything I do, and if I dare to speak up, they remind me, ‘You’re divorced, don’t bring shame upon us.’”
Suhair, amongst others, has also encountered a type of harassment from the notary while attempting to obtain documents for her child. “The notary himself, you could see in his eyes a look that almost implies: ‘You’re divorced, now free and available.’ It felt as though he was insinuating that I am promiscuous. His gaze was intrusive, it pierced my soul.”
But it wasn’t merely suggestive glances that Suhair encountered. She felt a sense of betrayal, punishment, and pity. “I came to understand after my divorce that the ordeal of being a single mother could be likened to ‘the penalty of motherhood.’ You’re penalized through your motherhood simply because you’re divorced. Each glance seems to carry a sense of pity for your divorce while still bearing the mantle of motherhood.”
Others don’t know the underlying reasons behind any divorce. “I sought a divorce because I was exhausted and spiritually drained. I became indifferent to the world and noticed myself projecting my marital issues onto my child. That’s why I opted for divorce; because I didn’t want to be a mother in that state.”
The primary obstacle confronting divorced women today, particularly mothers among them, lies in the antiquated legislation and the adherence to traditional, rigid implementation methods. The lack of rigor in enforcing judicial rulings and the absence of significant penalties for male transgressors, coupled with the manipulation and evasion of the law by many of them, collectively result in women bearing the aftermath of divorce and often lead to the deprivation of rights for many children.
Despite all, they stand strong
Despite these challenges, many divorced women continue their battle against a multitude of obstacles, including societal expectations, ex-spouses, legal and bureaucratic impediments, all in pursuit of securing their children’s rights and their own.
Suha, for instance, is currently pursuing studies in law, stating, “After all that I’ve endured, I aspire to become a lawyer to fight for my rights,” Simultaneously, she works as an employee in a tourism company and drives a university shuttle to ensure a respectable livelihood for her three daughters amidst delayed alimony payments.
As for Suhair, who is facing unemployment, she perceives her ex-husband’s refusal to provide child support as a challenge to her dignity, leaving her desperately in need of funds to meet her child’s necessities. She remarks, “If my son’s father persists in withholding child support, I may have to resort to homeschooling.” Suhair prefers to enroll her son in a private school rather than a public one, but her ex-husband’s failure to fulfill his alimony obligations forces her to contemplate a legal workaround, allowing her child to study from home and only attend public school during final and mid-term exams.
Aseel’s story concludes on a more positive note, as she triumphs in her battle to be reunited with her child, now sharing tales of her successes with him.
These women exemplify the struggles endured by countless divorced mothers as they navigate bureaucratic hurdles and legal battles in pursuit of their children’s rights, all while contending with societal prejudices and adversities.
- This report was done under the supervision of Sawsan Zaida