9 June 2017

 

The Finnish Immigration Service mentions in an April 2015 report that marriages between Sunnis and Shiites have been commonplace but during the civil war they were not accepted:

“Some Sunnis have experienced discrimination from Shiites living in the area. This mainly occurs in Shia-dominated residential areas and workplaces. Although it appears that Sunnis are being driven away from Shia-dominated districts, Sunnis continue to live in families where one of the spouses is Sunni and the other Shiite.

In Iraq, marriages between Sunnis and Shiites have been commonplace through the ages, but during the civil war mixed marriages were not accepted. At the moment, entering into a mixed marriage is somewhat challenging but still happens nonetheless.” (Finnish Immigration Service, 29 April 2015, p. 15)

The British embassy in Baghdad elaborates on mixed Sunni/Shia families and couples in a letter to the UK Home Office dated May 2011:

“We were told that there are no significant risks to mixed Sunni/Shia families and couples as opposed to those of the same religious affiliation. Marriages are possible through registration at a civil court ceremony without the requirement to provide evidence of one’s religious identity. We were told that a marriage certificate will indicate whether the ceremony was carried out in accordance with Sunni or Shia practise. Although records are not maintained, anecdotal evidence suggests that the number of such marriages is increasing. According to our contacts, there are a number of areas in Central Baghdad and other major cities where mixed Sunni and Shia families live together. It was explained however that this is not always the case in rural and tribal areas where mixed marriages are less common. In other areas, it may be possible for a Sunni man to marry a Shia lady but not vice-versa. In rural areas, a mixed marriage couple may also face security risks from groups such as al-Qa’ida and the Islamic State of Iraq occasionally as part of ongoing ‘Islamification’ activities. Mixed marriage couples in the Kurdistan Region face no problems or security risks. The Iraqi Government has welcomed mixed marriages and in 2006 introduced a scheme whereby Sunni and Shia couples were able claim US$2,000 once they were married. This scheme was introduced to help break down sectarian division. We were told by one interlocutor that this programme has since ended.” (UK Home Office, November 2015, p 126)

The British newspaper The Telegraph reports in August 2009 that a government programme encourages mixed Sunni/Shia couples to get married by funding their wedding. The article states that intersect marriages were very common before the war, but dropped off during the worst years of violence:

“Talib and his wife are among more than 1,700 newlywed couples who have accepted cash from a government program that encourages Sunnis and Shias to tie the knot. The government has held 15 mass weddings for inter-sect couples from all over Iraq, with the most recent taking place last month at a club in western Baghdad once used by Saddam Hussein's army. While the Iraqi government doesn't track marriages bridging the two major Muslim sects, experts say mixed couples are on the rebound after a dramatic decline during the days of heavy violence. The rise, or rather, the return of mixed marriages appears to be one more sign that Iraqi society is gradually recovering from the war, and that things are more peaceful than they have been in years. As security has improved, Iraqis are returning to their homes in mixed neighbourhoods and spending more time at offices, universities and other places where they meet their future spouses, said Shia cleric Sayyid Ahmed Hirz al-Yasiri. ‘There was a time when families were reluctant to consent to such marriages because of concerns created by certain conservative people from both sects,’ he said. ‘That is over now and things are getting back to normal, like they were before the fall of Baghdad. In the past two months, I married 40 to 50 Sunnis, including 20 mixed weddings.’

[…] Yet before the war, Sunnis and Shias mixed freely in Baghdad. Intersect marriages were very common; religious identity was less important than allegiance to Saddam Hussein. Hind Khalaf, an Iraqi women's activist, said mixed marriages never completely disappeared from society, but dropped off during the worst years of violence. ‘People were too afraid to lose their sons if they let them marry from the other sect,’ Khalaf said. ‘Things are gradually returning to normal.’ Violence between Shias and Sunnis has dropped sharply, but the intersect marriage program is going strong. […] To apply for the money, mixed couples write to Iraqi Vice President Tariq al-Hashemi's office with legal proof of their union. They are handed the cash in an envelope during a mass wedding celebration.” (The Telegraph, 6 August 2009)

The US newspaper USA Today also reports on the government programme to encourage intersect marriages in a November 2009 article:

“Iraqi Vice President Tariq al-Hashemi has an unusual proposal to mend some of Iraq's sectarian wounds: He offers mixed couples a $2,000 "gift" if they get married. Before the U.S. invasion, intermarriage between Shiites and Sunnis was fairly common. As sectarian fighting ripped apart the country, intermarriage became a rarity. Now that the security situation is relatively calm, the Iraqi government wants to nudge couples of mixed sects to get hitched, hoping that will repair the relationship between Iraq's majority Shiite and minority Sunni populations.

‘After 2006, we found that mixed marriages had stopped,’ said Raad Majeed Mohammed, an aide to al-Hashemi, a Sunni and one of Iraq's two vice presidents. ‘The idea behind this project is that promoting love and socializing between Iraq's people is good for the country.’ About a dozen mixed couples will take part in a mass wedding Friday and will receive their $2,000 gifts, Mohammed said. An additional 375 same-sect couples will join the celebration, but they'll receive $750, Mohammed said. The government wants to help those cash-strapped couples in getting their start, he said. Al-Hashemi has doled out cash gifts to dozens of mixed couples over the past year.” (USA Today, 23 November 2009)

In an article that was republished on the Islamic matchmaking site zawaj.com in August 2009, Ahmad Hassan, an Iraqi journalist and writer based in Baghdad, mentions that the “cultured Baghdadi youth” would still marry a person from the other sect. The article elaborates on different aspects of marriages between Sunni and Shia and quotes examples mainly from the educated layers of society:

“With the continuing sectarian strife in several areas of the Iraqi capital, one might be surprised to find that the cultured Baghdadi youth remain uninfluenced when it comes to marriage. Their choices can still include someone from a sect or ethnicity other than their own. Yes, it is true that Baghdad is divided between the two main sects: Sunni and Shiite. One will find neighborhoods that are either predominantly Sunni or predominantly Shi`ah. In areas where Sunni and Shiite intermingle, there are militias defending the major sect and they may try to obstruct the presence of families from the other sect. However, these militias never prevent marriages between young men and women who belong to differing sects or ethnicities. The main reason is that many Iraqi families are originally mixed families, and there are areas where sectarian and ethnic exclusivity is non-existent; this helps to bind all constituents of the Iraqi society together. Moreover, religious authorities, both Sunni and Shiite, do not ban mixed marriages.

[…] Despite the grave security situation in Baghdad, wedding ceremonies are still held, only with a slight modification in the timing of the ceremony. […] A judge at the Personal Status Court in Al-Karkh area, who refused to mention his name, said, ‘Among every 17 marriages that I sign on a daily basis, eight to ten are mixed marriages.’ ‘The families and relatives of the newlyweds are mostly educated people who do not see the sectarian or national differences as an obstacle to the happiness of their children.’ ‘There are Sunnis who marry Shiite and vice versa. There are fellow Turkmen who marry Kurds and Arabs and vice versa also.’ […] ‘I don’t recall that the security incidents negatively affect a large number of people who apply for marriage [certificates]. I think a 40 percent decrease is a fair enough comparison to the figures before the American invasion, because many of the youth have migrated, unemployment is now rampant, security is nonexistent, families are displaced, and heads of families are killed for reason of security or sectarian violence. Traditionally, the death of a relative prevents you from having a wedding party until a year has passed. All of this has directly and indirectly affected marriage in Iraq, especially in Baghdad.”

[…] One of the female Parliament members of the Iraqi Alliance List [an electoral coalition formed mainly from Shiite groups] is a Shiite who asked for her name not to be mentioned. She denied any significant effect of the sectarian strife on Shiite –Sunni marriages. ‘I’m from a strict Shiite family, but my brother is married to a Sunni, and although he was killed amid sectarian incidents, we married one of his daughters to a Sunni.’

MP Safiyyah Talib Al-Suhail, a member of the National Iraqi List headed by former prime minister Iyad Allawi, is proud to represent the Iraqi unity with all of its sects. She is married to former minister of human rights, Dr. Bukhtyar Muhammad Amin, a Kurdish Sunni. Her sister is also married to a Sunni and they have sons, daughters, and many grandchildren. I asked her, ‘In your view, is sectarianism an obstacle for youth on the road to marriage now?’ She replied, ‘The Bani Tamim tribe [to which she belongs] has Sunni moieties. They are a part of our origin and we can’t separate ourselves from them. That is why my father did not see this issue as prohibitive or faulty. He wanted tribal members to follow his example and to see the vision of one Iraq and that mixed marriages are harmless as long as the couples are understanding. Their life should be filled with love, and disagreements between sects and ethnicities should not be an obstacle in the way of love that bonds a husband and wife. Added to this, children would spread messages of interrelatedness and family ties between different tribes and ethnicities.’

After a peak of 16 during the time of the toppled regime, the percentage of Sunni-Shiite marriages may slightly decrease due to fears of failing to build a stable Iraqi family structure. But the Iraqi societal fabric remains well knitted even in the darkest of times.” (Hassan, 25 August 2009)

An October 2014 report by the Minority Rights Group International (MRGI) explains that the Personal Status Code of 1959 can apply Islamic Sharia principles to non-Muslim minorities and that the law allows Muslim men to marry non-Muslim women but prohibits the marriage of Muslim women to non-Muslim men:

“Despite the constitutional provision guaranteeing the right of minorities to their personal status, no separate personal codes have been recognised. The Personal Status Code of 1959 can therefore apply Islamic Sharia principles to non-Muslim minorities, violating their cultural and religious norms with regard to marriage, divorce and inheritance. The code allows Muslim men to marry non-Muslim women but prohibits the marriage of Muslim women to non-Muslim men. This has led many couples to marry in religious services without officially registering their marriage, which may prevent their children from receiving state-issued identification documents.

Minorities are also disadvantaged by the 1972 Law of Civil Affairs, which makes conversion of minors automatic if either parent converts to Islam, but prohibits Muslims from converting to any other faith. This means that children of converts to Christianity, for example, cannot be enrolled in Christian schools. The law particularly disadvantages girls whose parents converted to Islam when they were minors, because of the restrictions on Muslim women marrying non-Muslim men. An illustration of the negative consequences of this law is the case of three girls in Al-Hamdaniya who had been living their lives as Christians, only to discover when one of them tried to get married to a Christian man that they were registered as Muslims in the civil registry, and therefore prohibited from marrying spouses from other faiths. Many minority activists have been lobbying for a unified personal status law which would allow all citizens to choose their religion for themselves, as well as a civil marriage law which would allow adherents of all religious to decide on matters related to marriage and inheritance without regard to religion.” (MRGI, October 2014, p. 24)

The US Department of State (USDOS) states in its 2015 Report on International Religious Freedom that personal status courts are responsible for handling marriage, divorce and inheritance issues:

“All recognized religious groups have their own personal status courts which are responsible for handling marriage, divorce and inheritance issues. There are three diwans (chambers) responsible for administering matters for the recognized religious groups within the country: the Sunni Endowment Diwan, the Shia Endowment Diwan, and the Endowment of the Christians, Yezidi, and Sabaean-Mandaean Religions Diwan. These entities replace the former Ministry of Endowments and Religious Affairs, disbanded in 2003. The three endowments (waqfs) operate under the authority of the prime minister’s office to disburse government funds to maintain and protect religious facilities.” (USDOS, 10 August 2016, section II)

“The constitution guarantees citizens the right to choose which court (civil or religious) will adjudicate matters of personal status, including marriage, divorce, child custody, inheritance, endowments, and other personal matters. The law states civil courts must consult the religious authority of a non-Muslim party for its opinion under the applicable religious law and apply the religious authority’s opinion in court.” (USDOS, 10 August 2016, section II)

The UN High Commissioner for Refugees (UNHCR) notes in its 2005 country of origin information paper:

“Personal Status Courts have jurisdiction over matters relating to the personal status of Muslims, including family and inheritance cases. They apply the Personal Status Law (Law No. 188 of 1959), though they may refer to Sharia law if a legal question is not addressed by the law. The family matters of non-Muslims are adjudicated by the Personal Matters Court, which seeks advice from the relevant religious authorities. Decisions of the Magistrate’s Courts, the First Instance Courts and the Personal Status Courts can be appealed to the Governorate Court of Appeal (if the value of the claims is less than 1,000 ID) or the Court of Cassation (if the value of the claim exceeds 1,000 ID). Decisions of the Personal Matters Court have to be appealed directly to the Court of Cassation, irrespective of the amount involved. Also appeals of administrative disputes are sent directly to the Court of Cassation.” (UNHCR, October 2005, p. 122)

References: (all links accessed 9 June 2017)

·      Finnish Immigration Service: Security Situation in Baghdad - The Shia Militias, 29 April 2015
http://www.migri.fi/download/61225_Security_Situation_in_Baghdad_-_The_Shia_Militias_29.4.2015.pdf?01abe06266acd288

·      Hassan, Ahmad: Life Goes On: Mixed Sunni-Shi’ah Marriages in Iraq (republished from islamonline.net on zawaj.com), 25 August 2009
https://www.zawaj.com/life-goes-on-mixed-sunni-shiah-marriages-in-iraq/

·      MRGI - Minority Rights Group International: From Crisis to Catastrophe: the situation of minorities in Iraq, October 2014
http://www.ecoi.net/file_upload/1930_1414494869_mrg-ceasefire-report-iraq-2014.pdf

·      The Telegraph: Iraq gives cash bonuses to Shia and Sunni couples, 6 August 2009
http://www.telegraph.co.uk/news/worldnews/middleeast/iraq/5980637/Iraq-gives-cash-bonuses-to-Shia-and-Sunni-couples.html

·      UK Home Office: Country Information and Guidance Iraq: Internal relocation (including documentation and feasibility of return), November 2015 (available at ecoi.net)
http://www.ecoi.net/file_upload/1226_1448437152_iraq-cig-ir-nov-15.pdf

·      UNHCR - UN High Commissioner for Refugees: Country Of Origin Information Iraq, October 2005
http://www.unhcr.org/cgi-bin/texis/vtx/home/opendocPDFViewer.html?docid=4709f79a2&query=Iraq%20honor%20killings

·      USA Today: Iraq offers incentive to intermarry (authors: Ahmed Fadaam, Aamer Madhani), 23 November 2009
https://usatoday30.usatoday.com/news/world/iraq/2009-11-23-iraq-wed_N.htm

·      USDOS - US Department of State: 2015 Report on International Religious Freedom - Iraq, 10 August 2016 (available at ecoi.net)
http://www.ecoi.net/local_link/328414/455690_en.html