Taxi fatwa prompts debate on women's freedom of movement

ERBIL, Kurdistan Region - A fatwa issued by a Kurdistan Region Islamic body earlier this week that decreed unaccompanied women should not take taxis driven by male drivers they don’t know has sparked social debate on women’s freedom of movement.

In a ruling dated December 4, the Supreme Fatwa Council of Kurdistan Union of Islamic Scholars gave its opinion on women taking taxis alone.

According to the fatwa, women can only take taxis if accompanied by someone they know, or if they travel in a group. Unaccompanied women are permitted to take taxis if driven by women, or if they know and trust the male driver.

The Council claimed its fatwa is to “preserve high Muslim morals, beautiful Kurdish traditions, and to avoid this permissible profession [taxi driving] being exploited by some irresponsible individuals.”

“Whenever the woman, the driver, or both fear falling into the trap of sin and irreligious acts for whatever reason, then the woman, even after getting into the car, should get out, or the driver should ask her to get out. If the woman doesn’t leave, then the driver should get out of the car and not drive her,” the fatwa ruled.

Although issued by an official body, the fatwa is not legally binding.

Adherence to the fatwa on these terms would heavily constrain women’s movement in the Region, where a public transport infrastructure is near inexistent and there are few alternative means of transport available.

‘Defenders of women’s rights’ against the fatwa

Niyaz Abdullah is a journalist, activist and member of the Azabwn (Liberation) Organization. Azabwn are inviting women’s councils, civil society organizations, the KRG’s head of gender affairs, and MPs from Iraqi and Kurdistan parliament to take “a unified stance as defenders of women’s rights,” she told Rudaw English on Sunday evening.

The organization hosted a Monday meeting to discuss the steps it could take to fight the fatwa.

Its main demand is for the Council to withdraw its ruling.

“The aim is to fully and officially reject this fatwa,” she said. “We believe this fatwa is incompatible with the Iraqi constitution, which stipulates equality between women and men.”

The fatwa also violates international law and local laws, Abdullah said, adding that Azabwn are even considering a lawsuit against the Council.

“Irreligious, criminal, and social crimes” on the up

The Fatwa Council said it issued its ruling “due to an increase in irreligious, criminal, and social crimes.”

Activists, lawyers and government officials have been warning of a rise in incidences of sexual violence by taxi drivers. Female passengers have been subject to sexual assault, abduction, and even rape – once conducted at gunpoint. 

However, Abdullah argues that the solution is not to restrict women’s movement, or to vilify all taxi drivers. She believes the onus should instead fall on the Region’s institutions of law and order.

“We believe that it is the job of security agencies and courts to provide the atmosphere to prevent violations against women,” Abdullah said.

In response to incidences of sexual violence in taxis, various Kurdistan Regional Government (KRG) ministries have launched measures aimed at improving taxi passenger safety.

As part of the Ministry of Transport and Communication’s Taxi Service Organization project, the KRG’s Department of Information Technology has already begun registering taxi drivers under a biometric system. 

In January, the interior ministry introduced regulations that were to ensure all taxis displayed both their personal information and emergency contact details in their vehicles. All taxi drivers were to register with the Transport Labourers Syndicate and obtain security authorization. 

Drivers were supposed to adhere to the regulations by June. While some taxis now display the required information, it is far from universally applied.

Public opinion split

News of the fatwa has polarized public opinion.

Rudaw conducted a social media poll regarding the fatwa on December 6. Collating over 30,000 votes by Sunday night, 51 percent of respondents said they supported the fatwa.

“The fatwa is right and appropriate, but I won’t be exercising it. Don’t reject something that is sound and right,” read a comment left by Sahngar J. Salih on Rudaw’s poll.

Salih conceded the fatwa may not always be applicable for women travelers.

“You don’t always have someone accompanying you when you go out. You then have no choice but to take a taxi alone,” she said.

Some voters proposed women be provided with their own, private means of transport.

“I suggest the Ministry of Endowment [and Religious Affairs of KRG] allocate one car per every girl. By Allah no woman will alone hop into any taxi again,” Facebook user Zhalla Sidqe said.

Other commenters believe that relative to other issues plaguing Kurdish society, the issue of women taking taxis is trivial.

“There were no other worries and problems in Kurdistan for the Union to take issue with besides taxis?” Rebaz Wahid commented.

“80 percent of customers are women”

Rudaw English asked Kurdistan Region taxi drivers about the fatwa.

Sarhad Karim, a taxi driver from Qushtapa, Erbil province, is in favor of the ruling.

"There are good and bad people from both genders. I think this fatwa is very good because it is protecting the honor of both sides and preventing them from falling into sin," Karim said.

Awat Majeed, 27 expressed support for the fatwa, saying the number of "bad taxi drivers is rising, and measures do need to be taken against them."

"Any fatwa issued on Islamic foundations to avoid sexual harassment in the society should be supported and implemented," he added.

Taxi driver Ali Ahmed, 41, says he provides for six people with his income. He slammed the fatwa, saying adherence to it would be financially damaging not just for taxi drivers, but those who rely on its income.

"Look, 80 percent of my customers are women on a daily basis. I am sure this fatwa will harm my business," Ahmed lamented.

"Women must be allowed to practice their personal freedoms. I do not even care if women hop into the front seat of my taxi."

Ahmed mirrored comments about the fatwa casting all taxi drivers with the same brush.

"This fatwa insults men and tarnishes their image in the eyes of society," Ahmed said, "because this fatwa is implemented against all drivers.”

"There are 43,000 taxis in Erbil, as far as I know. And each taxi is the source of income for five people. With just one fatwa, all these people are affected," he added.

Ali says the KRG’s recent regulations are enough to stop sexual assault against women passengers.

"I do not think there is a taxi driver who did not want to comply with these regulations," he said.

For Azabwn’s Abdullah, the fatwa speaks to a wider mission by the Council to limit civil freedoms.

“What does the Fatwa Council want besides sedition in the society?” she asked.

“A Council cannot tell five million people in this Region how to lead their lives.”

Additional reporting by Zhelwan Z. Wali