Omar, of Iraq the Model, has posted his translation of key parts of the proposed Iraq constitution.
Omar is disturbed by certain of its provisions, and says he would vote “No” on it in its current form. But it really doesn’t look so bad.
Omar is troubled particularly by the document’s declaration that:
“Islam is the official religion of the state and it is the main source of legislations and it is not allowed to make laws that contradict the fundamental teachings of Islam and its rules (the ones agreed upon by all Muslims)….”
'The main source.’ One of the key phrases here is that Islam is “the main source” of legislation. The fact that it doesn’t say Islam is “the only source” of law gives the democratic government some flexibility.
The constitution also says the government must not make laws that “contradict the fundamental teachings of Islam and its rules (the ones agreed upon by all Muslims).” The key phrases here are “fundamental teachings of Islam,” and rules “agreed upon by all Muslims.” I’m not sure if this part is translated precisely, but I’ll assume it is. If so, the government has wide latitude in lawmaking.
Specific legislation is one thing. “Fundamental teachings” are another. In most cases, it can’t be impossible to fashion reasonable laws to fit into Islam’s fundamentals.
A few rigid rules. All Islamic rules are one thing. Rules “agreed upon by all Muslims” are a relatively small subset of Islamic rules. So again, how difficult could it be to write reasonably enlightened laws that don’t contradict the rules all Muslims agree on?
In the best of secular, democratic worlds, Iraq’s constitution would not declare Iraq an Islamic republic. But as long as the document does not turn over the constitutional interpretation of what is Islamic to unelected Islamic clerics, this system can work democratically.
Democratic Iraqis will be well served by this document as long as the Iraqi people have freedom of speech, freedom of the press, independent courts and, very important, regular free elections to replace representatives whose legislation and policies contradict the fundamental principles of the Iraqi people themselves.
Iran, the poor model. Iran, Iraq’s theocratic neighbor, declares itself an “Islamic republic.” But Iran’s constitution guarantees an Islamic dictatorship. In Iran, the mullahs of the Guardian Council apply their dictatorial interpretation of Islamic law on all Iranians. And the Supreme Leader, currently Ayatollah Ali Khamenei, is appointed for life. Iran elects a president for window dressing, but the Supreme Leader is the real ruler.
Iraq’s proposed constitution looks nothing like Iran’s disastrous document. Iraq is on the path to democracy.
Frank Warner
Update: According to Al-Jazeera, words in brackets (presumably the parentheses we see) in the draft constitution are words that face opposition on the drafting committee.
SEE ALSO: Full text of proposed Iraq Constitution.
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