Monday, August 29, 2005

Iraqi Constitution

With the newly formed Iraqi Constitution slowly approaching the Oct 15 referendum date, now is a good time to look at this contentious document, which holds popular support among Iraq's Shi'ites and Kurds and is rejected by many Iraqi Sunnis.

The Iraqi Constitution has many components in the tradition of Western thought. The right to private property, the freedom of speech, and to a free and fair trial amongst others are basic tenets of our own constitution.

The problem with the constitution (for me at least) begins with Article 7:
A) Islam is the official religion of the State and is to be considered a source of legislation. No law that contradicts the universally agreed tenets of Islam, the principles of democracy, or the rights cited in Chapter Two of this Law may be enacted during the transitional period. This Law respects the Islamic identity of the majority of the Iraqi people and guarantees the full religious rights of all individuals to freedom of religious belief and practice.

Melding Democracy with Islam (or any religion for that matter) is bound to produce some contradictions. While it is true that for many Muslims, Islam and the state are inherently bound together, problems still exist in incorporating strict Islamic beliefs with a democratic government.

How can democracy and the "universally agreed tenets" of Islam coincide without contradicting each other? Do the "universally agreed tenets" mean just the Pillars of Islam (agreed upon by both Sunnis and Shi'ites), the use of the Qu'ran (revelations from God) as the sole source of Islamic law, or (along with the Qu'ran) the Hadith, which is Muhammad's teachings.

This is just one of the problems facing the new Iraqi government, can religion and democracy mix to form a government? I am not talking about just tolerence for religion, but the active incorporation of religious thought and doctrine with a democratic system of government. Time will tell.