Iraqi constitution: Islam

Posted on July 4, 2005 by Sappho

In 2004 Interim con­sti­tu­tion, Paul Bre­mer rejected Islam as a source of law in the Iraqi con­sti­tu­tion [Link]but he didn’t mind using the text in the con­sti­tu­tion [look below].

We already had some prob­lems in Iraq because of the asso­ci­a­tion of Islam in the con­sti­tu­tion (i.e. mar­riage between dif­fer­ent reli­gions), using Islam as a source of law will cre­ate much more prob­lems and I want to add that Islam is the not the per­fect source because it’s vio­late the human rights dec­la­ra­tion but this will be another post.

Lebanon is the only Arab coun­try that doesn’t men­tion any reli­gion as the offi­cial reli­gion of the state and this will be our best choice.

1925
Arti­cle 13

Islam is the offi­cial reli­gion of the State.

1990
Arti­cle 4

Islam is the reli­gion of the state.

2004
Arti­cle 7

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.

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One Response to Iraqi constitution: Islam

  1. Mirco says:
    July 5, 2005 at 18:38

    I say that from 1925 to 2004 the word­ing of this is always worse.
    1925 (offi­cial reli­gion) -> other can exist. Islam is for offi­cial cer­e­monies.
    1990 (reli­gion of the state) -> The state bow to the Islam
    2004 the state bow to thew Islam and cas­trate its free­dom to legislate.

    Use the USA Con­sti­tu­tion as a model.
    If you want, name God as the giver of the rights no one, never, no mat­ter the major­ity, have the right to take from you; but never spell out any reli­gion name.

    Spell out what the state can not do, and never must do.
    Spell out that all rights are of the peo­ple, apart what is clearly given to the state from the peo­ple.
    Spell out that the state and the gov­ern­ment is from the peo­ple, by the peo­ple, for the peo­ple. And noth­ing else can give the gov­ern­ment true legitimacy.