And notices the "One Nation Under God" clause...
Beginning with the first chapter, Basic Principles, there are several interesting articles. Article (2) seems to be the biggest concern for journalists and analysts abroad. It states:
Article (2):
1.. Islam is the official religion of the state and is a basic source of legislation, and no law that contradicts its fixed principles and rules may be passed.
2.. No law can be passed that contradicts the principles of democracy, or the rights and basic freedoms outlined in this constitution.
3.. The constitution respects the Islamic identity of the majority of the Iraqi people, and guarantees the full religious rights for all individuals and the freedom of creed and religious practices.
Now, I’m a practicing Muslim female. I believe in the principles and rules of Islam I practice- otherwise I wouldn’t be practicing them. The problem is not with Islam, the problem is with the dozens of interpretations of Islamic rules and principles. Islam is like any other religion in that its holy book and various teachings may be interpreted in different ways. In Iraq we see this firsthand because we have ample example of varying Islamic interpretations from two neighbors- Iran and Saudi Arabia. Who will decide which religious rules and principles are the ones that shouldn’t be contradicted by the constitution?
In the old constitution that was being used up until the war, the ‘Temporary Constitution’ of 1970 which came into implementation on the 16th of July, 1970, the only reference to Islam is in Article (4) which simply states: “Islam is the religion of the state.” There is nothing about its role in the constitution.
In one version of the constitution printed in some newspapers in August was another potentially problematic article in the first chapter. It was numbered Article (12). As far as I can tell, it isn’t in the English version of the constitution- and has possibly been lifted from the final version. Article (12) states (and please excuse the translation):
Article (12): The religious Marja’ia is respected for its spiritual role and it is a prominent religious symbol on the national and Islamic fronts; and the state cannot tamper with its private affairs.
Marja’ia in Arabic means ‘reference’. Basically, this article discusses the ‘religious reference’ which should mean, I suppose, any religious Marja’ia in Iraq. However, in Iraq, any time the word Marja’ia is used, it is in direct allusion to the Shia religious figures like Sistani and the other Marja’ia figures in Najaf and Karbala.
Why is it that the state can have no influence on the Marja’ia but there is no clause saying that, in return, the Marja’ia cannot tamper in matters of state or constitution? The Marja’ia has influence over the lives of millions of Iraqis (and millions of Muslims worldwide, for that matter). The laws of the Marja’ia for some supersede the laws of state. For example, if the Marja’ia declares the religiously acceptable marrying age to be 10 and the state declares the legal age to be 18, won’t that be unconstitutional? The state cannot pass laws that do not agree with the basic principles and rules of Islam and for millions, the Marja’ia sets those rules.
The most interesting article in Chapter 1, however, was in the first draft of the constitution published on August 22 by some newspapers but it isn’t in the final draft (at least it’s not in the New York Times English version). It is numbered Article (16), in the version of the draft constitution it appeared in:
Article (16):
1.. It is forbidden for Iraq to be used as a base or corridor for foreign troops.
2.. It is forbidden to have foreign military bases in Iraq.
3.. The National Assembly can, when necessary, and with a majority of two thirds of its members, allow what is mentioned in 1 and 2 of this article.
This one is amusing because in the first two parts of the article, foreign troops are forbidden and then in the third, they’re kind of allowed… well sometimes- when the puppets deem it necessary (to keep them in power).
More >> http://riverbendblog.blogspot.com/2005_09_01_riverbendblog_archive.html#112691250348607469