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Updated:Tue. Mar. 21, 2006

 

Reshaping Iraq

Shari`ah’s Relevance in Future Iraq

By Firas Al-Atraqchi
Freelance Columnist
 

04/03/2004 

Paul Bremer said he would veto an Islamic constitution for Iraq .

Last week, two overlooked, if not ignored outright, developments in Iraqi politics gave one cause for concern. The first, perhaps the more important, concerns the question of Islamic Shari`ah Law’s relevance in a future Iraq. (The second was about Iraqi territorial claims on Kuwait and Jordan.)

On February 16, while touring a women’s center in the holy city of Karbala, Civilian Administrator L. Paul Bremer said he would overrule the wishes of some members of the Iraqi Governing Council and veto any move to base the Iraqi constitution on Shari`ah Law.

“Our position is clear,” he told reporters about a proposal to make Islam the principal source of Iraqi law. “It can't be law until I sign it.”

Republicans and neo-conservative supporters of the Bush administration applauded Bremer’s “principled” stance against Shari`ah Law - allegedly to protect the liberty, democracy, and human rights of women and “minorities.” Syndicated columnist Diane West recently wrote:

Equal rights before the law do not exist under Islamic law. One citizen, one vote does not exist under Islamic law. Freedom of worship does not exist under Islamic law. Minorities - that is, non-Muslims - enjoy rights and protections at the pleasure of the Muslim community that are ever-subject to the capriciousness of a rights-canceling fatwa. Indeed, Islamic law is not the basis of a religion, as the Judeo-Christian world understands religion, but is rather the basis of a controlling ideology that is nothing short of totalitarian.

Unfortunately, an ignorance of Islamic theology, jurisprudence, and law administration is prevalent in too many quarters of the world media to be deemed a forgivable oversight. Columnists and journalists take the easy approach of quoting one another and basing their research (or lack thereof) on the research (or lack thereof) of others. The source is hardly ever touched.

Does Shari`ah Law endorse inequality? Click here.

But Bremer may have stepped on a landmine in Iraq. To dismiss Shari`ah is to dismiss the Quran - the source of Shari`ah. To dismiss the Quran is to dismiss God - the source of the Quran. To dismiss God is to dismiss 23 million Iraqis. Ouch.

That’s why it wasn’t surprising that both Shiite and Sunni Islamic authorities joined forces and voiced their angry resistance to Bremer’s position.

Bremer’s statements also roused Ayatollah Al-Sistani who did agree to delay his call for direct elections but only if he receives United Nations assurances that they will be held by the end of 2004. In a rather more aggressive move, he vowed to forcibly remove US troops from Iraq if they did not withdraw by June 30, 2004.

Far more aggressive in his approach was young Shiite cleric Muqtada Sadr who used yesterday’s Friday sermon to rally support against the Americans: “America has come to harm Iraqis, but it must understand that it can never destroy Islam. I call on all believers to remain prepared, while awaiting orders from the Hawza [Shiite religious authority], to confront the occupation. I will follow this path even at the risk of being killed or arrested,” he vowed.

Ayatollah Al-Sistani, unlike Sadr, has been a source of stability and order in lawless Iraq. He is respected by Sunnis and Shiites alike and his vow not to follow the authoritarian Islamic governance of Iran has won him accolades from those who feared Iraq would be the next Iran.

The bottom line is that the US military needs Al-Sistani’s assistance to ensure that an Islamic revolution does not sweep through Iraq. In that light Bremer’s statements are nothing short of calamitous.

Personally, I couldn’t care less if Iraqis chose to follow the laws of the Quran or the writing on bubble gum wrapper. However, two things irk me. One, so-called journalists who never bother to do some fact-checking and would rather dictate to Muslims their understanding of Islam. And two, that democracy is incumbent upon, dependent upon, derived of, and sustained by the will of the people. If the will of the Iraqi people is Shari`ah Law then so let it be written, so let it be done.

It is rather poignant that the US is getting a lesson in democracy.

Firas Al-Atraqchi is a Canadian journalist of Iraqi heritage. Holding an MA in Journalism and Mass Communication, he has eleven years of experience covering Middle East issues, oil and gas markets, and the telecom industry. You can reach him at firascape@hotmail.com.


The articles posted on this page reflect solely the opinions of the authors.

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