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U.S.-Picked Iraqi Council Agrees Temporary Constitution

The agreement was preceded by two days of wrangling (AFP)

BAGHDAD, March 1 (IslamOnline.net & News Agencies) – Iraq's U.S.-appointed Governing Council Monday, March 1, reached agreement on the draft of a temporary national constitution.

The draft charter recognizes Islam as a source of the legislation rather than the only source, and stipulates that no laws will be passed against this religion, the BBC correspondent said on air from Baghdad.

The document - called the transitional administrative law - will apply only until an elected government is in place, BBC reported.

It came after a few days of wrangling over such issues as the Islamic law, the status of Kurdish areas and women's rights.

The council missed a deadline for laying down the draft two days ago, raising speculations of wide disagreement among the members.

The draft document is not expected to be signed until Wednesday, March 3, after the end of the Shiite religious holiday of Ashura.

'Classic Compromise'

Participants in the talks said the law recognized Islam as Iraq's official religion and said it would be a source of legislation but not the primary source, as had been demanded by some Shiite Muslims, the sect that makes up 60 percent of Iraq's population.

A spokesman for Council member Ahmed Chalabi claimed that there was agreement among all Council members that Iraq would not be an Islamic state.

"The language was put in such a way not to offend the Islamic identity of most of the people but nor to offend the other side and give the impression that's an Islamic state," Entifadh Qanbar said.

Qanbar said a lot of "creativity and alternative" language had been used to be enable a consensus to be reached.

The BBC correspondent called this agreement a "classic compromise", given the disagreements that marked the council's meetings and U.S. insistence that Islam should not be the main source of legislation.

U.S. administrator in Iraq Paul Bremer must approve the final document, much to the consternation of many Iraqis hoping an end to occupation of their oil-rich country.

Bremer said Monday, February 16, he will not allow Islam to be the main source of law in Iraq, warning that he could veto the country's temporary constitution if it did not fit the "American vision" of democracy.

"Our position is clear, and the text that is in there now is as I say. It can't become law until I sign it," Washington’s strong man has said during a visit to a women's center in Karbala.

During discussions on Friday, February 27, several Shiite members of the Council walked out, angered by the cancellation of a previous ruling that would have made divorce and inheritance subject to the rulings of religious law, according to Reuters.

Federal State

Qanbar said although in principle the draft accepted the concept of a federal state, the question of self-rule for the Kurdish minority would only be decided finally by a future elected national assembly.

The draft agreement had also set aside 25% of the seats in the provisional legislature for women, he added.

IGC members and U.S. occupation officials say the interim constitution may end up offering general guidelines, but leave the details on the biggest and thorniest issues for the writers of a permanent charter, the BBC News Online said.

That is meant to be drafted by an elected assembly which should suit the majority Shiite community.

The document said that elections should be held by late 2004 or early 2005. The U.S.'s initial plan was for elections by the end of 2005.

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