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Iraq-Jordan
Iraqi Shia leaders demand Islam be the source of law
2005-02-06
Iraq's Shia leader Grand Ayatollah Ali Al Sistani and another top cleric on Sunday staked out a demand that Islam be the sole source of legislation in the country's new constitution.

One cleric issued a statement setting out the position and the spiritual leader of Iraqi Shia made it known straight away that he backed demands for the Koran to be the reference point for legislation.

The national assembly formed after last month's historic elections is to oversee the drawing up of the new constitution.

The role of Islam has been at the heart of months of debate between rival parties and factions as well as the US-led occupation authority which administered Iraq until last June.

Sistani leads the five most important clerics, known as marja al-taqlid, or sources of emulation, who had portrayed a more moderate stance going into the election.

The surprise statement was released by Sheikh Ibrahim Ibrahimi, a representative of Grand Ayatollah Mohammad Ishaq al-Fayad, another of the marja.

"All of the ulema (clergy) and marja, and the majority of the Iraqi people, want the national assembly to make Islam the source of legislation in the permanent constitution and to reject any law that is contrary to Islam," said the statement.

A source close to Sistani announced soon after the release of the statement that the spiritual leader backed the demand.

"We advise the government not to take decisions which would shock Muslims, such as the conscription of Muslims and the publication of their photos with foreign instructors," said Ibrahimi.

"We warn officials against a separation of the state and religion, because this is completely rejected by the ulema and marja and we will accept no compromise on this question.

"If they (the government) want the stability and security of the country, they must not touch the country's Islamic values and traditions," the sheikh said.

The role of Islam was a particular sticking point when an interim constitution was drawn up under the US-led occupation.

After often acrimonious debate and the threat of a veto by US administrator Paul Bremer, the final version completed in March last year said that Islam should be "a source" of legislation.

No law that "contradicts the universally agreed tenets of Islam" would be accepted, said the final draft of the so-called "fundamental law".

Sistani and the other top clerics mainly live in the central holy city of Najaf.

On top of Sistani and Fayad, there are the ayatollahs Bashir al-Najafi and Mohammad Said Hakim. A fifth, Ayatollah Kazem al-Hairi, lives in Iran.
Posted by:tipper

#10  #3 Cyber Sarge: I presume you mean "rights of others to WORSHIP?"

#8 I hope and Sistani's backroom deals actually do work out for the public good. The comparision to the first Daley Regime gives me the willies: the ward heelers' inability to make real policy and their fudging the books and their neglect of minorities ruined Chicago's schools and played merry hell with the infrastructure.

The people the Iraqis elect need to learn how to run things properly really fast. I hope most Iraqis realize that whatever respect they may have for clerics, The Turbans probably don't know how to get the garbage picked up on time.
Posted by: mom   2005-02-06 9:14:45 PM  

#9  I heard that this was false. I heard that one of his aides came out and said that Sistani never said such a thing.
Posted by: JackAssFestival   2005-02-06 8:35:31 PM  

#8  To my mind, Sistani is the classic ward politico per Chicago : make a lot of noise for the press, and cut deals in the backroom. The noise is for public consumption and pressure on the other side, what is actually decided involves goodies all around : people get reconstruction contracts with built-in 1% "add-on" costs, family and supporters get jobs, services are provided with only a little padding of costs, and everyone gets something to take home to the voters.
Posted by: Shieldwolf   2005-02-06 2:12:43 PM  

#7  "The democratic give and take in Iraq is going to be very noisy and rude, sort of along Israeli lines, and is going to scare the bejabbers out of the MSM..."

I think it's gonna scare the bejabbers out of me, too. But I figure I've got no choice but to suck in my gut, grit my teeth and cross my fingers while watching the Iraqis try to make this thing work.

I sure as hell hope it does. Because if it doesn't, the consequences are too horrible to contemplate.
Posted by: Dave D.   2005-02-06 1:43:07 PM  

#6  Noise and invective are normal for young democracies. It's part of the people exploring their new freedom and its limits. Coupled, of course, with a culture drunk on words. Not to worry, they should calm down in a decade or two, just like the U.S. did back in the day. Actually, it's quite endearing that the Iraqis are so enthusiastic about the whole thing.
Posted by: trailing wife   2005-02-06 1:40:22 PM  

#5  Lol - my first take on this was to back off, go do something else for awhile and then come back to see if it still made me want to spit, heh. KhaleejTimes, of course, is pushing its agenda... Excellent commentary folks (Thx!) - puts this in perspective.
Posted by: .com   2005-02-06 1:16:35 PM  

#4  You don't usually start negotiations with your fall-back plan. (Unless a reporter publishes it first.)
Prediction: The democratic give and take in Iraq is going to be very noisy and rude, sort of along Israeli lines, and is going to scare the bejabbers out of the MSM who will regularly report that all parties are intransigent and the sky is falling. And the Iraqis will manage to back-room compromise their way along OK.
Posted by: James   2005-02-06 12:59:11 PM  

#3  Amen Tom, as long as the 'basis' of their laws respects the rights of other to whorship this should not be a problem. Sistani is not going to follow the Iranian model, he knows they are ripe for revolution from the younger crowd. It's only a matter of time until they have had enough and plunge the country into civil war. Sistani would face an instant civil war (by the Kurds and the Sunni) if he tried to install a Theocracy. But I bet the LLL and MSM are looking for any sign of a Mullacracy so they can yell "We told you so!"
Posted by: Cyber Sarge   2005-02-06 11:11:02 AM  

#2  I have no problem with their position as long as it is backed by the elected parliament and the heads of government continue to be chosen in fair elections. I sure wouldn't make that choice, but it is THEIR choice.
Posted by: Tom   2005-02-06 10:46:45 AM  

#1  I suspect that this is a "pro-forma" declaration. Sistani realizes that only a tiny minority, around 3%, want a religious government, but they could be really pestiferous if they want to be. So the solution is to eventually create "blue law" towns, much like what used to be in the US, where the retentives can go and there will be no alcohol, no prostitutes, etc. Then make it clear that they can have things their way if they live in Hickville, but if they try any nonsense in "the big city", they will get seven bells stomped out of them.
Posted by: Anonymoose   2005-02-06 10:39:02 AM  

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