Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: TomasUSMC
The history of the last 1000 years of Islam is proof enough for me that the above will be used by the hard core moslem, of which the shiites are, to veto all the rest of the constitution that you posted.

If you notice in Article 2, there are two other conditions that must be met equally in addition to Islam, i.e., (b) No law can be passed that contradicts the principles of democracy and (c) No law can be passed that contradicts the rights and basic freedoms outlined in this constitution.

Of course, if the Shia ignore the provisions of the constitution, which has been approved by 78% of the people and a higher percentage of Shia, then all bets are off. They can't veto the constitution. They can amend it or abolish it.

What if the Shiite Iraqi PM (60 percent of Iraq is Shiite) does as he has promised and establishes Sharia Law?

a) No law can be passed that contradicts the undisputed rules of Islam.

(b) No law can be passed that contradicts the principles of democracy.

(c) No law can be passed that contradicts the rights and basic freedoms outlined in this constitution.

Article (13):

1st -- This constitution shall be considered as the supreme and highest law in Iraq. It shall be binding throughout the whole country without exceptions.

2nd -- No law that contradicts this constitution shall be passed; any passage in the regional constitutions and any other legal passages that contradict this constitution shall be considered null.

If the Constitution has any meaning, then the rights and basic freedoms outlined in the document prevail if there are any conflicts with Sharia Law.

Article (14): Iraqis are equal before the law without discrimination because of sex... .?

...ethnicity, nationality, origin, color, religion, sect, belief, opinion or social or economic status.

What's the question? The constitution protects the rights of women. In fact, it [Articel 151] states that, "A proportion of no less than 25 percent of the seats in the Council of Representatives [Legislature] is specified for the participation of women.

Based on your questions I don't think you have read the Constitution. You don't seem to appreciate the significance of its adoption, which required close to 9 million Iraqis to brave the threat of death or injury in order to vote. They seem to believe that it is an important document that has some meaning and influence for their future.

I believe in giving freedom to the people - but it must be real freedom, not Islam, at least IMO, Real freedom does not exist under Islam.

Without knowing your definition of real freedom, I can only respond by saying that countries like Indonesia (the world's largest Muslim country), Malaysia, and Turkey are democracies, however imperfect. Tunisia is fairly democratic having emerged from the days of Habib BOURGUIBA's one-party state. The Islamic fundamentalist party is outlawed.

136 posted on 10/27/2005 8:57:04 PM PDT by kabar
[ Post Reply | Private Reply | To 133 | View Replies ]


To: kabar
Of course, if the Shia ignore the provisions of the constitution


Thank you for your reply. Yes I do believe the Shia will ignore the provisions of the constitution, but they will do it under the guise that anything THEY disagree with will be something that contradicts THEIR view of Islam.

And since they are 60 percent of the population, and have a Shiite Prime Minister, why shouldn't there be a high probability that they will get what they want?

I have looked at the entire constitution. I would like to point out the articles 84 -90. Do you see the part about....

(((Higher Juridical Council Article 87: The Higher Juridical Council shall oversee the affairs of the Judicial Committees. The law shall specify the method of its establishment, its authorities, and the rules of its operation.

Article 88: The Higher Juridical Council shall exercise the following authorities: First: To manage the affairs of the Judiciary and supervise the Federal Judiciary.

Second: To nominate the Chief Justice and members of the Federal Court of Cassation, the Chief Public Prosecutor, the Chief Justice of the Judiciary Oversight Commission and present them to the Council of Representatives to approve their appointment.)))

What will the Higher Judicial Council be? Whatever or whoever they are, will APPOINT the Chief Justice of the Iraqi Supreme Court. Will they be mullahs?

AND...

(((Federal Supreme Court Article 89: First: The Federal Supreme Court is an independent judicial body, financially and administratively.

Second: The Federal Supreme Court shall be made up of number of judges,>>>>>>>> and experts in Islamic jurisprudence<<<<<<< and law experts whose number, the method of their selection and the work of the court shall be determined by a law enacted by a two-third majority of the members of the Council of Representatives.)))

and experts in Islamic jurisprudence? This is, or should I say, is this? More evidence of Islamic mullahs controlling the constitution to some extent as they now do in Iran?

You see, American troops and citizens have given Freedom to the Iraqi people. If it wasn't for the United States desire to spare civilians, if it wasn't for the desire of America to give to Iraq, and not take from Iraq oil nor soil, just the bodies of our heroes, Iraq would still be enslaved by Saddam.

We are continuing to pay for it in billions and blood. Why should we accept delivery of second rate Freedoms when we are truly paying the highest prices.

I am not expecting the outlawing of Islam in Iraq. But, after 9/11, I am expecting it NOT to be cemented as a cornerstone in their constitution .. or as it says

Islam is the official religion of the State and it is a fundamental source of legislation

Fight for Freedom Yes .... for Islam NO.
137 posted on 10/27/2005 10:13:59 PM PDT by TomasUSMC (FIGHT LIKE WW2, FINISH LIKE WW2. FIGHT LIKE NAM, FINISH LIKE NAM.)
[ Post Reply | Private Reply | To 136 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson