Politicalities has a detailed look at the new Iraqi constitution.
Betsy's Page
He's done the analysis that I haven't seen much of elsewhere of looking at the constitution article by article. And, you know, it just doesn't sound that bad. For example, here is his take on the role of Islam.
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Article 2 establishes Islam as the state religion. I'm sure plenty of fights were picked about this. In this version, Islam is described as a basic source of legislation, not the basic source of legislation as the hardliners wanted. Interestingly, this is followed by three subarticles:
(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.
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Note the negative phrasing: No law can be passed. I seem to recall reading similar words elsewhere. This does not mean that sharia is coming to Iraq; the Constitution forbids the enaction of laws contrary to Islam, it does not mandate the passage of laws demanded by Islam. In fact, sharia is not coming to Iraq, since such a law would violate the rights and basic freedoms guaranteed elsewhere in the Constitution.
Note that phrase "undisputed rules of Islam." I would think that there are quite a few disputed laws of Islam. Wahhabi laws, for example, that don't recognize any other sect as the correct Islam. Well, those Wahhabi interpretations are out, under this classification.
Note the wording of Article Seven.
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Article (7):
1st -- Entities or trends that advocate, instigate, justify or propagate racism, terrorism, "takfir" (declaring someone an infidel), sectarian cleansing, are banned, especially the Saddamist Baath Party in Iraq and its symbols, under any name. It will be not be allowed to be part of the multilateral political system in Iraq, which should be defined according to the law.
2nd -- The state will be committing to fighting terrorism in all its forms and will work to prevent its territory from being a base or corridor or an arena for its (terrorism's) activities.
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"Takfir" has been the method by which the Wahhabis declare all other Muslim sects infidel and thus fair game for terrorism. That is significant that it is outlawed. I wish Saudia Arabia would do the same.
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