Iraqi Draft Constitution's Compromise On Role Of Islam

A draft Constitution was submitted to the Iraqi National Assembly yesterday, but a vote on it was delayed by three days so that negotiators could try to obtain consensus on points that are still outstanding. CNN reported yesterday that the main outstanding issue relates to federalism, and that the parties have reached a compromise on the role of Islam in the state. However, a partial text of the proposed Constitution, published yesterday by the Associated Press, suggests that the compromise on religion was achieved by placing arguably inconsistent provisions in to the document. Chapter One, Article Two of the Constitution provides:

1. Islam is a main source for legislation.
- a. No law may contradict Islamic standards.
- b. No law may contradict democratic standards.
- c. No law may contradict the essential rights and freedoms mentioned in this constitution.

2. This constitution guarantees the Islamic identity of the Iraqi people and guarantees all religious rights; all persons are free within their ideology and the practice of their ideological practices.

3. Iraq is part of the Islamic world, and the Arabs are part of the Arab nation.

Then Chapter Two, Article 39 provides: "Iraqis are free to abide in their personal lives according to their religion, sects, beliefs or choice. This should be organized by law."

UPDATE: Here is an updated and expanded translation of the parts of the propposed Constitution relating to the role of Islam and religious freedom in Iraq.