IRAQ CONSTITUTION IN FULL - Translated by AP

[grahamhgreen]

http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/24_08_05_constit.pdf

Article (2), Section (a) - "No law can be passed that contradicts the undisputed rules of Islam"

(This means that converting to Christianity from Islam is punishable by death, as it is in Afghanistan.

Adultery is punishable by death, and is defined as a married woman being in the presense of a male who is not a family member.

Oh yeah, and marrying a 9 year-old is OK, because Muhammed had a 9 year-old wife.

ETC.

GWB, bringing repression to the mideast...)

[mattclearing]

1. But later, it says no discrimination on basis of religion.

:wtf:

[bpilgrim]

2. looks very religious to me... "sectarian oppression of the majority"

"despotic band's sectarian oppression of the majority;"

CHAPTER ONE: BASIC PRINCIPLES

Article (1): The Republic of Iraq is an independent, sovereign nation, and the system of rule in it is a democratic, federal, representative (parliamentary) republic.

Article (2): 1st - Islam is the official religion of the state and is a basic source of legislation:

(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.

2nd - This constitution guarantees the Islamic identity of the majority of the Iraqi people and the full religious rights for all individuals and the freedom of creed and religious practices.

peace

[bpilgrim]

12. here is an HTML ver. --------- ----------- ---------- > LINK

http://news.globalfreepress.com/iraq/constitution/

peace

[aresef]

3. Freedom on the march indeed.......

-___-

[NNN0LHI]

4. New Iraqi constitution looks like the rules from Fight Club

http://www.suntimes.com/output/pickett/cst-nws-pickett26.html

Lack of detail bedevils Iraq's new constitution

<snip>Guaranteed, unless it isn't

Things just get more complicated from there, as the constitution goes on to list some of the rights and freedoms that are "guaranteed" to Iraqi citizens.

Article 17 says that each person has the right to privacy "as long as it does not violate the rights of others or general morality."

And, similarly, Article 36 guarantees freedom of expression, assembly, protest and the press, "as long as {this freedom} does not violate public order and morality."

There's no mention of how morality should be defined, but, if you check out the writings of the senior Shia cleric in Iraq, Grand Ayatollah Ali Sistani, it becomes clear that, for many of our, ahem, democratic allies in Iraq, morality has a certain know-it-when-I-see-it quality. According to Sistani, chess and backgammon are unquestionably sinful, as is playing the lottery and maintaining a friendship with a member of the opposite sex, while birth control, betting on horses and drinking nonalcoholic beer are all totally OK, as is plastic surgery.

Open, unless they're secret

Article 19 says that Iraqi court sessions will be open "unless the court decides to make them secret." Which, when you get down to it, is not exactly ironclad protection against a tyrannical regime of secret laws and secret courts.

[noshenanigans]

5. What-what-what?

I'd have something witty to say if I weren't completey gobsmacked. We really created a big mess that is going to (already has) kill so many people. Because "they" (whoever "they" are) hate our freedom! And we're fighting them there so they don't come here!

Seriously, though, I can't imagine what the next 10-20 years there are going to be like.

[lala_rawraw]

6. Perhaps Dickerson helped in the translating n/t

[Az_lefty]

7. Islam trumps everything...Theocracy

the chimp is trying to spin this womens rights stuff, but it's not in the cards. Thanks dumbson for creating another theocracy in the Middle East.

[rocktivity]

8. If there's no separation of church and state, it's not a constitution.

And it's definitely not a democratic republic. Bush's mission in Iraq is now officially a miserable failure.

:headbang:
rocknation

[rayofreason]

22. Separation of church and state?

Like in the UK?

[rocktivity]

25. I admit that I got a New York City public school education

but if I recall correctly, the separation of the UK's church and state was also rather difficult.

:headbang:
rocknation

[JoFerret]

26. Not seperate

....but no theocracy either.

[indepat]

9. We can take great comfort in having brought liberty, freedom, and

democracy to the Iraqi people and at such a bargain-basement cost in treasure, lives, limbs, and brains and other vital organs.
:sarcasm: to the 100th power times 100

[noshenanigans]

10. no intervention?

"Article (8): Iraq shall abide by the principles of good neighbourliness and by not intervening in the internal affairs of the other countries, and it shall seek to peacefully resolve conflicts and shall establish its relations on the basis of shared interests and similar treatment and shall respect its international obligations."

Boy, sure wish we had some of that.

[Roland99]

11. Text format with some key portions bolded:

http://www.conjur.com/blog/2005/08/26/full-text-of-proposed-iraqi-constitution/

[rocktivity]

13. DING DING DING! Grahamhgreen, you're our grand prize winner!

Article (2), Section (a) - "No law can be passed that contradicts the undisputed rules of Islam."

How brilliantly astute of you to post the only line in the Iraqi constitution that matters. Nothing else in it is worth the paper it's written on if it can be made to look like it's "contradict(ing) the undisputed rules of Islam." By the way, does Islam have "disupted" rules?

:headbang:
rocknation

[noshenanigans]

18. that's what I just cant get-

"Article (14): Iraqis are equal before the law without discrimination because of sex, ethnicity, nationality, origin, colour, religion, sect, belief, opinion or social or economic status."

But... if there's an offical religion, how could there *not* be descrimination? If you break a religious law and are federally (rebubically? whatever) punished for it even though you aren't of that religion..

Ugh. These poor, poor people.

[sofa king]

23. What a brilliant dodge

When it comes down to testing this Constitution, should it ever actually be observed, it's going to be shake out just like Isaac Asimov's three laws of robotics.

(Said Asimov:

First Law:
A robot may not injure a human being, or, through inaction, allow a human being to come to harm.

Second Law:
A robot must obey orders given it by human beings, except where such orders would conflict with the First Law.

Third Law:
A robot must protect its own existence as long as such protection does not conflict with the First or Second Law.)

Thanks to clause 2(a), I think it's possible that virtually anything that follows it can be declared null and void. If it ever comes down to a question of, say, women's rights or religion, women are going to lose every time, because I think the "rules of Islam" are pretty clear on a woman's subservient place.

As far as what rules of Islam are disputed and which ones are not, well, you're going to need someone who knows better than I, but I suspect I have an idea.

The teachings of Muhammad collected in the Koran are probably "undisputed." However, Muhammad's life was closely observed, and an equally large body of teachings about the way he lived his life are recorded by various contemporary observers in a work collectively known as the Sunnah (there is a similar term called the Hadith, but I don't think they're exactly the same). Together, the Koran and the Sunnah are the basis of Islamic law, and in that respect they are inseparable.

But the Sunnah is open to interpretation, and I find this to be one of the most confusing and unpredictable things about Islam in general. If you are a religious leader--or a group of leaders--and you demonstrate that you have the clout by studying hard, living piously, and most importantly, influencing others, you can issue your own legal proclamation (fatwah) based on your expert interpretation of the Koran and the Sunnah.

This, as I understand it, is one big reason why Osama bin Laden is such a pain in the ass. He is, reportedly, an excellent and devoted scholar and pious beyond reproach. All the awful shit he's done is awful to us infidels, but to certain Muslims, he's following the laws of Islam to the letter, as it he makes it up--I mean, as it is revealed to him.

[grahamhgreen]

29. Agreed

That's the crux of it - all laws may now be decided by unelected clerics interpretation of Islamic law which is infinitely maleable.

EXACTLY, the type of system that Osama and the Wahabbi's advocate.

This makes me re-examine the Bush - Bin Laden connection. After all, there is more factual evidence connecting the Bush family to the Bin Laden family than there is evidence linking Saddam to Bin Laden. But I don't like to speculate.

The real tragedy is for the Iraqi people, many of whom were hoping for a n end to repression.

And for the American soldiers who died "defending freedom".

How many more Americans should die in order to set up an Islamic republic in Iraq?

[Secular Agent Man]

14. Anyone who died fighting for that hogswallop of a document

needs to get a Darwin Award. Sorry if that offends anyone.

[Ruby Romaine]

15. my favorite

Article (71): The president of the republic enjoys the following powers:
(a) issuing special amnesty, upon a recommendation from the prime
minister, to pardon those convicted in international crimes, terrorism,
financial or administrative corruption or crimes against personal rights.

[noshenanigans]

16. I'd say "enjoy" is indeed the right word... n/t

[bpilgrim]

17. 'TERRORISM' - they even got TERRORISM in their constitution :faint:

:crazy:

peace

[Streetdoc270]

19. Can we add this one to ours?

Article (30): 1st - The state guarantees social and health insurance, the basics for a free and honourable life for the individual and the family - especially children and women - and works to protect them from illiteracy, fear and poverty and provides them with housing and the means to rehabilitate and take care of them. This shall be regulated by law.



Article (31): 1st - Every Iraqi has the right to health service, and the state is in charge of public health and guarantees the means of protection and treatment by building different kinds of hospitals and health institutions.

2nd - Individuals and associations have the right to build hospitals, dispensaries or private clinics under the supervision of the state. This shall be regulated by law.

[AlamoDemoc]

20. This article caught my eye

Article (151): A proportion of no less than 25 percent of the seats in the Council of Representatives is specified for the participation of women.

[noshenanigans]

21. the morality clause

"Article (36): The state guarantees, as long as it does not violate public order and morality: 1st - the freedom of expressing opinion by all means. 2nd - the freedom of press, publishing, media and distribution. 3rd - freedom of assembly and peaceful protest will be organized by law."

There are a few places where it guarantees rights as long as it does not "violate morality". That's what I think the Freepers would love to add to our first amendment. You have the freedom speech, press, and assembly! To a point, of course. *shiver*

[Sgent]

24. Two additional major issues

1) I couldn't find where this constitution could be ammended (big mistake IMHO).

2) There is no provision which applies the "federal" constitution to the individual regional governments.

[jjmalonejr]

27. Regarding amendment...

FIRST: FINAL GUIDELINES
Article (136): 1st - The president of the republic and the Cabinet together, or one- fifth of the members of the Council of Representatives, can suggest amending the constitution.
2nd - The basic principles of the constitution mentioned in Chapter One of this constitution cannot be amended, except after two consecutive parliament cycles and based on the consent of two-thirds of the members of the Council of Representatives, a public referendum and the endorsement of the president of the republic within seven days.
3rd - Other items not covered by the 2nd clause of this article can only amended by two-thirds of the members of the Council of Representatives, the consent of the people in a general referendum and the endorsement of the
president within seven days.
4th - No amendment is allowed that lessens the powers of the regions that are not among the exclusive powers of the federal authority, except with the agreement of the legislative council of the concerned region and the consent
of a majority of its population in a general referendum.
5th - An amendment is considered in effect upon the date of its publication in the official gazette.

[Zhade]

28. Yay for spreading theocracy and fiefdoms!

Wait...

[liberaliraqvet26]

30. SOME FREEDOM...

this might even piss off the fundies