INTERIM CONSTITUTION PROVIDES UNEXPECTED MEASURE OF HOPE
IRAQ
30 March 2004
Iraq’s interim constitution, signed on 8 March, contains several paragraphs that specifically address religious rights and freedoms.
Iraq’s interim constitution, known as the Transitional Administrative Law (T.A.L.), states ‘Each Iraqi has the right to freedom of thought, conscience, and religious belief and practice. Coercion in such matters shall be prohibited.’ (Article 13F). This is good news for Christians and other religious minorities. They are also relieved that the T.A.L. states that Islam is to be considered ‘a source of legislation’ rather than ‘the source of legislation’ (Article 7A). The same article also ‘guarantees the full religious rights of all individuals to freedom of religious belief and practice’.
However, these encouragements are tempered by another statement in Article 7A which runs: ‘No law that contradicts the universally agreed tenets of Islam… may be enacted’. This could be used to argue against the freedoms which have apparently been granted to non-Muslims. For example, all schools of Islamic law agree that an adult male Muslim who converts to another faith should be killed. This would therefore seem to be a ‘universally agreed tenet of Islam’. How then does this assertion relate to Article 13F’s guarantee of ‘freedom of… religious belief and practice’?
Whilst this document, with its guarantees of personal religious freedoms, has been hailed as unique in the Islamic world, similar sentiments have in fact been incorporated in the constitutions of other Muslim nations before. Even the Iranian Constitution states that ‘The investigation of individuals’ beliefs is forbidden, and no one may be molested or taken to task simply for holding a certain belief’ (Article 23). The Islamic Republic of Iran’s adherence to this article is derisory. Article 167 of the Iranian constitution states that any part of shari’a can be legally applied, i.e. including death for those who leave Islam. In December 1990 Hussein Soodmand was indeed officially executed for converting from Islam to Christianity. Subsequently, however, the tendency has been for covert abductions and for converts to disappear without trace.
The Transitional Administrative Law will probably be in force until some time in 2005, when it will be replaced by a permanent constitution, expected to be very like the T.A.L.
PRAY
* Praise God that the T.A.L. does include positive points.
* Pray that the permanent constitution will provide even more safeguards for freedom of religion, crucially freedom to “change”.
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