Omar at Iraq the Model has a partial translation of a draft of the Iraqi constitution. Omar finds a couple of provisions so objectionable that he would vote to reject the whole thing rather than accept them. The proposed draft (words in parentheses are still being debated) states that:
Omar protests: "The Islamic republic of Iraq!? NO WAY."
The most repugnant clause for Omar, however, is this:
Omar comments that: "This is the deadliest point if approved; Islam or any religion cannot and must not be the main source of legislation."
On the one hand, Omar is right that Islam should not be the basis for Iraqi law because Islam has a very attenuated view of human rights. On the other hand, it would be very difficult to construct a system of laws which is not ultimately grounded in something more objective than a popular consensus.
Both Iraq and its Western supporters (like me) are in a bind here. Most Westerners would argue that the best model for Iraqi law is one which, like our own, places a premium on human rights. But our obligation to respect human rights derives from our Christian heritage, specifically the belief of the Founders that we are created in the image of a God who loves and values us. Because of this, and only because of this, we have worth, dignity, and the right not to be harmed. No man, as John Locke said, has the right to harm what belongs to, and is loved by, God. Take away creation by a transcendent creator, and all we are is an ephemeral glob of carbon and water whose only "rights" are whatever the whim of the authorities induces them to grant us.
Christianity enjoins us to extend to even those who spurn God, the "infidels", tolerance and love in accordance with Jesus' teaching on this very subject (see Mat.13:24-30; Lk.6:27-37). Muslims might be able to reconcile human dignity with the principles of the Koran, but it's hard to see how they could find a basis for tolerance, forgiveness and love of one's enemies in Koranic tradition. Unfortunately, it's even harder to imagine Muslims embracing a Christian rationale for their constitutional provisions.
And yet, the fear is that unless they do, they will ultimately slip back into the same human rights morass that Muslims have been mired in for 1300 years. I once asked a moderate Imam at a local mosque this question: If you could wave a magic wand and convert a majority of Americans to Islam so that you had the political power to write laws, amend the constitution, etc. what would become of the Bill of Rights, specifically the first amendment? He talked around the question, by way of a response, but he never answered it. I had the feeling that he didn't want to because he knew that the freedoms contained in the first amendment were antithetical to Islam.
One wonders how long human and minority rights would be protected by a constitution that is officially based upon Sharia (Islamic) law.
FOOTNOTE: We've been hearing the last few days that the Iraqi constitution allows anyone to become an Iraqi citizen except Israelis. I saw no mention of this in the portion of the constitution translated by Omar, but maybe I missed it. If it is in there, it would be a reprehensible act of bigotry which all Iraqis should repudiate.
