*A positive sign from the new Iraqi government in regards to the formation of their new Constitution. A call for moderation from the highest levels, amidst fears over the creation of another fundamentalist regime in the Middle East. Kudos to the Chicago Tribune for making the right decision to publish the article.
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Shiites Want to Limit Islamic References in Iraqi Constitution
27/05/2005 Chicago Tribune - By Liz Sly
BAGHDAD, Iraq - (KRT) - Shiite legislators have decided not to push for a greater role for Islam in the new Iraqi constitution out of concern that the contentious issue will inflame religious sentiments and deepen sectarian tensions.
Instead, the United Iraqi Alliance, the Shiite coalition that won the most seats in January’s elections, will advocate retaining the moderate language of Iraq’s temporary constitution that was drawn up under the auspices of the American occupation authority.
Humam Hamoudi, the Shiite cleric who heads the 55-member constitutional committee that will draft the new document, said that any attempt to debate the issue of Islamic law could ignite a firestorm of competing sectarian demands and that the brief references to Islam in three paragraphs of the temporary constitution should be left untouched.
"These paragraphs represent the middle ground between the secularists and those who want Islamic government, and I think the wisest course of action is to keep them as they are," he said in an interview at his Baghdad home. "Opening up the subject for discussion would provoke religious sentiments in the street."
The decision is likely to defuse what could have been one of the most divisive and rancorous issues confronting Iraqi lawmakers as they begin writing the constitution, the main function of the National Assembly elected in January.
But many controversial issues remain to be settled, and it appears increasingly unlikely that the assembly will be able to complete the constitution by the Aug. 15 deadline. Asked to rate the chances that the constitution will be finished on time, Humam replied "30 percent."
More than halfway into the time allotted, the real work of drafting the document has not yet begun and further delays are expected as politicians wrangle over ways to include members of the marginalized Sunni community in the process.
If the constitution is not ready by August, lawmakers can ask for a six-month extension, pushing back the date of the next election, scheduled for December, into the middle of next year.
According to the temporary constitution, or Transitional Administrative Law, if two-thirds of voters in any three provinces vote against the constitution, the document will be scrapped, fresh elections will be held for a new assembly and the process will start all over again. Sunni leaders have already warned that they will call on Sunnis in the four provinces where they are a majority to veto any constitution drawn up without Sunni participation.
But including Sunnis could be just as problematic. It took more than three months to negotiate the formation of a government that includes six Sunnis, and no one is taking any bets on how long it will take to reach a satisfactory formula for the constitutional committee.
"We have agreed that the TAL will be the basis for our discussions. We can edit it, more or less," said Fuad Massoum, the committee’s Kurdish deputy chairman. "This way we can easily reach an agreement and finish the job on time."
The TAL says Islam should be considered as "a source of legislation," but not the sole source. The words were a point of contention during the drafting of the law, when Shiites, including new Prime Minister Ibrahim al-Jaafari, pushed hard for Islam to be recognized as the only source of law.
"People are worried about the role of Islam. I think this will be the least time-taking issue because it’s been defined in the TAL and we accept that," said Ali al-Dabbagh, a Shiite legislator on the constitutional committee. He said as much as two-thirds of the TAL could be adopted in the new constitution.
Bringing Sunnis into the process will likely complicate the process, however. A Sunni bloc formed last weekend to represent Sunnis comprises mostly religious parties and clergymen, and they called for Islam to be given a stronger role in the constitution.
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