Iraq’s Constitution
Wars
On
Monday, March 8th, 2004 the US appointed Iraqi
Governing Council signed and released the “Interim Constitution”
on behalf of the people of Iraq.
There
was much joy and celebration among the Council members who
stated how “free” and “liberated” Iraq had become. To quote
from the speaker for the Governing Council on that day (Mr. Bahr
Al-Uloom) who stated:
“Here we are today, standing in a historical moment, to lay the
foundation, the strong foundation for rebuilding a new
Iraq—Iraq, new, free, democratic, that protects the dignity of
the human being and protects his rights.”
Undetected by the media and unknown to but a few, the
group called “ProgressiveMuslims.Org” had been working in
parallel for months on a constitution for Iraq which was
completed and released on Monday, March 15th, 2004
(exactly one week after the US drafted constitution). The group
had no signing ceremony, no photo opportunities, no free signing
pens, no children singing in the background…but what the group
had was the intent and will to truly help the people of Iraq
overcome their dire situation and, more importantly, the group
was armed with the Islamic teachings of the Holy Quran to draft
its document.
Since
the media has worked very hard to promote the new Iraq as
needing to remain “secular” and that religion has no place in a
free, equal, and democratic society, we would like to take a few
moments to present this synopsis which shares the highlights of
the Islamic constitution and its fundamental pillars:
1.
Offering a “clean break” from the past
Point
1 of Article I of the Islamic constitution reads:
"This constitution shall override and supersede any existing
constitutions, treaties, agreements, legislations and laws made
by or for the republic."
To
enable the people of Iraq to stand on their own two feet, they
need to be freed from the burdens and obligations and favors
that the old regime or occupying forces have seen fit to enter
into…this includes old war debts, concessions, or oil and basing
rights which the new interim government may have entered into on
behalf of the people.
2.
Having
a “single” source for laws and legislations
Point
2 of Article I of the Islamic constitution reads:
"The
Quran shall be the basis for this republic and shall be the
source for all its legislation and laws."
While this may appear to be creating a “theocracy”, the truth is
that the Quran is a detailed and comprehensive book of law which
can be used the same way other nations would revert to British
or International law. The benefits of using the Quran is that it
respects the identity of the vast majority of Iraqis who are
Muslim, and at the same time it overcomes sectarian disputes or
differing laws by basing all legislation back to one single
source “the Quran”.
3.
Citizenship
for those who deserve it
Point 7 of Article I of the Islamic constitution reads:
"Citizens are deemed as those persons who carry the Iraqi
nationality at the time of implementing this constitution. The
law shall grant Iraqi citizenship to any person who is legally
residing within the borders of the republic and applies for such
citizenship."
There
are no free “hand-outs” where citizenship is granted to people
who are born of an Iraqi mother or father and who may have never
and will never set foot in Iraq. Citizenship is granted to those
who have dedicated themselves to legally living or working in
Iraq and thus are eligible to share in its nation building, thus
recognizing the Islamic opinion that all the Earth is God’s and
the benefit should be to those who work for it.
4.
All
civil freedoms protected and preserved
Points
1-9 of Article II of the Islamic constitution grants the
following rights:
This
is where Islam has been deliberately misrepresented and
misunderstood by the media and even by some of its followers.
Islam both historically and according to the laws of the Quran
is obligated to protect and preserve rights and freedoms of
others which includes: freedom of religion. A true Islamic
republic is one in which Muslims, Christians, Jews and Atheists
make-up its population and are able to have equal rights and
hold equal positions in private business or in government.
5.
Government by the people for the people
Article III of the Islamic constitution deals with the formation
of an elected “national council” which shall hold all major
power for the republic and which shall be representative of all
cities/towns/people irrespective of faith or ethnic background.
The
idea of a national council is taken from the Quran’s mode of
government through “consultation” (known as “shura” in Arabic)
as well as the Quran’s idea of single representation for each
grouping of 100,000 or more.
6.
Legislation made through consultation
Point
1 of Article III of the Islamic constitution reads:
"The
power to make laws in accordance with, and which must not add
to, or change from, the laws stipulated in the Quran. (Quran
5:48-50)"
All
legislation made by the national council will be subject to
debate and discussion until a 2/3 majority (who may not even all
be Muslims) are convinced that the law is in-line with the Quran
and does not add or change from it.
To
give an example of how stringent the Quran is on evidence, take
the example of "adultery" which carries
no punishment in the Quran unless the accusation is backed by 4
reliable witnesses (only realistic in cases of public sex or
prostitution) and even then the maximum penalty is only 100
lashes.
7.
Tax is
capped at 20%
Point
4 of Article III of the Islamic constitution reads:
"The
power to stipulate taxation for individuals and corporations, on
condition that such taxation does not exceed 20 percent. (Quran
8:41)"
While Iraq is currently in possession of vast oil wealth, there
may be no need for any taxation laws for some years or decades.
However, when the government does decide to pass tax laws, there
is a cap of 20% derived from the Quran which cannot be broken
(this point makes a world of difference when compared to
governments who tax their populations or corporation sometimes upto 50%).
8.
Protecting
the value of money
Point
6 of Article III of the Islamic constitution reads:
"The power to coin money as legal tender, only
if such money is coined in gold or silver or backed by gold or
silver. (Quran 9:34)"
While the world has been accustomed to using “fiat” money for
the past 3-4 decades (that is money which is not backed by
anything tangible), the Quran stipulates that value must be
retained at all times in money by having it backed gold and
silver. This does not mean that people must once again start
carrying gold or silver coins (though that is possible), but it
does mean that the paper in your hand must have “real” value by
only allowing its issuance if the gold or silver that backs it
exists and can be claimed.
Although this move might appear to be “economically regressing”,
the people who have undergone wars or political upheavals know
that the “value of money” is illusionary when dealing with
“fiat” and that the millions they once had in the banks or which
they held in cash (and could buy homes or cars with) suddenly
could only afford to buy them a chicken dinner to feed their family!
Having money backed by gold and silver is ethically, politically
and economically the soundest form of business and the one that
protects peoples rights as well as deters from inflation
(inflation being primarily caused by printing more and more fiat
money).
9.
Interest
free society
Point
7 of Article III of the Islamic constitution reads:
"The power to lend and/or borrow money,
interest free, on behalf of the republic. (Quran 2:282, 275)"
Interest has been completely prohibited by the Quran as it falls
into the area of “deceit” and of robbing the people from their
belongings by way of false logic and trickery. While interest
may appear to make sense (you are lending out your money and
deserve something in return), it is a logical fallacy since the
interest being repaid does not exist to begin with and thus can never be
repaid.
To simplify the point, if the entire nation of Iraq had been
given 100 gold/silver Dinars by the government to trade with,
but the government told them individually: “I want 10% interest
after 1-year”, then while the individual may not have seen
anything wrong, the big picture is very clear: “the government
expects 110 gold/silver Dinars back, while it only created 100
gold/silver Dinars for the whole country!”. In the end, someone
will lose their home or property or wealth to repay the
fictional interests (no matter how hard everyone works, the
extra 10 coins will never magically appear).
10.
Wildlife
conservation
Point
9 of Article III of the Islamic constitution reads:
"The power to preserve and protect wildlife and
the natural ecological balance. (Quran 5:1-2, 30:41) "
A tenant of the Quran is that we work with our environment so
that it will continue to support and provide for us. A nation
which does not force itself to be environmentally conscious does
not deserve to share the same planet with the rest of the
inhabitants that live and breath the same air and sit under the
same sun and moon.
11.
Helping
other people/nations
Points
16&17&18 of Article III of the Islamic constitution reads:
"The power to end armed conflict in/or between
foreign nations. (Quran 49:9-10)
The power to aid and/or assist oppressed
people in foreign nations, by granting them asylum and/or
negotiating on their behalf, on condition that they have
requested such help. (Quran 4:75, 8:72)
The power to provide humanitarian aid and/or
assistance for crisis relief of any foreign nation and/or people
in need. (Quran 2:177)"
The Quran requires the republic not to be selfish and inward,
but also to turn outward to end disputes, give asylum and help
to the oppressed, and give aid and humanitarian services to
those in need.
12.
War only in
self defense
Point
19 of Article III of the Islamic constitution reads:
"The power to declare war and appropriate a war
cabinet only if the republic is attacked or under an imminent
and recognizable threat of attack. (Quran 2:190-193)"
No Islamic republic can declare war on its neighbors or any
other people/nation unless it is first attacked or it is clear
that it will be imminently attacked…Waging war for glory or
territorial expansion or simply to keep the population
distracted is as un-Islamic as one can get.
13.
An
independent judicial system
Article V of the Islamic constitution reads:
"The
Judicial powers of the republic shall be independently placed in
a high court and its subsequent lower courts that shall rule
according to the laws placed by the national council. (Quran
2:150)"
The
most important reason for having the three branches of government
(legislative, executive, and judicial) is to create the
environment for “justice” to prevail without having to worry
about the prime minister or any other branch of government
swaying the decision regarding defendants one way or the other for
political or any other reasons.
14.
Rights of
defendants guaranteed
Points
1-6 of Article V of the Islamic constitution grant defendants
the following rights:
-
Right To Presumption Of Innocence
-
Right To A Fair And Speedy Trial
-
Right To An Attorney
-
Punishment Does Not Exceed The Crime Committed
-
Right Of Confrontation
-
Right To Appeal
The Quran’s justice system does not accept imprisonment without
just cause, or proof, or trial, or representation, or that
excess punishment is prescribed, or that accusations are
unquestioned, or that appeal cannot be called for.
The justice system is “the” pillar of an Islamic based
constitution and the right for people to seek such justice
against wrongdoing is guaranteed with “none” being above the
law.
15.
Transparency
and openness of government
Article VII of the Islamic constitution reads:
"All branches of the government of the republic
shall operate in complete transparency and openness. Records
must be made public, and meetings of the council shall be
deliberated to an open audience, and/or through a televised
screening. (Quran 58:10)"
The constitution demands that government acts honestly and
openly at all times with nothing to hide from its people. Open
meetings, open transcripts, known objectives, clear agendas,
etc. are all part of the integral Islamic constitution.
16.
Secret
services, espionage, covert operations forbidden
Article IX of the Islamic constitution reads:
"No branch of government or person from the
republic may directly or indirectly finance, sponsor, or engage
in, the destabilization or undermining of any country or nation
by way of design and/or by way of covert or otherwise armed
operations. (Quran 2:204-205, 38:28)"
The constitution forbids any CIA type organization to exist
which is dedicated to undermining and disrupting other
people/nations in order to benefit the mother state. An Islamic
constitution is one that respects the right/privacy of its
people as well as the right/privacy of others to govern
themselves as they see fit and without becoming the “hand of
fate” that swings the balance to its favor.
17.
Creativity
and science encouraged
Article X of the Islamic constitution reads:
"Government shall encourage and support the
pursuit of creativity, arts, sciences, exploration, and
technical innovation within the republic. (Quran 27:40, 34:13,
55:33)"
The Quran is a book that promotes the arts and sciences and
which is always challenging mankind to explore the earth and the
heavens and see the evidence of the past and to drive towards
the future. As such, the Islamic constitution recognizes this
call to creativity and has made it an integral part of the
constitution to be promoted and protected.
18.
Change for
the better
Article XI of the Islamic constitution reads:
"Amendments towards the betterment of this
constitution may be made (Quran 11:88) based on a 5/6 vote of
the national council and a unanimous endorsement from the high
court justices as to the legality of the amendment in view of
the existing articles of constitution. All amendments must be
listed as such and not inserted into the original text of this
constitution."
Since God is the only “perfection” in our human minds, then it
is only sensible to recognize that there may be “shortcomings”
or “gaps” in this constitution which will be filled at a later
stage and time by the people who have chosen it to be their
source document.
Conclusion
We believe that the Quran, which has been revealed for all
humanity and in which can be found the answers for all of life’s
questions and dilemmas, is able to provide the “optimum”
solution for any people or nation in need of a way and a guiding
light…
The great people of Iraq have this need today, and it is out of
sincere concern and care that we are promoting this Islamic
constitution as the most effective tool in bringing the nation
out of its current suffering and will help make Iraq into a
model and beacon for the nations of the world.
As such, it is with these clear facts of evidence mentioned
above that we ask you to spread the word and promote
this constitution to be the “Permanent Constitution” for the
people of Iraq and their future…
The full text of Iraq’s “Permanent Constitution” can be found at
the following links:
http://www.ProgressiveMuslims.org/Iraq_Constitution_English.pdf
(English)
http://www.ProgressiveMuslims.org/Iraq_Constitution_Arabic.pdf
(Arabic)
You may also want to add your voice to the petition supporting
this constitution:
http://www.thepetitionsite.com/takeaction/566065129
Sincerely,
ProgressiveMuslims.Org
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