Iraqi republic founded on sand?
By Jeremy Schupbach jshoebox@mac.com
Whatever its chances of ratification over strong Sunni opposition, the new Iraqi constitution bears close study by you and me as Americans. It appears that Islam will provide a basis for law in the new Iraq. But will that be enough to hold together a fledgling democracy?
Thomas Jefferson’s immortal words, “We hold these truths to be self-evident, that all men are created equal,” form a cornerstone for our country and our beliefs and action as a people and as a nation. The success of American democracy, and the genius of the Founders, rests in that statement. Democracy cannot long survive a society that does not believe that all men are created equal. Without a belief in the fundamental equality of man, democracies quickly become dictatorships, totalitarian states, or the playground of powerful despots where fear keeps the locals in line.
Which brings us to Islam. Islam, as I understand, does not subscribe to the belief that all men are created equal. At least Islam, as it is practiced in the Middle East does not promote equality among men (well, maybe among men, or among Muslim men, but certainly not among Jews and Muslims, or men and women, or Muslims and infidels).
Islam is a religion built around submission to Allah, and the Iraqi people are trying to reconcile a worldview defined in terms of submission with the democratic requirement that all men be regarded as equal. One possible answer is to say that “all men will be equal when all men submit to Allah” but that cannot work within a democratic government. Non-muslims, those who do not submit to Allah, would not be equal, and would most likely not enjoy the same protection under the law.
The Iraqi people have a tremendous opportunity at hand as they craft their new country, but they have many obstacles to overcome and many questions to answer along the way. An Iraq free from terrorists yet unable or unwilling to regard all of its citizens as equal will not be a free country. I believe that the success of democracy in Iraq depends more on the self-evident truth penned by our Founders than on any other single factor.
The author can be reached at John@BackBoneAmerica.net
By Ken Rohrbaugh, Lakewood CO
KRohrb7788@aol.com
My problem with Iraq is the pending proposed constitution, with specific reference to Islamic law.
The establishment clause is being applied by courts here against our Judeo-Christian heritage — in my Daughter’s schools and in our courthouses — I don’t want my tax dollars being used to “establish” an Islamic state somewhere else. Maybe one of John’s constitutional scholars at Claremont could clarify that one for me.
Ironic that both ACLU & ACL&J appear silent on this. If we help establish an Islamic state, I want my $200 billion back. Oil credits would be suffient
by John Andrews | Monday, Aug 29, 2005 | 8:17 pmBy John Andrews
I like the perspective provided in a WSJ editorial on 8/25, “Iraq’s Federalist Papers.” See… http://www.opinionjournal.com/editorial/feature.html?id=110007157
Remember, Jeremy and Ken, that our own constitution started out decidedly imperfect in regard to such huge matters as slavery and women’s rights, but it established a polity and a process within which those matters could be addressed and rectified in course of time.
I’ll bounce this off some of our Claremont scholars, but I guarantee you it’s the very argument made by Claremont’s Harry Jaffa in his magisterial book on Lincoln and the Civil War, “New Birth of Freedom.”
Some of the key arguments from that Journal editorial are as follows:
“Take the role of Islam, which is designated as ‘a’ (not ‘the’) ‘basic source of legislation.’ Some critics see this as evidence of incipient theocracy. But in what Western democracy are laws not generally in accord with the Judeo-Christian moral heritage? In any case, interpretation of that clause will be up to elected representatives.
“The same holds true for family law. There has been much American huffing and puffing about a provision that might allow matters such as divorce to be handled by religious courts if individuals so choose. But the same clause begins with a strong affirmation of individual rights, and does not itself rewrite Iraq’s current family laws but merely paves the way for a future parliament to do so. No doubt some Iraqis will want to establish the primacy of Shariah law, but they will have to prevail in a diverse parliament and in a society in which women have asserted themselves since the fall of Saddam.”
by John Andrews | Monday, Aug 29, 2005 | 8:28 pmAccording to the latest reports, Islamic law will be subject to individual freedoms and human rights. My understanding is that when there is a conflict between Islamic law and the Iraqi Constitution’s “bill of rights,” the constitution will take precedent.
I fear that won’t happen in practice, at least not for very long.
We are spending our blood and money to foster democracy, and I believe that we have a duty to ensure that Iraq’s new government IS (in word and deed) a democracy for and by the people, and not a democratic theocracy, run by Muslim clerics.
I see your point, too, John about the parallel between our Constitution and the one being written. But there is a difference between laws that are grounded in religious tradition, and laws that are based upon (and have their source in) religious law.
The difference may seem narrow, but it is immense. Laws against robbery are based upon the Judeo-Christian ethic “Thou shalt not steal,” but it is understood that the crime is against a fellow man, or against society. However, when laws are based along the lines of “It is against the Will of Allah to steal” then it is implicit that you are not just offending man, but directly sinning against god.
I think the difference there is pretty profound, and I believe that if the Iraqi’s don’t shield themselves from such a religious/legal mindset, then there exists a very real danger that extremist Islamic culture against which we now fight, will eventually permeate the new Iraq.
by Jeremy Schupbach | Monday, Aug 29, 2005 | 9:04 pm