For Immediate Release: The New Afghan Constitution: Sharia Lite?

International Christian Concern ^ | 01/06/2004 | ICC

[miltonim]

The Washington-DC based human rights group, International Christian Concern (ICC) www.persecution.org comments on the ramifications of the new Afghanistan constitution.

On Sunday, Jan. 4 the fledgling Afghanistan government (the 502 member Loya Jirga) voted in favor of a new constitution. This document, which was long in coming, was a source of concern for those interested in the cause of religious freedom. The constitution is not the document that Western Human Rights organizations such as ours would hope for; however, it is a step in the right direction. Like the U.S. system, it sets up a strong presidency with a bi-cameral legislative body. Unlike the U.S. system it declares Afghanistan to be an Islamic Republic. The U.S. Commission for International Religious Freedom called the draft version of the constitution "Taliban-lite” because of several very troubling clauses. Most of these remained in the final document and we fear it could be a document that sets up “Sharia Lite”.

Of particular concern are the following phrases/provisions.

· It establishes the “Islamic Republic of Afghanistan”

· Islam is defined as its "sacred religion"

· Although delegates did reportedly remove specific references to sharia, or Islamic law, the document nonetheless contains sections that give privilege to Islam. For instance, "followers of other religions are free to perform their religious ceremonies in accordance with the provisions of the law" (this is a loophole Osama could walk through). There is no provision separating mosque from state or explicitly ensuring equal rights among religious groups, as does our First Amendment.

· No law in Afghanistan "can be contrary to the sacred religion of Islam and the values of this constitution" (We would call this “Sharia Lite”).

The constitution runs the risk of re-establishing a judicial or legislative theocracy in the country. Individual human-rights guarantees can be overridden by ordinary legislation and that legislation must adhere to the teachings of Islam. ICC knows firsthand of the thirst for Christianity among the population of Afghanistan. The Afghanistan people should be free to be Muslim, Christian, or any other religion and be able to practice their faith without fear of retribution. This document is not the foundation for those religious freedoms to be built upon.

[Cicero]

A constitution is only as good as the people who live in the country and the politicians and judges who enforce it. This is probably as good as can be expected, lacking an Afghan Attaturk. Even our own constitution, as we have seen in recent years, will only protect our religious and civil freedoms as long as a majority of the people are moral and rational and willing to stand up to the people who would abuse them.

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[inquest]

Good remarks. I'll just add this little thought from James Madison's Federalist #38:

"It is a matter both of wonder and regret, that those who raise so many objections against the new Constitution should never call to mind the defects of that which is to be exchanged for it. It is not necessary that the former should be perfect; it is sufficient that the latter is more imperfect."

[B.O. Plenty]

"It establishes the “Islamic Republic of Afghanistan..."....It is therefore wortless from the beginning...Now it's up to the Afghan women to save the country.....else they are forever doomed to walk around looking like dirty tents......

God, Please help these people....Amen

[inquest]

Now it's up to the Afghan women to save the country

And they'll have a much wider latitude than they had before with which to do it. The trick in all of these cases is to take what you can get, and then use it to get the rest.

[John Beresford Tipton]

Ever hear "The perfect is yjr enemy of the good"?

No, didn't think so.

[Malcolm]

We ought to insist on Freedom of Worship and Freedom of Speech. I'm not sure how that could be finessed, but it should be. After all the American lives lost there, not to mention the 9-11 lives that were lost that provoked this operation in the first place, that should be the minimum we should expect.....

[John Beresford Tipton]

"I'm not sure how that could be finessed".....

Well, now I can't say your whole post was nonsense.

[Malcolm]

LOL, then don't worry about it.....

[Celtman]

I'm not sure how that could be finessed, but it should be.

From the Japanese constitution (1947)

Article 20

1. Freedom of religion is guaranteed to all. No religious organization shall receive any privileges from the State, nor exercise any political authority.
2. No person shall be compelled to take part in any religious acts, celebration, rite or practice.
3. The State and its organs shall refrain from religious education or any other religious activity.

      We did not finesse the Japanese.  We then had the backbone to impose religious freedom.

[inquest]

We also had full undisputed control of the country, with little trouble from either home-grown warlords or foreign troublemakers. And we were no longer trying to fight a war at the same time. Realities in Afghanistan today are a little different. I'd consider it enough of an accomplishment just to make it this far.