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TEXT OF THE DRAFT IRAQI CONSTITUTION
Iraqi Transitional Government ^ | Oct 2005 | Iraqi Transitional Government

Posted on 10/15/2005 2:48:51 PM PDT by FairOpinion

We the sons of Mesopotamia, land of the prophets, resting place of the holy imams, the leaders of civilization and the creators of the alphabet, the cradle of arithmetic: on our land, the first law put in place by mankind was written; in our nation, the most noble era of justice in the politics of nations was laid down; on our soil, the followers of the prophet and the saints prayed, the philosophers and the scientists theorized and the writers and poets created.

Recognizing God's right upon us; obeying the call of our nation and our citizens; responding to the call of our religious and national leaders and the insistence of our great religious authorities and our leaders and our reformers, we went by the millions for the first time in our history to the ballot box, men and women, young and old, on January 30 2005, remembering the pains of the despotic band's sectarian oppression of the majority; inspired by the suffering of Iraq’s martyrs - Sunni and Shiite, Arab, Kurd and Turkomen, and the remaining brethren in all communities - inspired by the injustice against the holy cities in the popular uprising and against the marshes and other places; recalling the agonies of the national oppression in the massacres of Halabja, Barzan, Anfal and against the Faili Kurds; inspired by the tragedies of the Turkomen in Bashir and the suffering of the people of the western region, whom the terrorists and their allies sought to take hostage and prevent from participating in the elections and the establishment of a society of peace and brotherhood and cooperation so we can create a new Iraq, Iraq of the future, without sectarianism, racial strife, regionalism, discrimination or isolation.

(Excerpt) Read more at iraqigovernment.org ...


TOPICS: Foreign Affairs; News/Current Events; War on Terror
KEYWORDS: iraq; iraqiconstitution; transcript
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Full text at the link above.

Note also, that the Iraqi Transitional Government has a website, that's where the text was posted. You might want to visit their website.

Iraqi Transitional Government

1 posted on 10/15/2005 2:48:53 PM PDT by FairOpinion
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To: FairOpinion

Thanks. Nice post.


2 posted on 10/15/2005 2:51:47 PM PDT by DoughtyOne
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To: FairOpinion

And the uninformed said we were creating an Islamic state under Sharia.


3 posted on 10/15/2005 2:59:48 PM PDT by Andy from Beaverton (I only vote Republican to stop the Democrats)
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To: FairOpinion
Article (2): 1st - Islam is the official religion of the state and is a basic source of legislation...

If this is the case, then quite frankly "Democracy" in Iraq has a snowball's chance.

4 posted on 10/15/2005 3:00:11 PM PDT by F16Fighter
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To: F16Fighter

It's a mixed bag, they also have statements in the Constitution guaranteeing freedom of other religions, etc.

It certainly would have been better without that, the last thing we want is to create an Islamic Republic Iran style.

In Iraq the Kurds and Sunnis hopefully won't let radical Islam take over.

But this is another reason why we MUST stay in Iraq for quite a long time, otherwise the radical Islamists would fill in the vacuum and overtake the country.


5 posted on 10/15/2005 3:08:39 PM PDT by FairOpinion (CA Props: Vote for Reform: YES on 73-78, NO on 79 & 80, NO on Y)
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To: FairOpinion
"It's a mixed bag, they also have statements in the Constitution guaranteeing freedom of other religions, etc."

"Mixed bad" is apropos...

If the Koran supercedes ALL "law," than Iraq's "constitution" isn't worth the paper it's printed on.

"In Iraq the Kurds and Sunnis hopefully won't let radical Islam take over."

What's misunderstood is much of the constitution is subservient to the Koran. It won't take "radical" factions to subvert (or uphold) Sharia Law.

6 posted on 10/15/2005 3:14:21 PM PDT by F16Fighter
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To: F16Fighter

Our constitution and subsequent laws used the Bible and ten commandments as a basic sorce of legislation. All I ask is that we not prejudge.


7 posted on 10/15/2005 3:19:48 PM PDT by Hurtgen
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To: F16Fighter
"Article (2): 1st - Islam is the official religion of the state and is a basic source of legislation...
If this is the case, then quite frankly "Democracy" in Iraq has a snowball's chance. "

Why not keep the context of that?

"CHAPTER ONE: BASIC PRINCIPLES
Article (1): The Republic of Iraq is an independent, sovereign nation, and the system of rule in it is a democratic, federal, representative (parliamentary) republic.
Article (2): 1st - Islam is the official religion of the state and is a basic source of legislation:
(a) No law can be passed that contradicts the undisputed rules of Islam.
(b) No law can be passed that contradicts the principles of democracy.
(c) No law can be passed that contradicts the rights and basic freedoms. outlined in this constitution "
I read about a third of the thing. It looks about as free as a typical European Constitution -- Freedom of religion, travel, property, speech, vote, trial, legal representation, association, privacy (but with a “public morality” out) and freedom from all kinds of discrimination. On the down side there are some right to work and right to healthcare statements that keep it down to about European level.
8 posted on 10/15/2005 3:24:30 PM PDT by elfman2
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To: Hurtgen
Our constitution and subsequent laws used the Bible and ten commandments as a basic sorce of legislation. All I ask is that we not prejudge.

"Apples and Oranges"

9 posted on 10/15/2005 3:25:25 PM PDT by mosquewatch.com (Politically incorrect all the time and proud.)
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To: elfman2
"Why not keep the context of that?"

THIS is the only "context" you need:

(a) No law can be passed that contradicts the undisputed rules of Islam.

10 posted on 10/15/2005 3:29:21 PM PDT by F16Fighter
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To: FairOpinion
(a) No law can be passed that contradicts the undisputed rules of Islam.

Some one else want to get some "Rules" of Sharia Law ( ÔÑíÚÉ ) (women's rights, crimes against God (Hudud -bounds of acceptable behaviour.)

11 posted on 10/15/2005 3:38:32 PM PDT by mosquewatch.com (Politically incorrect all the time and proud.)
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To: F16Fighter
"THIS is the only "context" you need:"

Nonsense. If (a) demands enforcement because its in the Constitution, then (b) and (c) must also be enforced. And each will have to be interpreted in a way that they don’t conflict. That’s why context is critical.

12 posted on 10/15/2005 3:40:34 PM PDT by elfman2
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To: F16Fighter

In context, it will mean whatever the duly elected repesentatives want it to mean. Every 'rule' of Islam is disputed by one faction or another and saying it also can't dispute the principles of democracy of violate individual rights means whatever the majority thinks best--and the majority will NOT want a government based on strict Sharia law.


13 posted on 10/15/2005 3:40:51 PM PDT by metalcor
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To: elfman2

Islam and democracy can not exist.


14 posted on 10/15/2005 3:43:36 PM PDT by mosquewatch.com (Politically incorrect all the time and proud.)
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To: mosquewatch.com
"Islam and democracy can not exist."

Indonesia: Democracy, Islam do mix

15 posted on 10/15/2005 3:48:24 PM PDT by elfman2
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To: metalcor
strict Sharia law. For Muslims the law laid down by Allah is exactly what was said in the Koran and the Hadiths, anything else is corrupt. The "Taliban regime" was a perfect example of Sharia law, according too "Muslim Holy Book." Please don't try to compare the "Western idea of law, with "Allah's Law". It is comparing 2 different things. :) Jeff
16 posted on 10/15/2005 3:50:56 PM PDT by mosquewatch.com (Politically incorrect all the time and proud.)
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To: elfman2

INDONESIA!??!?!?!? Where Christians are being killed daily screaming "Allahu ackbar"? Indonesia , where people are slaughtered for being non Muslim, you bring Indonesia as an example???????????????????????????????????? lololololol This is the great Islamic Democracy??????????????????????? Please.....................


17 posted on 10/15/2005 3:54:09 PM PDT by mosquewatch.com (Politically incorrect all the time and proud.)
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To: elfman2

http://www.worthynews.com/news-features-2/muslim-militia-indonesia.html read the "democracy in Indonesia"


18 posted on 10/15/2005 3:56:04 PM PDT by mosquewatch.com (Politically incorrect all the time and proud.)
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To: mosquewatch.com
Think "Bali, Indonesia"
19 posted on 10/15/2005 4:00:54 PM PDT by mosquewatch.com (Politically incorrect all the time and proud.)
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To: F16Fighter
"No law can be passed that contradicts the undisputed rules of Islam."

What actually are those rules, that's what I'd like to know. Maybe I'll get a translation of the Koran and find out. I'd be surprised if suicide bombings and genital mutilation are part of it, but maybe they are. Does any one know?

There are a lot of good things in this document, but they may all be null and void because of Article Two. Most of all it depends on the quality of the people. They are Arabs, with a millennial history of tribalism, bellicosity, and fanaticism. We'll see.

20 posted on 10/15/2005 4:03:28 PM PDT by Batrachian
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