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IRAQ: Constitutional Path Being Paved for Islamic Law - Barnabas Fund Reports

THROUGH CHAOS OF VIOLENCE CONSTITUTIONAL PATH BEING PAVED FOR ISLAMIC LAW

IRAQ

March 5 2004

As violence in Iraq reaches new appalling levels, the foundations are
being laid upon which sharia (Islamic law) may be built.

With the current figures standing at 271 deaths after the anti-Shia
bombings of 2 March, the Iraqi Governing Council has declared three days
of mourning, and hence a delay in the signing of the interim
constitution, or Transitional Administrative Law.

TRANSITIONAL ADMINISTRATIVE LAW

The T.A.L. cites Islam as a source of law as opposed to the source of
law. Such wording would bode well, were it not for the following
qualifying paragraph which states that no law is to be passed which goes
against the tenets of Islam. Such tenets are codified in the sharia,
which carries inbuilt discrimination against women and non-Muslims.
This, coupled with the fact that Islam is not to be merely recognised as
the majority religion, but the official religion, does not augur well
for women, religious minorities and even Muslim reformers, who may be
open to charges of apostasy or blasphemy. There are no commitments to
honour Iraqs signing of the Universal Declaration of Human Rights and
the International Covenant on Civil and Political Rights. Without such
restrictions there will be nothing to prevent sharia compliant
legislation being passed, or a judge ruling according to sharia even
where such moves contravene international human rights standards.

The T.A.L. enshrines a much vaunted Bill of Rights and Article 4 does
guarantee freedom, practice and rites of the other religions. Rites
will be protected, but what about rights? The emphasis is
institutional and it is worrying that draft documents have made no
mention of the individuals right to religious expression, let alone
freedom to choose ones faith. Christians and other recognised religions
may well be free in the future Iraq to meet together and perform
corporate acts of worship. However there will be no protection for the
individuals freedom of expression, no protection for an individual who
wants to change his/her religion and no freedom to engage in missionary
activities except for Islam. Religions not officially recognised, like
the Mandeans (followers of John the Baptist), will no doubt continue to
be ruthlessly persecuted.

The T.A.L. will probably be in force until some time in 2005. It is
likely that the superseding permanent constitution will be based on a
more or less unchanged version of the T.A.L.

SHARIA EATING AWAY AT WOMENS RIGHTS

A piece of news which Iraqi women and Christians have greeted with great
relief was the defeat of Resolution 137 in a vote taken by the Governing
Council. This would have established sharia courts for the adjudication
of family matters and stripped women and religious minorities of
significant legal rights they enjoyed under Saddam Hussein.

However moves to introduce sharia compliant regulations on a smaller,
quieter scale have worryingly seen more success. For example, the
minister of education has replaced all but three university presidents
with Islamists. They in turn have decreed that all women at university
should now wear headscarves. A female lawyer in Najaf was barred from
being a judge by Grand Ayatollah Ali al-Sistani who declared that judges
must be sane, mature and male. The Governing Councils Vice-Minister
of Agriculture, Dr Sawsan al-Sharafi, was asked to leave her post
because certain hardliners would not work for her.

As the modus operandi increasingly resembles sharia, not only women,
but also Christians are likely to find themselves facing increasing
discrimination.

ANTI-CHRISTIAN VIOLENCE CONTINUES

The greatest problem facing Christians at the moment is violence and the
threat of violence. On 3 February a Christian residence in Basra was hit
by a grenade. Before they were just attacking us in the street, now we
are not safe in our own homes, said the head of the household. On 11
February gunmen fired on an office of the Assyrian Democratic Movement
in Mosul, injuring one security guard. Most Iraqi Christians are ethnic
Assyrians, and the party provides the only Christian representative on
the Governing Council, Younadam Kana.

On 14 February an American missionary was killed as gunmen from a
passing car liberally strafed the taxi he was travelling in. Pastor John
Kelly was with a group of three other American Christian leaders. They
were returning from a trip to see the ruins of Babylon, when a car
started to overtake their taxi on the inside. The four occupants armed
with Kalashnikovs then suddenly opened fire.

Five Christian roadside vendors in Basra were shot dead on 15 February
by vigilantes with Kalashnikovs. The gunmen pulled up in police vehicles
and were wearing police uniforms suggesting a disturbing connection
between hardliners who want to introduce sharia and the coalition
supervised police.

William Warda, head of the Assyrian Democratic Movements Department of
Culture and Information said Many Christian Churches have received
anonymous threatening letters. Bishop al-Qas of Amadiyah, in the
Kurdish region, said that posters had been put up urging Christians to
convert to Islam or leave the country.

Whole denominations have taken the decision not to hold night time
services anymore, but only daytime ones. One church in Baghdad has
stopped having services altogether. Muslim extremists are calling Iraqi
Christians crusaders or a fifth column for the Christian West and the
Americans. Sheikh Abd al-Jabbar Menhal, a Baghdad representative of the
main Shia centre, Al-Hawza al-Ilmiya, said on 19 February that we are
aware there are signs of potential attacks and we condemn these
activities, since Islam respects all sacred places, like mosques,
churches, etc.

PRAY

*Praise God that Islam is only a source of law in the Transitional
Administrative Law and not the source.

*Pray that God will give the Administrator of the Coalition Provisional
Authority, Paul Bremer, great wisdom as he decides whether to put his
signature to the T.A.L.

*Pray that Iraqi Christians will have peace, faith, and hope, and that
the Lords hand of protection will be over them.

Barnabas Fund works to support Christian communities mainly, but not
exclusively, in the Islamic world where they are facing poverty and
persecution.

Barnabas Fund, The Old Rectory,
River Street, PEWSEY,
Wiltshire, SN9 5DB, UK.
Tel: +44(0)1672 564938,
Fax: +44(0)1672 565030,
info@barnabasfund.org
http://www.barnabasfund.org

END

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