ERBIL, Kurdistan-Iraq, 18 June (IRIN)
- Islamic parties in Kurdistan (northern Iraq) have called for Islam
to be a "principal source of legislation" in the regional
constitution and have criticised the secular character of the
current draft charter.
Their statements followed the launch of discussions on the
formulation of a draft constitution for the country's northern,
majority-Kurd region.
"As in the federal constitution, we want Islamic Law to be a
principal source of legislation since the majority of people in
Kurdistan are Muslim," said Zana Rostayi, a parliamentarian from the
Sunni Kurdistan Islamic Group.
Rostayi added that his party – together with the Kurdistan Islamic
Union, another major Sunni party – will campaign against the draft
and "won't concede to a constitution that doesn't consider Islam as
a primary source of legislation".
The second article of the national constitution, ratified in October
2005, states that Islamic law constitutes a principal source of
legislation and recognises Islam as the official religion of the
state.
The draft regional constitution, by contrast, stipulates – in one of
only two references to Islam – that, "This constitution safeguards
the Islamic identity of the people of Kurdistan and respects other
religions and guarantees their freedom".
The draft will soon be released by parliament after further
discussions with political parties and public figures. The document
will then be referred to parliament for final ratification.
Some local human rights officials, however, voice concern that the
inclusion of Islamic Law in the constitution will serve to hamper
women's rights, particularly in issues like divorce and inheritance.
"A constitution with Islam as a major source of legislation would be
an encroachment on civil rights, especially those of women," said
Narmin Qaradaghi, general director of the human rights ministry
within the Kurdish Regional Government.
"And it would serve to strengthen the patriarchal structure of
society."
Other rights groups, though, say there is room for compromise.
"Since the majority of people in Kurdistan are Muslim, Islam should
be a source of legislation," said Ali Karim, head of the Kurdistan
Institute for Human Rights.
"Nevertheless, the constitution has to be a modern one, and conform
to all the international documents and conventions on human rights."
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