Two Kurdistan Parties at Loggerheads over Constitution’s Isl

[Aslan]

ERBIL, Kurdistan Region - Amidst a deep political dispute over the Kurdistan Region’s entire draft constitution, two Kurdish Islamic and leftist parties are at loggerheads over one particular constitutional article, which recognizes Islam as the main basis for all legislation.

Article 6 of the Kurdish constitution regards the Islamic Sharia as the main basis of all laws but Baba Ali Jabbari, spokesperson of the Kurdistan Communist Party, says that his group wants that clause changed.

“If the constitution is ever sent back to parliament for amendment we will focus on that article first,” he says.

His objection comes at a time when all political parties are locked in a row over the draft constitution. Opposition parties want it returned to parliament for important amendments over the governing system, while the powerful ruling Kurdistan Democratic Party (KDP) says that the issue should be put through a referendum for people to decide.

Earlier this month, KDP head and regional President Massoud Barzani solicited the views of all parties, studied them, and entrusted them to parliament to work out a solution.

Jabbari says that from the very beginning his party has opposed Article 6, which states that: “This constitution recognizes the Islamic identity of the majority of Kurdistan people and it recognizes the identity and rights of the Christian, Yezidi and other faiths and it gives all beliefs and religions in the Kurdistan Region the freedom of expression and practice. Meanwhile the Islamic Sharia is the main source of legislation.”

Responding to the Communist Party’s opposition, Muhammad Hakim, the spokesperson of the Islamic League (Komal) says, “Their stance goes against the entire population of Kurdistan.”

Hakim stressed his party’s undying support for Article 6, saying, “More than 95 percent of the people of Kurdistan are Muslims and that Article is a form of respect for the religion of this people.”

Civil society organizations have also objected to the article, and called on parliament to amend it. They say it does not conform to freedom and democracy.

“Article 6 says Islam is the source of all laws, but that should be amended,” says Ali Mahmoud, an Erbil-based activist. “It should say that Islam is only one of the sources of legislation. The rest should be based on democracy, people’s needs and the culture, like the constitutions of all advanced countries.”

Hakim says that Kurdistan’s Islamic groups would stand by that article to the end and he warned that his party would take the matter to the Constitutional Court if there is any attempt to change it.

“If that article is removed from the constitution, we will not vote for it,” he says. “We will also declare a fatwa (religious decree) against it and take the matter to Iraq’s constitutional court.”

But Mawlud Bawamurad, a senior official of the Kurdistan Islamic Union, Kurdistan’s most moderate group, believes that political parties should not be so obsessed about Article 6. “Only a small part of it speaks of religion,” he says.

Bawamurad notes that the Iraqi constitution contains the same clause, and that the Kurdish and federal constitutions should not clash.

Fuad Hussein, the region’s presidential chief of staff, told Rudaw in an earlier interview that if the constitution is ever amended Article 6 would also likely be changed.


Comments


20 8 Polla | 30/6/2013
Why this communists want to change religious Articles? We all know that communists suppress all religions. In the Soviet Union they destroyed all mosques and churches, they wanted to create a atheist society. Today one of the most dangerous regions for christians is the communist Northkorea. But in Article 6 of the Kurdish Constitution Islam has its lawful position as majority religion but other religions are recognized and have all their rights. In Kurdistan all religions live in peaceful coexistence, thats not the case in communist states. So the communists should shut up and not try to make Kurdistan to a Atheist nation without honor.
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7 8 guest | 22 hours ago
it is nothing against islam. I'm a muslim too, but secularisation is a ruquirement of democracy. otherwise we will have the same conditions here like in saudi arabia or iran. do you really want this?
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5 11 ann | 17 hours ago
According to Islamic Sharia Laws men are given absolute supremacy over women. He can divorce her by just saying "I divorce you 3 times" and only pays her maintenance for 3 months, leaving her without any income and he gets the custody of the children; no wonder abused women put up with lifelong torture at the hands of their husbands rather than divorce so they don't lose their children; he can beat her up if she doesn't obey him; when he rapes a woman, he is spared punishment if he agrees to marry her thus the male rapist is rewarded with a bride while the female victim is condemned to lifelong rape. The list of women's' human rights abuses go on..Under Islamic Laws women are considered minors not adults but properties of men. These abusive Laws were designed for 7th Century tribal desert society. You insist on living in the dark ages no wonder your brains have remained fossilized, stone dead. No wonder you don't seem to have the capacity to think, to reflect, to ask questions about the consequences of the Abusive and violent Islamic (Mohammad's) Laws on your women, children and society.

[Anthea]

According to Islamic Sharia Laws men are given absolute supremacy over women. He can divorce her by just saying "I divorce you 3 times" and only pays her maintenance for 3 months, leaving her without any income and he gets the custody of the children; no wonder abused women put up with lifelong torture at the hands of their husbands rather than divorce so they don't lose their children; he can beat her up if she doesn't obey him; when he rapes a woman, he is spared punishment if he agrees to marry her thus the male rapist is rewarded with a bride while the female victim is condemned to lifelong rape. The list of women's' human rights abuses go on..Under Islamic Laws women are considered minors not adults but properties of men. These abusive Laws were designed for 7th Century tribal desert society. You insist on living in the dark ages no wonder your brains have remained fossilized, stone dead. No wonder you don't seem to have the capacity to think, to reflect, to ask questions about the consequences of the Abusive and violent Islamic (Mohammad's) Laws on your women, children and society.

I agree that there are parts of the law that need adjusting - but at this moment in time - for the stability of Kurdistan - perhaps the changes need to be bought into practise slowly accompanied with a far better education system - women most definitely need equal rights

[KurdInSweden]

Article 6 should be changed immediately! Sharia laws cannot exist in a modern democracy.

[Anthea]

Article 6 should be changed immediately! Sharia laws cannot exist in a modern democracy.

There is a lot that needs changing - starting with honour killings, female circumcision and forcing a woman to marry her rapist - if too much is changed too quickly then the region might become unstable again

I still cannot forget the young married couple who were both killed by their families - just because they fell in love and married

I believe that there has to be a combination of education and legal changes - and those who kill innocent people such as that young married couple - must be punished severely and their executions well publicised - people must learn that they cannot get away with those types of murders - or any murders - especially murders of innocent young people

[Cewlik]

Anthea, you as a non Kurd can not decide what Kurds should write in their constitution. You are to focused on gender issues.

But Kurdistans constitution legitimize no kind of violence.

And the majority of Kurds are Muslims, so there is nothing wrong with a Islamic article.

[Piling]

What does mean 'being a muslim' ? Only born in a 'muslim' family and having this religion written on one's ID, whatever you believe or not ?

That's the ambiguity of religion in Middle East. Religion is not a personal choice, but a social random condition.

In any case, even if 'Islamic law is considered 'as the main basis of the Law' it means nothing, because there are 36 ways to interpret that Law.

For the Iraqi constitution, Kurds wanted a secular constitution and the shiite pressure added that 'Islamic law is considered 'as the main basis of the Law' but Kurds succeeded to add that Human's rights are prevalent on religious principles. So they can do the same for Kurdish constitution, even if Yezidis, Kaka'is and Christians don't like that religious reference.