The federalist aspect is probably what is going to doom it.Smurf said:But none of that is required by Islam, it's all just traditions that, even without islam, could very well have been sources for legislation. Besides, have you read the Iraqi constitution? It's as good as ours.
I still see nothing wrong with using Islam except for a bit of fear mongering that it's going to turn into a tyrannical women-oppressing regime. Which I've heard no support for at all.
What we should really be worried about is all the federalist aspects.
But the constitution itself does not necessarily guarantee anything.
Doesn't our own constitution prohibit these practices?Article 15.
(A) No civil law shall have retroactive effect unless the law so stipulates. There shall be neither a crime, nor punishment, except by law in effect at the time the crime is committed.
B) Police, investigators, or other governmental authorities may not violate the sanctity of private residences, whether these authorities belong to the federal or regional governments, governorates, municipalities, or local administrations, unless a judge or investigating magistrate has issued a search warrant in accordance with applicable law on the basis of information provided by a sworn individual who knew that bearing false witness would render him liable to punishment. Extreme exigent circumstances, as determined by a court of competent jurisdiction, may justify a warrantless search, but such exigencies shall be narrowly construed. In the event that a warrantless search is carried out in the absence of an extreme exigent circumstance, the evidence so seized, and any other evidence found derivatively from such search, shall be inadmissible in connection with a criminal charge, unless the court determines that the person who carried out the warrantless search believed reasonably and in good faith that the search was in accordance with the law.
(C) No one may be unlawfully arrested or detained, and no one may be detained by reason of political or religious beliefs.
(D) All persons shall be guaranteed the right to a fair and public hearing by an independent and impartial tribunal, regardless of whether the proceeding is civil or criminal. Notice of the proceeding and its legal basis must be provided to the accused without delay.
(E) The accused is innocent until proven guilty pursuant to law, and he likewise has the right to engage independent and competent counsel, to remain silent in response to questions addressed to him with no compulsion to testify for any reason, to participate in preparing his defense, and to summon and examine witnesses or to ask the judge to do so. At the time a person is arrested, he must be notified of these rights.
(F) The right to a fair, speedy, and open trial shall be guaranteed.
(G) Every person deprived of his liberty by arrest or detention shall have the right of recourse to a court to determine the legality of his arrest or detention without delay and to order his release if this occurred in an illegal manner.
(H) After being found innocent of a charge, an accused may not be tried once again on the same charge.
(I) Civilians may not be tried before a military tribunal. Special or exceptional courts may not be established.
(J) Torture in all its forms, physical or mental, shall be prohibited under all circumstances, as shall be cruel, inhuman, or degrading treatment. No confession made under compulsion, torture, or threat thereof shall be relied upon or admitted into evidence for any reason in any proceeding, whether criminal or otherwise.
My Persian friends thought like you did about Islamic law, when they were ousting the Shah of Iran. After they won the revolution they had to flee the country.Article 7.
A) Islam is the official religion of the State and is to be considered a source of legislation. No law that contradicts the universally agreed tenets of Islam, the principles of democracy, or the rights cited in Chapter Two of this Law may be enacted during the transitional period. This Law respects the Islamic identity of the majority of the Iraqi people and guarantees the full religious rights of all individuals to freedom of religious belief and practice.
(B) Iraq is a country of many nationalities, and the Arab people in Iraq are an inseparable part of the Arab nation.
It sounds good but how will it work in practice, in this part of the world.
Do you know why Islam has so many ritual prayers?
Their society was patriarchal and very cruel. The men had all the power were brutal and hot-headed. These are people who survive and thrive in a desert, they were fierce. Muhammad showed them a way to peace. He was practical and knew that if he had calming rituals it would curb the violent tendencies of the men. The women remember what it was like and their greatest fear is that this jihad with America will throw their society back to the times before Mohammad