Release date: Aug. 26, 2005
Contact: Elaine Justice at 404-727-0643 or elaine.justice@emory.edu

Iraq Draft Constitution Poses Many Problems, Says Emory's An-Na'im

Abdullahi An-Na'im

The draft constitution being considered for approval in Iraq could pose numerous problems for the country's future, according to Islamic law expert Abdullahi An-Na'im of Emory University School of Law. Especially troubling is the document's reference to Islamic law, or Sharia, as "a main source" of law.

An-Na'im points out that document's "reference to Sharia (Islamic law) is too broad." The effect of the constitution's language will be that "the state will enforce the view of Islam by those who are in control. So then controlling the state becomes the goal because it's the only way various factions can insure that their view of Islam is carried out."

In this scenario, says An-Na'im, the enforcement or denial of basic human rights, "will depend on the membership of the country's supreme court, because it will have the power to overrule or uphold laws. If the supreme court enforces Sharia to override legislation, it will have to invalidate or overrule any provision for equality for women."

"What I see in this constitutional document is an effort to hide contradictions in order to say everyone has agreed on this," says An-Na'im. "There are fundamental conflicts that remain in the document, and these conflicts are likely to erupt as soon as they start to apply it."

An-Na'im is completing a multi-year research study on the future of Islamic law and the role of religious neutrality in Islamic societies. Through the project, he hopes to "provide much-needed support to Muslims everywhere who are struggling to reconcile their genuine convictions with their commitment to constitutional democracy and the protection of human rights within their own societies."

Emory University is known for its demanding academics, outstanding undergraduate college of arts and sciences, highly ranked professional schools and state-of-the-art research facilities. For nearly two decades Emory has been named one of the country's top 25 national universities by U.S. News & World Report. In addition to its nine schools, the university encompasses The Carter Center, Yerkes National Primate Research Center and Emory Healthcare, the state's largest and most comprehensive health care system.

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