Shia clerics insist on the adoption of Islamic law

IRAQ: As the vote count indicated a landslide victory for the Shia religious party list in last Sunday's parliamentary poll, Iraq's Shia clerical establishment laid down its demand that Islam should be the sole source of legislation for the country.

This position was put forward yesterday in a statement issued by Sheikh Ibrahim Ibrahimi, a representative of Grand Ayatollah Mohammad Ishaq Fayad, one of the four members of the marja al-taqlid, or objects of emulation, who determine policy for Iraq's majority Shia community.

"All of the ulema [ clerics] and marja, and the majority of the Iraqi people, want the national assembly to make Islam the source of legislation in the permanent constitution, and to reject any law that is contrary to Islam," said the statement.

"We warn officials against a separation of state and religion, because this is completely rejected by the ulema and marja and we will accept no compromise on this question. If [ the government] want [ to ensure] the stability and security of the country, they must not touch the country's Islamic values and traditions," the Sheikh warned.

A source close to Grand Ayatollah Ali Sistani, the most senior cleric, said he supported this ruling. "The marja has priorities concerning the formation of the government and the constitution. It wants the source of legislation to be Islam."

This means that Ayatollah Sistani has come down squarely on the side of those who seek to transform Iraq into an Islamic state. The role of Islam in Iraq's politics arose last spring during the drafting of the Temporary Administrative Law (TAL) under the tutelage of the US chief administrator, Mr Paul Bremer, who strongly opposed making Islamic law the main source of legislation.

However, under pressure from Ayatollah Sistani, Mr Bremer was compelled to compromise by agreeing to clauses stating that Islam was the official religion, Islamic law was one of the sources of legislation, and no law that "contradicts the universally agreed tenets of Islam" would be adopted. It was expected by Washington that the TAL would serve as the basis for the new constitution to be drafted by mid-August under the supervision of the 275-member transitional parliament and submitted to a referendum in October.

The declarations by spokesmen for Ayatollah Sistani and Ayatollah Fayad make it clear that the marja al-taqlid do not agree with the US position.

Ayatollah Sistani, who has, reportedly, been preparing for years for this day, demanded elections for a constituent assembly and endorsed the winning Shia list which contains three of his personal envoys, all clerics, as well as the Supreme Council for the Islamic Revolution in Iraq and the Islamic Dawa party, religious parties with close ties to Iran. Although he argues against direct rule by clerics, he wants the government to rely on clerical guidance and may accept clerics in office to press his agenda.

The adoption of Islamic law would reduce the rights Iraqi women have enjoyed for half a century under civil law, granting men easy divorce, custody of children and the right to four wives and cutting women's share in inheritance to half of the portion of a man. Women would be under pressure to adopt the hijab, or head covering, or chador, enveloping cloak. Liquor sales would be banned and corporal punishment could be introduced.