The advancement of freedom and democracy in the Middle East may suffer yet another setback as the Iraqi government completes its negotiations on a new constitution. It was only one year ago that Afghanistan approved its constitution, with barely an outcry against its new government being framed under Islamic law (as it was under the previous regime). The new constitution implemented recognition of Islamic law as the basis for the nation’s legal system, declaring in Article 3, “No law can be contrary to the sacred religion of Islam.” Under what National Review calls the new “Taliban-Lite” religious freedom is guided by the principles of Islam, one of the most notorious oppressors of religious freedom in history. Now it appears that Iraq is headed in the same direction.
According to an August 20 report by CNN, “The role of religion has revolved around whether Islam will be termed ‘a’ main source or ‘the’ main source of legislation. Washington, which has shepherded the process, has made it clear that it would like to see Islam termed ‘a’ main source. But if there is compromise with other language espousing the principles of democracy, U.S. representatives say they are willing to agree that religion be ‘the’ main source.”
Is this what American soldiers have fought for, to build a new Islamic government?
Freedom House sent a letter to Secretary of State Condoleezza Rice on August 4th, asserting, “The key provision that overrides all others is dangerous enabling language to the effect that ‘Islam’ would be the fundamental source of law in Iraq – rather than a source of law. This seemingly innocuous language threatens to subordinate rights otherwise guaranteed by international treaties, on gender equality and religious freedom in particular, to highly contestable, provisions in Sharia. Indeed, it would subordinate the entire constitution to an extra-constitutional and undefined ‘Islam’ that is itself subject to various interpretations.”
It escapes the notice of many postmodernists within the State Department that the principles of freedom and democracy upon which the Western world was built grew out of a long experience applying the principles of the Protestant Reformation in civil government. New England clergyman Cotton Mather wrote that the early settlers came to America to “express and pursue the Protestant Reformation.” What the early settlers drafted and redrafted in many colonies over the next 100 years were the principles of Biblical governance that eventually lead to the more fully developed concepts of political freedom espoused in the U.S. Declaration of Independence andConstitution.
Let there be no mistake, Christianity invented modern political freedom.
Contrary to the notion that Islamic societies can build lasting democracies – where is the evidence? Turkey may be cited as one example of an Islamic democracy, but is it? Technically Turkey is framed as a secular government, though Islamic forces within the authority structure have recently enlarged their design to further Islamicize the society by the authority of law. In March 2005 the Turkish government issued a public warning about missionary activity within their borders. “The goal of those activities is harming the cultural, religious, national and historical unity of the people of Turkey,’ Anatolia news agency quoted [Religious Affairs Directorate Mehmet] Ayd as saying. ‘These are not merely religious activities and they are not only carried out by Christian clerics. We have observed doctors, nurses, engineers, Red Cross officials, human rights defenders, peace activists and language tutors conducting missionary activities’”
If this is the case in a secular-framed Islamic society, democratic though it may be, what will be the case when Islamic law is “the fundamental” source of civil code? According to the CNN report, Washington may be willing to make compromises on the language as long as the principles of democracy are kept intact within the document. Therein lies the problem that our diplomats seem to forget – Islamic law runs contrary to democratic principles.What Islamic nation in history ever developed concepts of political freedom using the principles of Islam?
In more than 13 centuries, not a single one. In contrast, so-called Christian empires and governments were on a long road of discovery, learning how to apply principles of freedom espoused in the Old and New Testaments. As time went by, monarchies and despots weakened, and personal and political liberties advanced. Not so anywhere in the Islamic world. In fact, as industry and modern technology were applied to Islamic societies, oppression of personal liberties actually increased.
For freedom and democracy to work in a nation, any nation, certain principles must first be clearly understood – and embraced. Democracy is not simply one vote for all, or representation in the halls of government. Iran held elections this year. Are they free and democratic? Saddam used to hold elections. Was Iraq free and democratic? Even communist Russia used to hold a form of pseudo-elections to vote for local representatives of its government. Were they free and democratic?
I fear it was a mistake to move Iraq so quickly toward elections and drafting a new constitution before the true historical principles of freedom and democracy could have a chance to socially transform the country. Iraq is still a deeply Islamic culture. Its law and politics are likely to follow suit.








