Wednesday, December 17, 2003

Iraq War: Islamic Law and Trying Saddam

This is a different twist on the discussion about how to try Saddam that I haven't see anywhere else:

The Trial of Saddam Hussein by Mark LeVine - Beliefnet.com (accessed 12/17/03)

<< As Georgetown University Professor of Islamic Studies and bestselling author John Esposito explains, "Given the role of Islam in post-war Iraq's reconstruction, both in terms of its role in the new Iraqi Constitution as well as the emerging political leadership and factions, it is important for the tribunal to include a sensitivity to Islamic traditions." Such a process would also represent the interaction of Western and Muslim legal traditions that would be crucial to creating a democratic political and legal system in Iraq, providing an important arena for Islam to shape the Iraqi political system. If this could happen, it could provide the kind of legitimacy for the new Iraqi Government that has so far eluded the Iraqi Governing Council. >>

This article touches on some of the differences between how secular government and freedom of religion is conceived in the Islamic tradition, which is different from the European-based notion of separation of church and state. Sharia (Islamic law) and theocracy are not the same thing.

Don't get me wrong. Freedom of religion is a basic human right, and to the extent that various forms of Sharia infringe on it, that's a problem. But there are different Islamic approaches to the concept of secular government than that taken by Turkey, which is probably more similar to European and American ideas of separation of church and state. Sharia is not necessarily incompatable with a mainly secular government.

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