Afghanistan Unveils Draft Constitution

Afghanistan revealed its draft constitution today.

I am disappointed with the draft constitution. I would prefer the constitution to lay more groundwork for a Western-style democracy. Under this draft constitution, Afghanistan can again be governed by principles outlined in sharia, or Islamic law. In my view, the removal of the Taliban will only be a partial success if Afghanistan reverts to extremism sanctioned by a constitution.

Writing for the Associated Press, Burt Herman reports that the draft constitution starts by declaring that

"Afghanistan is an Islamic Republic."

According to Herman, it also states that:

"The religion of Afghanistan is the sacred religion of Islam. Followers of other religions are free to perform their religious ceremonies within the limits of the provisions of law."

While the draft avoids direct mention of shariah, Herman reports that the constitution provides:

"In Afghanistan, no law can be contrary to the sacred religion of Islam and the values of this Constitution."

The draft allows political parties to be established as long as their charters "do not contradict the principles of Islam" and sets other conditions such as not having any military aims or foreign affiliation.

In the Christian Science Monitor, Ilene R. Prusher reports that the draft constitution calls for the creation of a bicameral national assembly which is forbidden to pass any law

"contrary to the sacred religion of Islam."

This deference to sharia concerns me. The experts say it is unlikely that the sort of brutal punishments imposed by the Taliban, such as stoning adulterers and cutting off the hands of thieves, will ever be meted out under this document; nevertheless, Afghanistan’s draft constitution should prohibit such fundamentalist extremism.