What? You didn’t think they’d really be creating a constitutional republic based on the writings of John Locke and Thomas Jefferson, did you?
Remember that the Islamists weren’t on Gaddafi’s side — they were on the side of the rebels. And that includes groups like Al Qaeda.
Gaddafi was a socialist who beat down Islamist groups in the interest of his own power. Now they’re ready to get their groove on.
Much of the document describes political institutions that will sound familiar to citizens of Western liberal democracies, including rule of law, freedom of speech and religious practice, and a multi-party electoral system.
But despite the Lockean tenor of much of the constitution, the inescapable clause lies right in Part 1, Article 1: “Islam is the Religion of the State, and the principal source of legislation is Islamic Jurisprudence (Sharia).” Under this constitution, in other words, Islam is law. That makes other phrases such as “there shall be no crime or penalty except by virtue of the law” and “Judges shall be independent, subject to no other authority but law and conscience” a bit more ominous.
Islam is the law. Judges must rule based upon Islamic law. Islam is the official state religion. Judges are answerable only to their own conscience and Islamic teachings. All penalties shall be in line with Islamic teachings.
Not exactly the western ideal of democracy.
This is just a draft, granted, and it can change. But any eventual constitution is likely to include some text along those lines. Islamists will almost certainly be powerful in the new government. At the very least the new government won’t want to piss them off.


by Stephan Tawney on August 22, 2011