Libyan Constitution to Uphold Sharia Law?

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Libyan Constitution & Flag?

A Draft Constitution for Libya has appeared online. This could be a fraud but it’s interesting. It seems like a plant because it makes no sense. The document describes their goals of rule of law, protection of human rights, freedom of speech and religious practice, and a multi-party electoral system.

The Constitution declares respect for family, women, children, and seniors. They declare a court system based on innocent until proven guilty; no unwarranted entry into a person’s home or review of their private information (they’d be ahead of the U.S if they succeed); and the right to own private property.

There is an alarming clause as follows: 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.

The problem, of course, is that Sharia Law and Jeffersonian Democracy are antithetical. Not knowing the Quran, I cannot say whether or not it can be altered. I know a U.S. style Constitution cannot be. It is not currently known it the writers of this Constitution have the power to implement it.

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