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Iraq constitution is patterned after Ottoman Empire, not democracy

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Inland Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-22-05 02:40 PM
Original message
Iraq constitution is patterned after Ottoman Empire, not democracy
with respect to the role of religion and women's rights.

In the Ottoman empire, family law or personal status law was under the jurisdiction of constituent religious groups. (In a sense, this was a step in the direction of freedom: Western Europe handled its minority religious groups, at first, by killing them.)

So a Christian divorce would be handled by the christian religious authorities, the disposition of the property of a muslim after death would be handled according to muslim law, muslim charities would be governed and controlled by muslim religious, rabbis held sway over the personal family law of the jews.

See related post,
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=209x2194

In fact, modern day Israel still uses the religious courts and a practice patterned after the Ottomans.
http://www.mfa.gov.il/MFA/Government/Branches%20of%20Government/Judicial/The%20Judiciary-%20The%20Court%20System

Therefore, the questions are: is there a secular ideal of equality and fairness and individual autonomy that is going to be a law superior of any religious dictates? Or will the religious law be upheld no matter how crazy? And if so, how can there be democracy in the "public" sphere if women are without any rights or power due to their "family" rights or lack thereof?

And who is going to tell Iraq to look to Israel for an example of a relatively democratic place with an established religion and minority religious groups?

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Cult Donating Member (242 posts) Send PM | Profile | Ignore Mon Aug-22-05 02:43 PM
Response to Original message
1. That's a bunch of religion.
Hope it doesn't lead to a plethora of religious feuds.
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Roland99 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-22-05 02:57 PM
Response to Reply #1
4. Welcome to DU, Cult!
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Cassandra Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-22-05 02:50 PM
Response to Original message
2. India is now looking into making domestic laws secular
since what's going on now is a bit ridiculous.
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wli Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-22-05 02:55 PM
Response to Original message
3. didn't Osama bin Laden want to revive the Ottoman Empire?
Maybe Bushler is working for Osama, not the other way around.
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Inland Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-22-05 04:38 PM
Response to Reply #3
5. I can't imagine the Ottoman empire...
The Ottomans tolerated other religions: christians and jews were second class citizens but had rights.

Contrast saudi arabia, where being openly christian will get you a few lashes.
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