Somali constitution sparks controversy among religious scholars

By Mahmoud Mohamed in Mogadishu

August 10, 2012

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Since the National Constituent Assembly ratified the provisional constitution on August 1st, there have been increasing differences of opinion among critics of the constitution and supporters who view it as an historic step for Somalia.

  • Members of Somalia's National Constituent Assembly rejoice after approving the draft constitution on August 1st. [Mohamed Abdiwahab/AFP]

    Members of Somalia's National Constituent Assembly rejoice after approving the draft constitution on August 1st. [Mohamed Abdiwahab/AFP]

Even though the constitution states that sharia law will be the main source of legislation in the country, some Islamic scholars take issue with certain parts of the document.

Deputy Chairman of the Somali Association of Muslim Scholars Sheikh Nur Barud says some of the articles of the constitution are inconsistent with the teachings of Islam.

"This new constitution does not guarantee the preservation of religious and national values of Somali people, so we request that it be revised," he said.

"We want this new constitution to be compatible with Islamic sharia and articles have to be amended so they are aligned with sharia law, especially those related to [personal] freedoms and the absolute [exclusive] role of women," Barud told Sabahi.

There are other criticisms coming from non-religious sources concerning the method of distributing resources among the regions, the status of the capital Mogadishu, and Somalia's borders -- all issues that were not addressed by the new constitution.

"The status of the capital and the issue of the country's borders are not clear under the new constitution," said Mogadishu-based analyst Mohamed Nur Osman. "These issues require more clarification because ambiguity on such matters is unacceptable."

"We have to resolve these issues because we cannot accept a document that ignores the standing of the nation's capital and its borders," Osman told Sabahi.

Osman said the draft constitution was not shown to all segments of Somali society before it was raised to the National Constituent Assembly, and the assembly did not have power to change anything, so it approved the draft without any amendments or additions.

Constitution 'closer' to sharia than its predecessors

Mohamud Hussein, an expert in constitutional law who teaches at several universities in Mogadishu, does not think that the contents of the new constitution merits such hype and controversy.

"Of course mistakes are made when formulating a new constitution because this process is manmade," he told Sabahi. "The most important thing, however, is to correct mistakes, wherever they are and to move forward."

"This still is an interim constitution and will not be final until it is put to a national referendum," Hussein said.

He said the next parliament will be responsible for addressing the issues that were not included in the draft constitution, and then it will be put to a national referendum as soon as the security conditions permit.

"This new constitution is closer to Islamic sharia than its predecessors and it is a constitution based on the principles of freedom, equality and justice, and states its support for an indivisible and unified Somali nation," Hussein said.

"The problem lies in the fact that many Somalis have not actually read the new constitution and therefore consider it to be far removed from the teachings of Islamic sharia," he said, adding that Somalis should read and understand the new constitution before criticising it.

The Qur'an as basis of government

Omar Abdirahman, an Islamic studies teacher in Mogadishu, said the holy book suffices to serve as Somalia's constitution.

"The Somali people are 100% Muslim and have a complete heavenly constitution, which is the holy Qur'an, and I do not think there is a need to adopt this controversial constitution," he said.

Abdirahman asked, "Why do we not resort to the Qur'an as the basis for governance instead of preoccupying ourselves with a constitution that causes such huge controversy"?

But Omar Abdiqadir, a political analyst and university professor who lives in Mogadishu, said the ratification of the new constitution is an historic step for Somalia's future.

"I hope that this constitution takes Somalia in the right direction and that it serves as the key to building a prosperous Somalia whose citizens have suffered from civil war, violence, terrorism and piracy and are only now enjoying the taste of peace and stability," Abdiqadir said.

"The importance of the new constitution lies not only in steering in a new political era in this country after the transitional phase comes to a close, but also as it is a new social contract that regulates the relationship between citizens and the state in all areas -- a fact that should take hold in the minds of all Somalis," he told Sabahi.

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Reader's Comments

  • Ahmed Hashi
    August 17, 2012 @ 07:47:27PM

    Somali leaders have agreed to form a new parliament to adopt the new constitution for the country in line with the roadmap to end the current political crisis in the country with the end of the transitional period in next August, where the signatory parties agreed on the so-called road map to end the transitional phase in Somalia, when a group of seniors to choose the parliament. The meetings were very important and dominated with the debate in most cases, but in the end it was very successful. After decades of war, Somalia is going through phase of national reconciliation and peace; with the application of the transitional institutions of the government to the road map was agreed upon, and determine the measures to be implemented before the end of the transitional period. Parliament is in continuous meetings to adopt the constitution principles and will be selecting members of Parliament supported by a technical committee to ensure that candidates meet the standards required in the pre-defined road map. Somalia is located only a few days for the most crucial moments in its history, where there is no time to lose. Somalia and Somalis must work in cooperating with its partners to ensure that the process is legitimate, inclusive and transparent and under the leadership of a Somali.

  • abdui
    August 14, 2012 @ 02:58:28PM

    The ratification of the new Constitution of Somalia is of great importance to Somalia, and leading the country out of the transitional phase. Twenty years ago, Somalia has been succeeded in drafting the Constitution, what could be considered as the second constitution of Somalia since gaining independence. The new Constitution considered as a temporarily law after getting ratification by the Constituent Assembly, where there is a referendum after four years to become a formal constitution, and to be considered the law of the country. The concerned authorities drafted the new constitution faced a lot of significant challenges during the preparation period, and they have worked seriously to overcome those obstacles and reach to the end.

  • kakoko
    August 10, 2012 @ 10:57:21PM

    it is a step forward. no constitution in the world is 100% good so with time it will be amended.the bad part to be replaced with the good one.

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