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Iraqi constitution sparks concerns

A chapter of Iraq's draft constitution obtained by reporters gives Islam a major role in Iraqi civil law, raising concerns that women could lose rights in marriage, divorce and inheritance.

The proposal also appears to rule out non-governmental militias, an area addressed on Monday by the new US ambassador, Zalmay Khalilzad. Urging Iraqis to build national institutions, he said there is no place for factional forces that "build the infrastructure for a future civil war."

The civil law section, one of six to make up Iraq's new charter, covers the rights and duties of citizens and public and private freedoms. The language in the chapter is not final, but members of the drafting committee said there was agreement on most of its wording.

Committee members have been rushing to complete the constitution so the Iraqi National Assembly can set the final wording by Aug. 15. Parliament's version would be put to a public vote by mid-October, and if approved, elections would follow by the year's end.

The drafting panel's efforts got a boost on Monday when its 12 Sunni Arab members ended a boycott, easing fears the document might be rejected by the ethnic community at the heart of the insurgency.

Sunni Arab support is crucial because the charter can be scuttled if voters in three of Iraq's 18 provinces reject it by a two-thirds majority -- and Sunni Arabs are a majority in four provinces. Sunni Arabs make up about 20 percent of Iraq's 27 million people but dominate areas where the insurgency is raging.

Most worrying for women's groups has been the section on civil rights in the draft constitution, which some feel would significantly roll back women's rights under a 1959 civil law enacted by a secular regime.

In the copy seen by reporters, Article 19 of the second chapter says "the followers of any religion or sect are free to choose their civil status according to their religious or sectarian beliefs."

Shiite Muslim leaders have pushed for a stronger role for Islam in civil law but women's groups argue that could base legal interpretations on stricter religious lines that are less favorable to women.

Committee members said on Monday they had taken account of women's concerns, but added they were not planning to make changes since the National Assembly will have final say on the wording.

Committee member Khudayer al-Khuzai said Muslims would be free to choose which Islamic sect they want to be judged by under the proposed civil law.

"We will not force anyone to adopt any sect at all. People are free to choose the sect they see as better or more legitimate. This is implemented in marriage, inheritance and all civil rights," he said.

Meanwhile, Iraq's most feared terrorist group yesterday warned Sunni Arabs against taking part in the October referendum on the constitution, saying their participation would make them infidels -- and therefore subject to the same treatment as occupation forces.

In a statement posted on the Internet, al-Qaeda in Iraq slammed recent calls by some Sunni leaders encouraging them to get involved in the political process.
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