Archive for October 24th, 2011

Sharia Law Surprise for Secular-Minded Libyans

By Mary Fitzgerald for The Irish Times

ANALYSIS: The role of Islam could prove to be a contentious issue in the new Libya

LIBYA’S INTERIM authorities formally declared liberation yesterday with soaring speeches that praised their revolution’s victory over tyranny, paid tribute to the fallen and offered clues as to what kind of state might emerge from the ashes of Muammar Gadafy’s idiosyncratic rule.

The long-awaited declaration, made in front of tens of thousands of jubilant Libyans gathered in Benghazi, the eastern city where the uprising against Gadafy began in February, came more than two months after Tripoli fell to revolutionary forces, allowing them to seized control of most of the country.

It ushers in a process agreed by the interim body known as the National Transitional Council which will see the NTC move its headquarters from Benghazi to Tripoli and form a transitional government within 30 days. A 200-member national assembly is to be elected within 240 days, and this will appoint a prime minister a month later who will then nominate a cabinet. The national assembly will also be given deadlines to oversee the drafting of a new constitution – none existed under Gadafy – and the holding of parliamentary and presidential elections.

Already the process of forming a united and representative government promises to be fraught. With Gadafy dead, the fissures that always existed within the revolution, whether along regional or tribal lines or between Islamists and secular liberals, threaten to widen.

Even the fact that liberation was declared in Benghazi, rather than Tripoli, points to friction between leadership figures in the two cities – many of the NTC’s members, especially those from eastern Libya, have remained in Benghazi, the second-biggest city.

The question of who did what, whether during the war of the last eight months or during the four decades Gadafy was in power, will also determine much in the new order.

On Saturday, the de facto prime minister Mahmoud Jibril said progress would hinge on two things. “First what kind of resolve the NTC will show in the next few days, and the other thing depends mainly on the Libyan people – whether they differentiate between the past and the future,” he said. “I am counting on them to look ahead and remember the kind of agony they went through in the last 42 years.” Jibril also warned that Libya needed to swiftly find another source of income because the country had already consumed 62 per cent of its oil under Gadafy.

Those seeking hints as to what the new Libya may look like seized on particular sections of NTC head Mustafa Abdel Jalil’s speech in Benghazi yesterday, in which he went into some detail about the place of Islam in the post-Gadafy scenario.

“This revolution was blessed by God to achieve victory,” Jalil, who is considered devout but moderate, told the crowd. “And we must go on the right path.”

Libya, he said, would be a state where Sharia law would be the “fundamental source” of legislation and any existing legislation that contradicted Islamic principles would be immediately annulled.

It was not the first time Jalil had made such statements, and many other Arab countries have similar constitutional provisions, but Libyans of a more liberal bent may have baulked at what came next.

The new state “will not disallow polygamy” Jalil said, and charging interest will be forbidden. Some Libyans point out that polygamy was practised discreetly under Gadafy, while others interpreted Jalil’s remarks as a practical measure to address the issue of the thousands of women left widowed during the war.

These declarations, though met with cheers from the crowd, will have raised eyebrows among more secular-minded Libyans who would prefer to have such matters decided through a democratic process rather than presented almost as a fait accompli at such an early stage.

The Islamist tint to Jalil’s speech could be interpreted in different ways: it may have been an attempt to undercut the influence of more hardline elements while Libya finds its feet after Gadafy, or a bid to keep the grassroots on board as one of North Africa’s most conservative societies enters what will be a challenging period.

Either way, it shows that questions over what role Islam should play promise to be among the most pressing in the new Libya.

Pakistanis for Peace Editor’s NoteWe are happy for the Libyan people for overthrowing a brutal and oppressive dictator. We condemn however his killing and not being brought to justice and the treatment of his corpse to not be treated to Islamic last rites and custom. We are also concerned by the announcement by the revolution’s leadership that Sharia Law will be the new form of law in Libya. This is not acceptable as a secular democracy is the form of government similar to Turkey that must be the model. We urge the US and other NATO benefactors that made the overthrow of Gaddafi possible to insist on a secular democratic government in Libya, otherwise all is for naught.

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