Thank you for spotting the glaring travesties. There are so many amendments, additions and exclusions; let me begin with the less conspicuous ones, where inquisitive, legal minds are required.
a) The term 'Sharci' has been removed and intentionally replaced with 'Xeer', the significance herein being:
- To dilute primacy, and traces of Islamic jurisprudence, ordinances, and their precedence.
- Sharci / shuruuc (pl) are derived from Shari'a 'Islamic jurisprudence' grounded in, and with its basis in Islam whereas Xeer is derived from customs and traditions, and Sharica. This becomes more evident when one notices the role of Culamaa has been excluded. Case in point Article 13, pS. 17&18, re: abortion where powers are afforded the medical profession, removing consultation with Culamaa - further explained in subtum.
For instance, Article 17, p. 18:
- Removed are sections (1) & (2):
- section (1) provides every citizen is free to practise own religion.
- section (2) provides no religion, barring Islam, could not preached.
b) Legal terms, which demand strict interpretations had been replaced with loose wordings open to interpretations, giving a great deal of latitude to abuse and misuse. Case in point Article 19, p.19, re: Miranda warning - further explained in subtum.
When legal minds with professional training and experience write contracts, which is what the Constitution is as 'social contract', technical terms with intent and purpose are used, whereas when ordinary people read, or try to interpret such laws, confusion almost always reins, with many concluding said law(s) being contradictory; one hears that often, and for a reason. Case in point, difference between Freedom of enquiry vs freedom of expression. The two concepts are confused, or intentionally transposed, in the proposed amendments. Article 18, pS 18&19,
- section (3) of said Article, sets limitations where ingenuity in its art form incl. poetic or literary forms, and research had been replaced and confined to 'one's knowledge and creativity'; the new section uses the words 'faaf reeb la'aan', which I think is intended to mean lack of censorship. here, 'Xoriyad aqooneed' does not mean the same as 'si xor ah u soo bandhigo aqoontiisa'; the former speaks to freedom of enquiry and research whereas the latter speaks to one being at liberty to express. A major difference.
- Further, in its simplest form, the new wording gives rise to loopholes to be exploited, where a citizen could be arrested for reciting a poem deemed inflammatory under Article (18), section (3).
----------------------------
I have got 10 pages of notes to confirm, validate at first. Gotta dash to my morning meetings.
Bloody shame.
Last edited:
