ABSTRACT

In the midst of the invasion of Iraq, when it became clear that Paul Bremer and the Coalitional Provisional Authority (CPA) 1 had intended to exert their exclusive control over the constitution-making process, Grand Ayatullah Ali al-Sistani issued the following fatwa:

These forces have no jurisdiction whatsoever to appoint members of the Constitution preparation assembly. Also there is no guarantee either that this assembly will prepare a constitution that serves the best interests of the Iraqi people or express their national identity whose backbone is sound Islamic religion and noble social values. The said plan is unacceptable from the outset. First of all, there must be a general election so that every Iraqi citizen – who is eligible to vote – can choose someone to represent him/her in a foundational constitution preparation assembly. Then the drafted Constitution can be put to a referendum. All believers must insist on the accomplishment of this critical matter and contribute to achieving it in the best way possible. 2