Reflecting on Iraq’s Journey Through Its Constitution and Challenges
Assalamu Alaikum, dear brothers and sisters. Iraq adopted its constitution 20 years ago, and since then, the country has faced many hardships-foreign occupation, insurgency, terrorist attacks, displacement, and government struggles. Though it's far from perfect, alhamdulillah, Iraq is now experiencing a period of relative peace not seen for about fifty years, and signs of progress are emerging. Even those of us who have been skeptical admit it feels like a turning point.
Does the constitution play a role in this change? It's complicated. Many factors shape a nation's path. Some parts of the constitution seem to help balance power, which supports the peace and freedoms Iraqis now enjoy. But the way the constitution was made and its content also contributed to waves of violence over the past two decades.
Back in 2003, when the US invaded, Iraq was deeply divided. The previous regime’s corruption and cruelty left people without a shared vision or experience of political dialogue. The Kurdistan Region was separated by borders that many couldn’t cross, and millions had been forced to leave the country.
A new constitution was needed under difficult circumstances. Constitutions are more than laws-they’re political agreements shaping a nation’s identity and system. Iraq’s constitution aimed to prevent dictatorship and build unity through a federal and parliamentary system.
But the timing was tough. Violence was everywhere; the US military had heavy presence, and many Iraqi groups resisted fiercely. Negotiations for the constitution happened amid this chaos, with politicians and their advisors targeted. Instead of inclusive talks, the US embassy rushed the process, excluding most political voices. A small group representing less than 20% of the population decided the federal system. The referendum saw a majority approval, but nearly all opposition came from one ethno-sectarian group, deepening divisions.
There was agreement on having a parliamentary system, but views on federalism differed. The chosen system was driven by fear and division, encouraging communities to separate rather than unite. This led to violent conflicts, especially over control of Baghdad. Federalism was intended to keep Kurdistan in Iraq, but the rushed drafting left many details vague, especially about natural resources. Some wording was confusing and seemed designed to mislead, benefiting a few while harming national unity.
The Kurdistan Region pursued its own oil policies, including secret deals with Turkey to export oil without Baghdad’s consent. Baghdad responded by cutting funds to Kurdistan, hurting everyday people and weakening the unity the constitution sought.
Then in 2014, ISIS took control of a large part of Iraq, causing unimaginable suffering. Sadly, some officials’ rhetoric became hateful, threatening entire communities. Many feared Iraq might collapse.
Such crises can open doors for change if conditions allow. The parliamentary system prevented a slide into dictatorship when Prime Minister Maliki lost parliament’s confidence and left office, even though he had won recent elections. This was a quiet but important success for the constitution’s institutions.
In the following years, Baghdad regained some control, sometimes harshly. It legally challenged Kurdistan’s oil exports and negotiations led to compromises, though the constitution didn’t help much here and sometimes fueled divisions.
On a hopeful note, Iraqi society is more connected than ever. Many Arabs visit Kurdistan for holidays, own properties there, and national sports events bring people together. Professional unions link Arabs and Kurds, and many Kurds travel south for work-things unimaginable 20 years ago.
So, while the constitution and politics have had many flaws, society itself has healed and moved forward despite the challenges. Whether the sacrifices and struggles were worth it is a question every Iraqi might reflect on. May Allah continue to bless Iraq with peace and unity.
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