The working draft of the constitution stipulates that no law can contradict Islamic principles. In talks with Shiite religious parties, Kurdish negotiators said they have pressed unsuccessfully to limit the definition of Islamic law to principles agreed upon by all groups. The Kurds said current language in the draft would subject Iraqis to extreme interpretations of Islamic law.
Kurds also contend that provisions in the draft would allow Islamic clerics to serve on the high court, which would interpret the constitution. That would potentially subject marriage, divorce, inheritance and other civil matters to religious law and could harm women's rights, according to the Kurdish negotiators and some women's groups.
Khalilzad supported those provisions and urged other groups to accept them, according to Kurds involved in the talks.
"Really, we are disappointed with that. It seems like the Americans want to have a constitution at any cost," said Mahmoud Othman, a Kurdish member of the constitutional committee. "These things are not good -- giving the constitution an Islamic face.
"It is not good to have a constitution that would limit the liberties of people, the human rights, the freedoms," Othman said.
IMHO The Kurds are right and the US is wrong in this case. Neither Great Britain nor Israel, both fullly functional parliamentary democracies, have a written constitution...