Fatwa House voices reservations over UNSMIL draft
The Council of Researches and Sharia Studies (CRSS) of the Fatwa House hailed on Sunday all Libyan parties for their efforts to achieve reconciliation.
In response to a question sent to the Fatwa House from the GNC, the CRSS expressed reservations over some articles in the latest UNSMIL draft.
It said that the text in the 5th clause in the governing principles of the draft about the Sharia, which states that "the Islamic Sharia is the source of legislations and it's not allowed to pass any laws in violation of the Sharia", is not enough to apply the entire codes of the Sharia.
"This clause only provides for the post-control and does not apply for the previous one." The CRSS noted.
It explained that the clause should be written as in the 9th amendment of the constitutional declaration by the GNC, and it should be safeguarded so that it becomes a governing clause over the rest ones.
The 9th amendment of the constitutional declaration states: "Islam is the religion of the state and the Islamic Sharia is the source of all legislations, and any legislation, action or conduct issued in violation of its provisions is null and void. The State shall guarantee for non- Muslims the freedom of practicing their religious rituals."
The CRSS also warned that some clauses in the draft have violated Libya's sovereignty.
"The draft states that any dispute regarding interpretation of the agreement articles is to be referred to a committee that comprises a foreign adviser, which constitutes a violation of the national sovereignty and an unprecedented step by neglecting the Libyan judiciary." It warned, calling for referring any dispute to the Libyan judiciary only.
It also stated that commitment to the international laws and treaties should only be restricted to those ones approved by the Libyan state, and those which do not violate the Islamic Sharia.
The CRSS advised the GNC that the prosecution of war criminals should be done according to the Libyan legislation and not as stated in the UNSMIL draft according to the international law.
It also called for an accurate definition to terror.
"Before voting on the draft, the term terrorism should be defined accurately. This term should include all outlaws in Libya so it would not be used to eliminate political rivals or enlisting the revolutionaries in terror lists." It explained.
"This term should not only be used to describe the Islamic groups, it should describe all who use weapons to impose political views outside state framework." It added.
In a reaction to the draft phrase "reactivation of the army and security institutions," the CRSS called for eliminating coup plotters from these institutions, urging the GNC to take the right decision to end violence in Libya away from UN trusteeship.