Abdul Jalil: Harbinger of an Islamic State

Head of the Libyan National Transitional Council Mustafa Abdul Jalil’s indirect reference to adopting sharia, or Islamic law, as a basis for Libya’s new political system has triggered shock both in Libya and abroad.

Libya is in a state of confusion following the most recent speech by Mustafa Abdul Jalil, president of the National Transitional Council (NTC). He declared the adoption of sharia as a source of jurisprudence in the country, raising public concern over the reasons behind such a revelation, as well as the NTC’s ability to lead the country at this critical time.

Lawyer Badr al-Jahmi said that it was important for Abdul Jalil to address the issue of Libya’s Muslim identity, opening the path for the country’s Islamists to join the NTC in the coming transitional period. Islamists are currently Libya’s most influential force. Al-Jahmi said, “Most of the rebels who struggled to liberate the country came from an Islamist background, most notably Abdel Hakim Belhaj. They are also still well-armed and, therefore, any declaration of a secular state in Libya will turn the Islamic movement against the NTC. Islamists will have no difficulty in finding support from external sources if they need it.” According to al-Jahmi, “Abdul Jalil had to contain the religious forces from the very beginning, especially with the looming conflict within the NTC, between the widely popular Sheikh Ali al-Salabi and the liberal Mahmoud Jibril, the president of the Executive Council.”

History Professor Muhammad al-Nayyad was not surprised by Abdul Jalil’s declaration. He pointed out that, while the head of the NTC adopted sharia as source of law, he did not openly call for the creation of an Islamic state, pointing to the failed experience of Hassan al-Turabi in Sudan.

But some people found it odd that the state’s Islamic identity was alluded to in the very first speech by the NTC president following liberation. Civil rights activist Ayad al-Misraty pointed out that “Gaddafi was an advocate of the application of Islam in daily life. I remember that he permitted the flogging of women accused of adultery in the 1990s. This means that Abdul Jalil added nothing new to the already religious-based legislation in the country.” Al-Misraty wondered whether Abdul Jalil was attempting to “win the trust of the largest group of Libyans by delivering such a message, which appears to be inspired by a moderate Islamic model, like the one in Turkey.”

Al-Misraty said that Abdul Jalil may have “put himself in a quandary, since Recep Tayyip Erdogan’s party in Turkey adopted the principle of ‘religion is for God and the nation is for everyone,’ providing equal rights in the context of a secular and constitutional state based on the rule of law. This certainly does not apply to the current Libyan state.” He added that having sharia-based laws must be handled carefully, warning against a potential flood of radically conservative legislation. Al-Misraty maintained that if Abdul Jalil “adopts an Islamic state identity without a critical eye, he will lead the country astray.”

Physician and women’s rights activist Hanaa al-Khalidi is furious about Abdul Jalil’s speech, particularly when it comes to the personal status law and the question of polygamy, which she regards as a severe blow to women in Libya. She wondered, “Why is the Libyan man privileged over his female counterpart? While the rest of the Arab world is struggling to reform personal status legislation, we have someone who presumes that the Libyan man is the primary concern after liberation. This completely undermines any potential for a modern state and sets us centuries back.”

The president of the NTC defended his controversial statements in a press conference in Benghazi, stressing that his words “do not imply the amendment or annulment of any existing domestic legislation.” He said, “I would like to assure the international community that although we are Muslims, we adopt moderate Islam.” He wondered “why the public did not pay much attention to my insistence that the money, blood, and dignity of an individual cannot be violated by another. These are the basics of Islam. These are the ethics of the Muslim man. If all Muslims abide by these three principles, there will be no threat to others in the country.”

Regarding polygamy, Abdul Jalil said, “referencing the law of personal status was merely an example. The current law does not sanction polygamy unless certain conditions apply, despite the fact that the Quran permits it.” He stressed that the Quran remains the “primary constitution for all Muslims,” adding, “we have a commitment to Muslim traditions, so usury, for example, is absolutely forbidden under Islamic law.” He noted that the current interim-constitution cites “sharia as the source of legislation in Libya...This constitution is considered the basic law, and if any legal provision is in contradiction to it, then the object and purpose of the basic law should be applied.”

In response to Abdul Jalil’s statements, Maja Kocijancic, a spokesperson for EU foreign policy chief Catherine Ashton, said, “we expect that the new Libya will respect human rights and democratic principles.” In a conference titled “Women as Agents of Change in the South Mediterranean Region,” the Italian Foreign Minister Franco Frattini for his part said that “it is imperative that the existing law allows for the freedom of religion and the freedom to build churches in Egypt and Tunisia, as well as Libya.” However, the Libyan ambassador to Italy, Abdul Hafez Qaddour, said at the same conference in Rome that Libya is a “Muslim nation, and not a country for Islamists — and it will never be.”

This article is an edited translation from the Arabic Edition.