Libya’s outgoing National Transitional Council said on Thursday that Islamic law (sharia) should be the ‘main’ source of legislation and that this should not be subject to a referendum.
‘The Libyan people are attached to Islam, as a religion and legislation,’ NTC spokesman Saleh Darhoub said, reading from a statement.
‘As such the National Transitional Council recommends that the (next) congress make sharia the main source of legislation.
‘And this should not be subject to a referendum,’ he added, speaking to journalists in Tripoli.
He later explained that the decision was made to reassure elements of society fearful of being saddled with a constitution that does not take into account Islamic law, or sharia.
‘We are not afraid of holding a referendum on sharia. But we wanted to reassure elements of society who are scared of the referendum,’ Darhoub said.
Libyans are to vote on Saturday for a General National Congress, which will be tasked with appointing a new government and a constituent authority.
The constitution needs to be approved in a national referendum, under a transition framework laid out by the NTC, which took power when long-time leader Moamer Kadhafi was slain last year.
Some of the key issues to be determined by the constitution are the form of governance, the weight of Islam in state and society, the role of women and the rights of minorities.
After the constitution is approved, the newly elected congress will have 30 days to issue a new election law, with elections for a government to be held 180 days after that, according to the NTC’s roadmap.