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The Republic of Iraq's legal system is in a period of transition in light of the U.S.-led invasion in 2003 that led to the fall of the Ba'ath Party. Iraq does have a written constitution, as well as a civil, criminal and personal status law. In September 2008, the Iraqi Legal Database, a comprehensive database that makes all Iraqi positive law freely available (only in Arabic) to users online, was launched. [1]
The current Constitution of Iraq was approved in a national referendum in October 2005 and stipulates the format of the new republican government, and the rights and responsibilities of the Iraqi people. Despite the rejection of the provinces of Anbar, Saladin, and Nineveh, the overall turnout was 63 percent, with more than 90 percent voting for its adoption. [2]
The Constitution promises several civil liberties including freedom of speech, freedom of religion, freedom of peaceful assembly, freedom of expression, a free press, and a right to have a private life. All such personal liberties contain two main exemption clauses: the Iraqi Council of Representatives has the power to define what these freedoms mean, and, that no freedom may conflict with Islamic morality. [3]
Islam is the official state religion, and no law may be enacted or enforced that violates the "undisputed" teachings of Islam. An official English translation of the Iraqi Constitution is available online at the Iraqi government's homepage. [4]
There are legal experts, however, who criticize the failure of the 2005 Iraqi Constitution, particularly with respect to its perceived disastrous political consequences. For instance, an evaluation of the International Crisis Group revealed that the federal system of government outlined in this fundamental law encourages ethnic divisions and manufactures pluralism. [2] There are also observers who cite the "excessive concessions granted to the Kurds on the issues of federal government." [5] This is blamed for the so-called weaknesses of the new Iraqi Constitution.
In 2003, Paul Bremer led the Coalition Provisional Authority (CPA) and issued a series of binding "regulations" "memorandums" and "orders". On June 10, 2003, Bremer issued "Order Number 7" that stipulated that the binding Iraqi Criminal or Penal Code would be the 1984 vintage third edition of the law first enacted in 1969. [6] Administrator Bremer made some amendments to both the Penal Code and the Criminal Procedure Code of 1971.
All the CPA orders, memoranda and regulations are available at the CPA Official Document Archive. [7] An English translation copy of both codes prior to their CPA and subsequent amendment can be viewed online at the Case Western University website. [8]
Order Number 31 also provides several amendments to the penal code, including:
The Iraqi Civil Code was principally drafted by Abd El-Razzak El-Sanhuri, a French-educated Egyptian jurist who was also the principal drafter of the Egyptian Civil Code. In 1943, almost a decade after the push for a comprehensive modern code began in Iraq, Al-Sanhūrī was invited to Iraq by the Iraqi government and asked to complete the Civil Code. Working as the chairman of a committee of Iraqi jurists, using the Egyptian Civil Code as a model, he completed a draft of what would become the modern Iraqi Civil Code. The Iraqi Civil Code was enacted on September 8, 1951 and became effective two years later on September 8, 1953.
The Iraqi Code is based on the Egyptian and before that French Code Civil. Although it incorporates Islamic elements, its overall structure and substance is principally based on continental civil law. Therefore, it shares common substance and legal theory with other legal systems based on that model such as Egypt, France, Ethiopia, Spain, Italy, and the state of Louisiana.
The Iraqi Civil Code is divided into a preliminary part and two main parts, each main part composed of two books. The preliminary part contains definitions and general principles that find application throughout the rest of the code. Part I of the Code and its two books address obligations in general and subelements of that area of law, such as contracts, torts, and unjust enrichment. Part II and its two books address property, ownership, and real rights.
The 1959 Iraq Law of Personal Status (as subsequently amended) governs the manner that religious courts may settle disputes among Muslims living in Iraq in the area of marriage, divorce, custody of children, inheritance, endowments and other similar religious matters. These rulings are binding, unless they conflict with some other provision of the Iraqi legal system. Christians, Jews and other minorities are covered partly by the Personal Status Law, partly the Civil Law and partly their own personal status legal systems.
In 2003 the Iraqi Interim Governing Council issued Resolution 137 on 29 December that expanded the power of Muslim courts to rule in all disputes among Muslims concerning marriage and divorce. It would appear that this Resolution was overruled by Administrator Paul Bremer after domestic and international human rights groups protested the resolution on the grounds that the imposition of Islamic law would erode Iraqi women's rights. [9]
An English translation exists on the American Bar Association website.
The current basis for the organization and discipline of the Iraqi military originates from Bremer Orders Number 22 and 23 issued in 2003.
The fundamental definition of the private sector was mentioned in article 8 of the Law of Companies No 21 (1997) states: "A private-sector company is established on the agreement between two or more persons outside the nation sector, using private capital." Article 8, in addition, obtains a provision that includes private-joint stock or limited liability companies whenever the state gets a share of less than 25% of the capital. Internationally, it is universally accepted that the private sector represents the key part of the national economy that is not under direct state control and that is run for economic profit. [10] [11] [12] [13]
Paul Bremer legalized political parties and NGOs, and the specific rules regulating political parties were enacted by the 2004 Independent Electoral Commission of Iraq. Under these rules an Iraqi political party must register with the Commission in order to be entitled to have its endorsed candidates appear on the election ballot. Registration of a political party (aka "political entities") includes paying a filing fee of 2.5 million Iraqi dinars, a second party registration fee of 7.5 million dinars and petition signatures from five hundred Iraqi citizens.
The Iraqi government has ratified various international treaties and documents.
The 2019 transitional constitution of Sudan guarantees freedom of religion and omits reference to sharia as a source of law, unlike the 2005 constitution of Sudan's deposed president Omar al-Bashir whose government had criminalized apostasy and blasphemy against Islam. Bashir's government had also targeted Shia Muslims and those engaging in proselytization to faiths other than Islam. Christians had also faced restrictions in matters of religious freedom.
A criminal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might be imposed for these offences, and some general provisions.
The Egyptian Civil Code is the primary source of civil law for Egypt.
Abd el-Razzak el-Sanhuri or ‘Abd al-Razzāq al-Sanhūrī was an Egyptian jurist, law professor, judge and politician. He is best remembered as the primary author of the revised Egyptian Civil Code of 1948. Al-Sanhūrī's multi-volume masterwork, Al-Wasīṭ fī sharḥ al-qānūn al-madanī al-jadīd, a comprehensive commentary on the Egyptian Civil Code of 1948 and on civil law more generally, published during 1952-1970, remains in print and is highly regarded in legal and juristic professions throughout the Arab world. Al-Sanhūrī was Minister of Education in the Cabinet of Mahmoud El Nokrashy Pasha from 1945-1946 and again from late 1946 to 1948.
Censorship in Iraq has changed under different regimes, most recently due to the 2003 invasion of Iraq.
Capital punishment is a legal penalty in Pakistan. Although there have been numerous amendments to the Constitution, there is yet to be a provision prohibiting the death penalty as a punitive remedy.
The Law of Egypt consists of courts, offences, and various types of laws. Egypt has its own constitution which took effect on 18 January 2014. The Constitution of Egypt is the fundamental law of the country. Egypts legal codes and court operations are based primarily on British, Italian, and Napoleonic models, and has been the inspiration for the civil code for numerous other Middle Eastern jurisdictions, including Jordan, Bahrain, Qatar, pre-dictatorship kingdoms of Libya and Iraq, and the commercial code of Kuwait.
The Lebanese Constitution provides for freedom of religion and creeds and the exercise of all religious rites provided that the public order is not disturbed. The Constitution declares equality of rights and duties for all citizens without discrimination or preference but establishes a balance of power among the major religious groups. The government has generally respected these rights; however, the National Pact agreement in 1943 restricted the constitutional provision for apportioning political offices according to religious affiliation. There have been periodic reports of tension between religious groups, attributable to competition for political power, and citizens continue to struggle with the legacy of the civil war that was fought along sectarian lines. Despite sectarian tensions caused by the competition for political power, the Lebanese continue to coexist.
Palestinian law is the law administered by the Palestinian National Authority within the territory pursuant to the Oslo Accords. It has an unusually unsettled status, as of 2023, due to the complex legal history of the area. Palestinian law includes many of the legal regimes and precepts used in Palestinian ruled territory and administered by the Palestinian Authority and Hamas, which is not an independent nation-state.
Lesbian, gay, bisexual, and transgender (LGBT) people are generally discriminated against in the Maldives.
A blasphemy law is a law prohibiting blasphemy, which is the act of insulting or showing contempt or lack of reverence to a deity, or sacred objects, or toward something considered sacred or inviolable. According to Pew Research Center, about a quarter of the world's countries and territories (26%) had anti-blasphemy laws or policies as of 2014.
The law of Libya has historically been influenced by Ottoman, French, Italian, and Egyptian sources. Under the Great Socialist People's Libyan Arab Jamahiriya, Libya has moved towards a legal system based on sharia, but with various deviations from it.
Sharia means Islamic law based on age-old concepts. Since the early Islamic states of the eighth and ninth centuries, Sharia always existed alongside other normative systems.
The legal system in the United Arab Emirates is based on civil law, and Sharia law in the personal status matters of Muslims and blood money compensation. Personal status matters of non-Muslims are based on civil law. The UAE constitution established a federal court system and allows all emirates to establish local courts systems. The emirates of Abu Dhabi, Dubai and Ras Al Khaimah have local court systems, while other emirates follow the federal court system. Some financial free trade zones in Abu Dhabi and Dubai have their own legal and court systems based on English common law; local businesses in both emirates are allowed to opt-in to the jurisdiction of common law courts for business contracts.
Capital punishment for offenses is allowed by law in some countries. Such offenses include adultery, apostasy, blasphemy, corruption, drug trafficking, espionage, fraud, homosexuality and sodomy, perjury, prostitution, sorcery and witchcraft, theft, and treason.
The Law of Jordan is influenced by Ottoman law and European laws. The Constitution of Jordan of 1952 affirmed Islam as the state religion, but it did not state that Islam is the source of legislation. Jordanian penal code has been influenced by the French Penal Code of 1810.
The status of religious freedom in Africa varies from country to country. States can differ based on whether or not they guarantee equal treatment under law for followers of different religions, whether they establish a state religion, the extent to which religious organizations operating within the country are policed, and the extent to which religious law is used as a basis for the country's legal code.
The status of religious freedom in Asia varies from country to country. States can differ based on whether or not they guarantee equal treatment under law for followers of different religions, whether they establish a state religion, the extent to which religious organizations operating within the country are policed, and the extent to which religious law is used as a basis for the country's legal code.
The legal system of Sudan has evolved over time. The legacy of British colonial rule has had a significant impact even after independence. Most of the lawyers and judges were British trained and initially tended to rely on judicial precedent. Soon after independence, however, pressure began to build to change the legal system. By the time Jaafar Nimeiry seized power in 1969, a commission had been working on recommendations for a new system, but he dissolved it and formed another commission dominated by 12 Egyptian jurists. Based on recommendations received from them, Sudan adopted a new civil code that looked much like the Egyptian civil code of 1949. The new system was controversial because it disregarded existing laws and customs and introduced many new legal terms and concepts from Egyptian law without source material to interpret the codes. In 1973 the government repealed these codes and returned the legal system to its pre-1970 common-law status. In 1977 Nimeiry agreed to consider a Muslim Brotherhood demand that the system be based on Islam. He appointed al-Turabi as chairman of a committee to draft new Islamic laws. Nimeiry accepted few of the proposals from this committee. He then established a small, new group in 1983 that developed a “cut-and-paste” version of sharia laws based on practice in other countries. In September 1983, Nimeiry issued several decrees, known as the September Laws, which made sharia the law of the land.
The situation for apostates from Islam varies markedly between Muslim-minority and Muslim-majority regions. In Muslim-minority countries, "any violence against those who abandon Islam is already illegal". But in some Muslim-majority countries, religious violence is "institutionalised", and "hundreds and thousands of closet apostates" live in fear of violence and are compelled to live lives of "extreme duplicity and mental stress."
{{cite web}}: CS1 maint: archived copy as title (link)Constitution
Iraqi Civil and Criminal Law
Iraqi Election Law
Personal Status Law/The Role of Islam in Iraqi Law
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