Law of Iraq
Encyclopedia
The Republic of Iraq
's legal system is in a period of transition in light of the 2003 invasion
that led to the fall of the Baath 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.http://www.iraq-ild.org
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.
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 Islam
ic morality.
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.
(CPA) and issued a series of binding "regulations" "memorandums" and "orders". On 10 June 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. Paul Bremer made some amendments to both the Penal Code and the Criminal Procedure Code of 1971.
An English
translation copy of both codes prior to their CPA and subsequent amendment can be viewed online at the Case Western University website http://law.case.edu/saddamtrial/documents/Iraqi_Penal_Code_1969.pdf.
All the CPA orders, memoranda and regulations are available at the CPA Official Document Archive http://www.cpa-iraq.org/regulations/index.html.
Order Number 31 also provides several amendments to the penal code, including:
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.
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 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.
An English translation exists on the American Bar Association
website.
Constitution
Iraqi Civil and Criminal Law
Iraqi Election Law
Personal Status Law/The Role of Islam in Iraqi Law
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
's legal system is in a period of transition in light of the 2003 invasion
2003 invasion of Iraq
The 2003 invasion of Iraq , was the start of the conflict known as the Iraq War, or Operation Iraqi Freedom, in which a combined force of troops from the United States, the United Kingdom, Australia and Poland invaded Iraq and toppled the regime of Saddam Hussein in 21 days of major combat operations...
that led to the fall of the Baath Party
Baath Party
The Arab Socialist Ba'ath Party was a political party mixing Arab nationalist and Arab socialist interests, opposed to Western imperialism, and calling for the renaissance or resurrection and unification of the Arab world into a single state. Ba'ath is also spelled Ba'th or Baath and means...
. Iraq does have a written constitution, as well as a civil
Civil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...
, criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
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.http://www.iraq-ild.org
Constitutional law
The current Constitution of IraqConstitution of Iraq
The Constitution of Iraq is Iraq's fundamental law.-History:Iraq's first constitution, which established a constitutional monarchy, entered into force under the auspices of a British military occupation in 1925 and remained in effect until the 1958 revolution established a republic...
was approved in a national referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
in October 2005 and stipulates the format of the new republican government, and the rights, and responsibilities of the Iraqi people.
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 Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
ic morality.
Islam is the official state religion, and no law may be enacted or enforced that violates the "undisputed" teachings of Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
. An official English translation of the Iraqi Constitution is available online at the Iraqi government's homepage.
Criminal code
In 2003 Paul Bremer led the Coalition Provisional AuthorityCoalition Provisional Authority
The Coalition Provisional Authority was established as a transitional government following the invasion of Iraq by the United States and its allies, members of the Multi-National Force – Iraq which was formed to oust the government of Saddam Hussein in 2003...
(CPA) and issued a series of binding "regulations" "memorandums" and "orders". On 10 June 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. Paul Bremer made some amendments to both the Penal Code and the Criminal Procedure Code of 1971.
An English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
translation copy of both codes prior to their CPA and subsequent amendment can be viewed online at the Case Western University website http://law.case.edu/saddamtrial/documents/Iraqi_Penal_Code_1969.pdf.
All the CPA orders, memoranda and regulations are available at the CPA Official Document Archive http://www.cpa-iraq.org/regulations/index.html.
Order Number 31 also provides several amendments to the penal code, including:
- The maximum penalty for kidnapping is life imprisonment, and the mitigating circumstances provided in Penal Code Articles 426 Paragraphs 1 and 2 and 427 were repealed.
- The maximum penalty for rape and sexual assault in Article 393 is now life imprisonment.
- The maximum penalty for indecent assault in Article 396 is now fifteen years.
- The maximum penalty for the destruction of public utilities in Article 353 is now life imprisonment.
Civil Code
The Iraqi Civil Code was principally drafted by Abd El-Razzak El-Sanhuri, a French-educated Egyptian jurist who was also theprincipal 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.
Laws of personal status
The 1959 Iraqi 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 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.
An English translation exists on the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
website.
Military law
The current basis for the organization and discipline of the Iraqi military originates from Bremer Orders Number 22 and 23 issued in 2003.Election law
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.International law
The Iraqi government has ratified various international treaties and documents.External links
- The Iraqi Legal Database
- Global Justice Project: Iraq
- The Iraqi Higher Judicial Council
- The Iraqi Council of Ministers
- The Iraqi Council of Representatives
- United Nations Development Programme
- The Programme on Governance in the Arab Region
- United Nations Development Programme (Iraq Country Office)
- The United Nations Assistance Mission for Iraq
- Iraqi Local Governance Law library
Constitution
Iraqi Civil and Criminal Law
- CPA Documents
- Iraqi Special Tribunal with online publication of the criminal and civil codes
- Iraqi Law with Emphasis on Corporate Law
- A history and analysis of Iraqi Civil Law
- From Baton Rouge to Baghdad: A Comparative Overview of the Iraqi Civil Code, 65 LA. L. REV. 131 (2004)
Iraqi Election Law
Personal Status Law/The Role of Islam in Iraqi Law