StudentShare solutions
Triangle menu

Iraqi Legal System - Essay Example

Nobody downloaded yet

Extract of sample
Iraqi Legal System

Iraq’s legal system is based on Sunni and Shii fiqh sects and this is applied through the Sharia courts. Its legal system is an integrated form of various laws and customs; such as the constitutional law, legislation and statutory provisions, judicial precedents, customs, and juridical opinions. The Hanafi School of fiqh, originated in Iraq. In the 17th century, Iraq came under Ottoman rule, which introduced several new codes into Iraq’s legal system. These included civil, penal and commercial codes based on the European legal systems. After World War I, British Mandate was established in the region. This brought to an end, the control exercised by the Turkish Ottomans on Iraq. As such, Ottomans could not implement the Ottoman Law of Family Rights (OLFR) 1917 in Iraq (Legal History).
The British administrators did not implement the OLFR because it was not a part of local law. In addition, there were an equal number of Shia and Sunni members in Iraq. After the Arab Revolt, King Faisal established a kingdom in Iraq in the year 1921. In 1932, Iraq obtained full independence from the British. The monarchy of King Faisal was overthrown in 1958, by a military coup; and Iraq became a republic. The Iraqi Law of Personal Status provides that the courts should deliver judgments, in accordance with the principles of Islamic Sharia law. Thus, the customary Islamic Sharia law constitutes the source of law in Iraq. This was confirmed by Article 1 of the Civil Code (Legal History).
There are two important schools of fiqh in Iraq, namely the Jafari and Hanafi schools. In addition, Iraq contains other religious minority groups, like the Christians, Jews and Yezidis. It adopted a provisional constitution on 22 September 1968, and Article 4 of this constitution, declares Islam to be the state religion (Legal History).
Iraq has adopted a legal system that is founded on European civil and Islamic law. However, ...Show more

Summary

Under the provisions of Article 1 of the Civil Code, the law has supremacy over custom, Islamic Law, and equity. In most of the Arab nations, Islamic law or Sharia, constitutes…
Author : jschowalter
Iraqi Legal System essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Iraqi Legal System"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

English legal system
The problem in this question relates to the development of the English Legal System and what were the different sources and characteristics of the legal system. Furthermore, the external elements and influences also need to be taken into account when answering the question.
6 pages (1500 words) Essay
ENGLISH LEGAL SYSTEM
The largest categories are the Barristers and Solicitors. Legal Executives and Licensed Conveyancers are specialized practitioners that are an off-shoot of the need for more law practitioners than was available from the pool of Barristers and Solicitors. Barristers deal with the advocacy or representation of clients before the courts and with the high level consultancy on difficult or specialist cases where trial is the common outcome.
10 pages (2500 words) Essay
Evolution of Iraqi national identity
The spread of globalization and rapid advances in information and communication technologies has implied that there is increasing spread of the political, social and cultural message and its reach in the World. Thus greater access to media implies that the concepts of liberalism as well as fundamentalism are spreading side by side.
32 pages (8000 words) Essay
Rules and Legal System
Rules in the form of law, legal procedure and even principles in the process of their enactment and their roles during adjudication deserve attention. This work seeks to discern whether rules are necessary in a legal system or not. It will not delve unless necessary to the discussion into the kinds and types of rules present in any legal system nor distinguish between different existing legal systems.
10 pages (2500 words) Essay
Legal System
Prescribed and prepaid rules have been made to protect countries as well as people. It has been investigated that how Courts in England work, how they are administered and governed under the law. Understanding the rule or importance of the law depends upon the educational level of the country's people.
8 pages (2000 words) Essay
Examining Changes in Iraqi National Identity from Post-WWI to the Present
lonial devolution of powers has meant that national identities have not been allowed to mature in the manner that these have evolved in other parts of the World. The spread of globalization and rapid advances in information and communication technologies has implied that there
32 pages (8000 words) Essay
Restoration of Iraqi Masrshlands
of the garden of Eden and the largest continuous wetland system in the Middle East; civilisation was established here as early as 4,000 years BC, and a sophisticated irrigation system developed; moreover until recently, these marshes still covered some 6,000 square miles, their
18 pages (4500 words) Essay
To what extent was the air campaign in Operation Iraqi Freedom a military success but a public relations failure
of the USA in Operation Iraqi Freedom and consider the extent to which the shock and awe air campaign was a military success but a public relations failure. It is further submitted that in order to consider the US position in Operation Iraqi Freedom it is necessary to emphasise
14 pages (3500 words) Essay
LEGAL SYSTEM
The role of judiciary is quite different from the other too and it is involved to oversee if everything is within the legal purview and if not it might ask the concerned parties to act in a particular
8 pages (2000 words) Essay
Legal System
The defendant may have caused damage out of malice or disrespect for the other people’s rights (Lewis, & Norman, 2001). If it is established that the defendant did not cause damage out of pure negligence, the damage is termed as
3 pages (750 words) Essay
Hire a pro to write
a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Click to create a comment