We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

Iraqi Legal System - Essay Example

Comments (0)
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…
Download full paper
GRAB THE BEST PAPER
Iraqi Legal System
Read TextPreview

Extract of sample
Iraqi Legal System

Download file to see previous pages... 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, ...Download file to see next pagesRead More
Comments (0)
Click to create a comment or rate a document
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
Legal Regulatory Framework for the Sustainable Development of Iraqi oil and Gas: A Study in Particular Reference to the Kurdis
22 - 2007, as well as drafts of Iraqi federal oil and gas law (2007), in addition to Iraqi environmental protections, specifically Iraqi environmental protections and improvement law no. 27 of 2009. Yet also with mention of Iraqi environmental protection and Improvement law No.
20 Pages(5000 words)Dissertation
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
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 second provision of the 5th Amendment is the protection against double jeopardy and this means that a person accused of a crime may only be prosecuted once for each crime
2 Pages(500 words)Research Paper
Civil Litigation and Felonious Law
There should be no defendant conviction because of this one scenario based on civil law. 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 punitive damage.
3 Pages(750 words)Essay
Let us find you another Essay on topic Iraqi Legal System for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us