Nobody downloaded yet

Iraqi Legal System - Essay Example

Comments (0) Cite this document
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 paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.4% of users find it useful
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
Cite this document
  • APA
  • MLA
(“Iraqi Legal System Essay Example | Topics and Well Written Essays - 1250 words”, n.d.)
Iraqi Legal System Essay Example | Topics and Well Written Essays - 1250 words. Retrieved from
(Iraqi Legal System Essay Example | Topics and Well Written Essays - 1250 Words)
Iraqi Legal System Essay Example | Topics and Well Written Essays - 1250 Words.
“Iraqi Legal System Essay Example | Topics and Well Written Essays - 1250 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
English Legal System
...? Compare the extent to which the Supreme Court and the court of appeals are bound by their own decisions and critically examine the advantages and disadvantages of their differing positions in relation to the doctrine of binding precedent. List of Case Laws Referred Andrews v Hopkinson Broome v Cassel Donoghue v Stevenson Gallie v Lee Grant v Australian Knitting Mills Havana Railway case Hulton v Jones Lewis v AG of Jamaica Ley v Hamilton R v Gotts R v Gould R v Howe & Bannister R v Parole Board R v Spencer R v Taylor Rookes v Barnard Salomon v Salomon & Co Ltd Shaw v DPP Tiverton Estates v Wearwell Young v Bristol Aeroplane Co. Ltd “BINDING JUDICIAL PRECEDENT” English legal system has developed the...
8 Pages(2000 words)Essay
The U.S. legal system
...? The U.S. Legal System The U.S. Legal System The United s legal system refers to the full unified system of judicial, itarian and governmental organizations that together administer and impose the laws and regulations of the United States, control the judicial system and manage or deal with judicial disputes and appeals. They legal system of the United States consists of numerous official bodies at the state, federal, as well as local levels (Burnham, 2012). Statistics reveal that defendants are hardly ever found 'Not Guilty' by judges or juries. This might be due to the...
5 Pages(1250 words)Essay
English Legal System Essay
...Topic:(English legal system). Lord Denning, MR: 'If on close investigation it should appear that our legislation is deficient or inconsistent with community law by some oversight of our draftsmen, then it is our bounden duty to give priority to community law'. Discuss. Essay: The establishment of a supra-national constitution in the form of the European unification treaty gives rise to issues of relationships between European Community law and National law. These issues have been answered in the various cases decided by the European Court of Justice and done so in a manner that is based on implied powers and principles deduced from the treaty rather than from express provision thereof. The European...
7 Pages(1750 words)Essay
Rules and Legal System
...RULES AND THE LEGAL SYSTEM Rules are an Essential Component of Every Legal Sytem ________ ____________ Abstract Is it possible to severe rules from any legal system The theories of legal philosophy are looked into in order to determine how they view rules and what roles do they conceive that rules play in the legal system. Some induction is applied in this regard because the theories are not always explicit with regards to rules. Rules in the form of law, legal procedure and even principles in the process of their enactment and their roles during adjudication deserve...
10 Pages(2500 words)Essay
Legal System
... of the country's people. The lack of education or literacy rate in a country could lead it to the high crime rate among young people that provides incentives for committing crimes due to instable economical situation. With the provision of education in the people the rule of law may be strengthen. The primary and secondary educations are very important in this regard; they work as a base for the future education of an individual. We should strengthen the legal system and provide education to the people for strengthening the society. To provide a crackdown on the crimes and to eliminate unhealthy tendencies in the society we should understand the importance of law and the matters falling in the purview of the law should be left... to the...
8 Pages(2000 words)Essay
British legal system Essay
...ASSIGNMENT MARK MCGIBBON ID: 0611115 Answer: This question raises some issues from negligence, vicarious liability and damages. In order to answer this question it is necessary to have an understanding of negligence, duty of care, and breach of duty, causation and remoteness. The most important points I this assignment related to vicarious' liability, multiple liability or causation, and personal injury. Here the main function will be to advise Anne, Betty, Jim, and Sodapops on whether they have claim/claims for damages arising out of the above scenario, and if so, what the likely outcome of such claim/claims is likely to be. In 1934 Lord Wright said in Lochgelly Iron and Coal Co v McMullan1 that in strict legal...
10 Pages(2500 words)Essay
Cuban Legal System
...THE CUBAN LEGAL SYSTEM The Cuban Legal System: Justice for All? The Cuban Legal System: Justice for All? The island which in 1492 Christopher Columbus called Juana, mistaking it for a landmass in Asia, was to become not only a colony of Spain but the center of Spanish government in the New World in post-conquest years. "The story of Cubas struggle for liberation from four-hundred years of Spanish domination is one of the great epics in history,” writes historian Philip S. Foner in his 1962 book, A History of Cuba and its relations with The United States, Vol. 1. With the end of the Spanish American War, and the signing of the Treaty of...
8 Pages(2000 words)Essay
English Legal System
...Word count 827 Order # 430457 d 11th April English legal system Summary of the case In the case R (E) v Governing body of JFS (2009),the admission of M, son of E was denied by the governing body on the grounds of lack of proper evidence for his Jewish origin. The specific reason quoted by the governing body was the ethnicity of the mother which was not treated as Jewish. The over subscription of the school led to refusal of several application of children, but the reason for the refusal should be proper. However, in the present case, the reason for the refusal of the admission was very illogical and discriminatory. Hence, E challenged the decision of JFS and appealed in the High Court. The High Court quashed the claims made by R... on...
3 Pages(750 words)Essay
...The Legal System In order to ensure the success of any democracy in the modern world, proper functioning of three vital aspects is extremely essential namely legislature, executive and judiciary. While the work of forming new laws is bestowed upon the legislature or the elected representatives of the mass, the executives are in charge of proper enforcement of such laws. 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 way so that the legislation can be followed in the true and best spirit. The legal system...
8 Pages(2000 words)Essay
Legal System
...of Lecturer Legal Systems 13 December Legal System A 2. D 3. C 4. C 5. C 6. B 7. C 8. A 9. B 10. B Solution to Essay Questions 11. The Fifth Amendment of the US constitution offers the citizens of the US protections against government actions that do not follow the rule of law. There are five major provisions of the Fifth Amendment. The first provision of the 5th Amendment of the US Constitution is that no citizen of the US should be made to face prosecution for a civic crime without initial indictment. 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...
2 Pages(500 words)Research Paper
sponsored ads
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.
Let us find you another Essay on topic Iraqi Legal System for FREE!
Contact Us