Legal System of Iraq

The Federal Iraqi legal system is a civil law system on the Egyptian/French model comprising the ordinary civil, labour, personal status and criminal courts. Unlike some other countries in the region, there is no separate shari’a based system. Family law (personal status law) is administered within the ordinary court system.

Civil disputes are largely regulated by the Civil Code, Law No 40 of 1951 and where relevant the Commercial Code No. 30 of 1984 and civil procedure and evidence is regulated by the Civil Procedure and Actions Law No. 83 of 1969 as amended by the Civil Evidence Law No. 107 of Year 1979. The system is inquisitorial and judge led rather than adversarial. The Iraqi legal system does not operate a system of precedent whereby decisions of higher courts must be followed by lower courts. However higher court decisions can be given a certain amount of weight by lower courts in determining disputes before them. The appellate system for civil cases provides for an appeal from the Court of First Instance to the Court of Appeal and from there to the Court of Cassation. Some administrative decisions can be challenged before the Shura Council which is part of the Ministry of Justice – rather than being part of the federal judicial structure.

Article 2 of the Iraqi Constitution states:

“First:Islam is the official religion of the State and is a foundation source of legislation:

1. No law may be enacted that contradicts the established provisions of Islam 
2. No law may be enacted that contradicts the principles of democracy.

C.  No law may be enacted that contradicts the rights and basic freedoms stipulated in this Constitution.

Second:This Constitution guarantees the Islamic identity of the majority of the Iraqi people and guarantees the full religious rights to freedom of religious belief and practice of all individuals such as Christians, Yazidis, and Mandean Sabeans.”

Many resources relating to Iraqi Law can be found at http://gjpi.org a resource hosted by the University of Utah S. J. Quinney College of Law.