This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Iraq (Jumhuriyat al Iraq/Komar-i Eraq), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Iraq's Constitution, Islamic law (sharīʿa or fiqh) is a principle source of legislation.
Country Background
Iraq is located in the Middle East, bordering the Persian Gulf. It is bounded by Iran, Syria, Jordan, Saudi Arabia, Kuwait, and Turkey. The capital of Iraq is Baghdad. The official languages are Arabic and Kurdish. Additionally, Turkmen (a Turkish dialect), Syriac (Neo-Aramaic), and Armenian are official in areas where native speakers of these languages constitute a majority of the population. The country’s population in 2017 was approximately 39.2 million. The official religion of Iraq is Islam. Iraq is a predominantly Muslim country, with about 99% of the population Muslim (55-60% Shīʿī and 40% Sunnī). Minority religions include Yazidism, Christianity, Mandaeaism, and Zoroastrianism. After the U.S.-led invasion of Iraq and Saddam Hussain's fall from power in 2003, over 50% of Iraq's Christian population left the country. Iraq is a member state of the Organisation of Islamic Cooperation and Arab League.
Constitution & Legal Structure
Iraq is referred to as a federal parliamentary republic. After the U.S.-led invasion of Iraq and the subsequent collapse of Saddam Hussain's regime in 2004, the Coalition Provisional Authority transferred sovereignty to the Iraqi Interim Government. The Constitution was then adopted in 2005, giving sovereignty to the people of Iraq. The system of government is based on principles of separation and checks and balances and has three branches: legislative, executive, and judicial. The legal system of Iraq is a mixed legal system of sovereign law and Islamic law.
Constitutional Status of Islamic Law
Islamic law is a principle source of legislation in Iraq. Article 2 of the Constitution establishes Islam is the official religion of the State and a foundation source of legislation. Additionally, no law may be enacted that contradicts the established provisions of Islam, principles of democracy, and rights and basic freedoms stipulated in the Constitution. Although Islam is the official religion of the nation, the Constitution guarantees the right to freedom of religion to all of its residents.
Jurisdiction(s) of Islamic Law
Article 1 of the Iraqi Constitution designates Islamic law as the primary source of legislation. In general, Islamic law has significant importance in Iraq, determining matters of personal status and criminal punishments. The Supreme Court is made up a combination of judges, experts in Islamic jurisprudence, and legal scholars. It is also important to mention that freedom of religion is guaranteed by the Constitution. Potential contradictions between that right and judicial rulings have not yet been tested in the courts.
Dominant School of Islamic Law
Iraq has no official school of Islamic law, but the majority of the country's population is Shīʿī (55-60%), with a significant Sunnī minority (40%). Most Sunnī Arabs adhere to the Ḥanafī school, while most Sunnī Kurds adhere to the Shāfiʿī school.
Sources of Law for Legal Research
Official Publications
Unofficial Databases
References:
For an extended list of legal resources for this country, see the Library of Congress’s Research Guide, and for a narrative review, see the GlobaLex Foreign Law Research Guide (most updated version, where available). The Constitution is available in the LOC Guide in its original language and at Constitute in English translation. For full versions of past constitutions, amendments, and related legislation, see HeinOnline World Constitutions Illustrated or Oxford Constitutions of the World [subscription required for each].