Unresolved Questions in the Bill of Rights of the New Iraqi Constitution: How Will the Clash Between "Human Rights" and "Islamic Law" Be Reconciled in Future Legislative Enactments and Judicial Interpretations?

Authors

Mohamed Y. Mattar

Abstract

This Article endeavors to answer the question, are the provisions on “human rights” and “Islamic Law” in the new Iraqi constitution compatible? The new Iraqi Constitution recognizes the concept of “human rights” in accordance with Iraq's international obligations, establishes an independent “Supreme Commission for Human Rights,” limits the work of governmental intelligence agencies in accordance with human rights, and prohibits tribal customs that contradict human rights. At the same time, the Constitution makes some references to Islamic Shari'ah: it establishes Islam as the official religion of the State, recognizes Islam as a source of legislation, recognizes Iraq as a part of the Muslim world, guarantees the Islamic identity of its majority, allows Iraqis to choose their personal status law according to Islamic Law, and requires that the Federal Supreme Court contain jurists of Islamic Law. This Article endeavours to answer the question by briefly examining the various provisions of the Iraqi Constitution that cover the rights of the Iraqi people.

Recommended Citation

Mohamed Y. Mattar, Unresolved Questions in the Bill of Rights of the New Iraqi Constitution: How Will the Clash Between "Human Rights" and "Islamic Law" Be Reconciled in Future Legislative Enactments and Judicial Interpretations?, 30 Fordham Int'l L.J. 126 (2006).
Available at: https://ir.lawnet.fordham.edu/ilj/vol30/iss1/4