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WEEKLY NEWSLETTER
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Iraq
Index
Although the Constitution guarantees an independent
judiciary, it contains no provisions for the organization of
courts. Consequently, the legal system has been formed on the
basis of laws promulgated by the RCC. In early 1988 the judicial
system consisted of courts that had jurisdiction over civil,
criminal, administrative, religious and other matters. The courts
were under the jurisdiction of the Ministry of Justice, and all
judges were appointed by the president. The secular courts
continued to function partly on the basis of the French model,
first introduced prior to 1918 when Iraq was under Ottoman rule
and subsequently modified, and partly on Islamic law. The three
dominant schools of Islamic jurisprudence were the Hanafi among
the Sunni Arabs, the Shafii among the
Sunni Kurds (see Glossary),
and the Jafari among Shia Arabs. The Christian and Jewish
minorities had their own religious courts for the adjudication of
personal status issues, such as marriage, divorce, and
inheritance.
For judicial administration, the country was divided into
five appellate districts centered, respectively, in Baghdad,
Basra, Al Hillah (Babylon), Kirkuk, and Mosul. Major civil and
commercial cases were referred to the courts of first instance,
which were of two kinds: 18 courts of first instance with
unlimited powers, and 150 courts of first instance with limited
powers. The former were established in the capitals of the
eighteen governorates (provinces); the latter, all of which were
single-judge courts, were located in the district and subdistrict
centers, and in the governorate capitals
(see
fig. 1). Six peace
courts, two in Baghdad and one in each of the other five judicial
district centers, handled minor litigation. Decisions of these
courts could be appealed to the relevant district court of
appeals.
Wherever there were civil courts, criminal cases were judged
by magistrates. Six sessions courts reviewed cases appealed from
the lower magistrates' courts. The personal status of both Shia
Muslims and Sunni Muslims and disputes arising from
administration of waqfs (religious trusts or endowments) were
decided in sharia (Islamic law) courts. Sharia courts were
located wherever there were civil courts. In some places sharia
courts consisted of specially appointed qadis (religious
judges), and in other places of civil court judges. Christians,
Jews, and other religious minorities had their own separate
communal councils to administer personal status laws.
Civil litigation against government bodies and the "socialist
sector" and between government organizations were brought before
the Administrative Court, set up under a law promulgated in
November 1977. Jurisdictional conflicts between this court and
other courts were adjudicated by the Court of Cassation, which on
appeal could also review decisions of the Administrative Court.
Offenses against the internal or external security of the state--
whether economic, financial, or political offenses--were tried
before the Revolutionary Court. Unlike the other courts described
above, the Revolutionary Court was not under the jurisdiction of
the appellate court system. In addition, the RCC periodically
established special security courts, under the jurisdiction of
the secret security police, to handle cases of espionage, of
treason, and of "antistate" activities. The proceedings of the
Revolutionary Court and of the special security courts, in
contrast to the practice of all other courts, are generally
closed
(see Criminal Justice System
, ch. 5).
The court of last resort for all except security cases was
the Court of Cassation. It consisted of a president; vicepresidents ; no fewer than fifteen permanent members; and a number
of deputized judges, reporting judges, and religious judges. It
was divided into general, civil, criminal, administrative
affairs, and personal status benches. In addition to its
appellate function, the Court of Cassation assumed original
jurisdiction over crimes committed by high government officials,
including judges. The Court of Cassation also adjudicated
jurisdictional conflicts between lower courts.
Data as of May 1988
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