The Role of Islamic Jurisprudence and its Relationship to Iraqi Law

The legal texts will develop when the situation and conditions improve, whether security, political or international, and away from what the Iraqis have gone through from a state of indifference to the effects of the dark past time. With the Islamic religion and adherence to the original Islamic Sharia and far from the beliefs of terrorism, extremism and trading in the principles of Islam, the various articles of the constitution have proven that Iraq is one and cannot be divided by land and people, and its sovereignty remains preserved and its bounties are a gain for its one people only. Decentralization (federal), which is the best and most appropriate systems that can be applied politically and administratively for a country like Iraq, as the legislators believed, and a system in which popular participation can be in the best form, preventing the recurrence of the experiences that Iraq went through in the past, including dictatorships and totalitarian regimes, and ensuring that they do not return again And secondly, to preserve the privacy of Iraq and its authentic national, Arab and Islamic identity, which it developed and contributed to Islam is based on the human values, principles and solid foundations of this religion. It must be emphasized that Islam has its role, presence, and strong influence in the Iraqi constitution and all its articles, despite the sharp discussions on this subject because of its sensitivity and its connection to many sub- and non-sub-themes and interventions. The majority of it is with the presence of real interdependence between it and Islam due to the presence of the overwhelming majority of it Muslims and they have the right to find a firm and unified will that there should be a great role for religion in the draft of its constitution. Because of all these difficult and complex circumstances surrounding the preparation of the constitution, a solution emerged that could be optimal and best from everyone’s point of view and our view, which is the existence of a consensual constitutional text. Democracy, although these two principles are among the basic principles of the Iraqi constitution.