The Role of Islam in Legislating Laws in Iraq, Iran and Egypt a Comparative Study

Author:
Adil Abu Al-Hail Jasim Al-Darraji
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2020
Publisher:
URD Press
Supervisor(s):
Hossein Zarwandi

There are many texts in the Noble Qur’an that oblige the Islamic nation to codify the Islamic Sharia and apply its principles and rulings, including the Almighty’s saying “And He sent down the Book with them with truth, to judge between people in what they differed about” and “And judge between them by what God has revealed, and do not follow their whims.”  It is understood from these verses that the rule is for God alone, and that following the rulings contained in the Book of God is a duty in the Islamic state.  And that societies, with their different systems and as a whole, aspire to achieve a lofty goal through the laws that they enact, which is to achieve justice by applying it that guarantees the freedoms of people of different backgrounds, origins and affiliations.  For everyone without discrimination and exception is evidence of the advancement and progress of societies, and what has been said is not done arbitrarily, but through the adoption of Islamic Sharia as the main source of legislation, and Islamic scales must be the basis of all laws and decisions, civil, penal, financial, economic, administrative, cultural, military, political and others, and based on Islamic principles and values ​​that represent the hopes of the Islamic nation.  In order to achieve this, there must be real guarantees in order for the legislation to be in accordance with Islamic Sharia.  That and what distinguishes our study is the examination of the role of Islam in legislating laws in Iraq, Iran and Egypt.  We divided this study into three chapters, the first of which dealt with the study: concepts and preliminary investigations, while the second chapter was (legal commitment in the field of Islamic legislation and the impact of Islamic law on laws in Iraq, Iran and Egypt) and in the third chapter we dealt with (control and supervision of the application of Islamic law in laws in Iraq, Iran and Egypt). We ended this study with a conclusion showing the most prominent findings and recommendations.  One of the results we have reached is that Islamic Sharia takes into account the religious, worldly and the hereafter interests of human beings and aims to achieve the interests of people by bringing benefits to them and deflecting harm from them, provided that it is consistent with the purposes of the Lawgiver, and the purposes of the Law are five, which are to preserve the religion, the soul, the mind, offspring, and money.  Also, among the results we have reached is that Islamic Sharia is balanced, neither excessive nor negligent, so it is with every right holder, even if it is weak.  Also, among the results is that those who fear the inability of Islam and its legislation to surpass the man-made systems are ignorant of it, so they should review its texts.  And that the obstacles and problems raised by the doubters who are not comfortable with the application of Islam can be overcome if the wills are true.We ended this study with a conclusion showing the most prominent findings and recommendations. Among the most important results we reached are: Despite the inclusion in the Iraqi constitution and the Egyptian constitution that Islam is the religion of the state, It is the main source of legislation, but there is no body competent to monitor the application of Islamic law to Iraqi and Egyptian laws. In contrast to what we found in Iran, where there is a specialized body concerned with monitoring the application of Islamic Sharia law to Iranian laws called (the Guardian Council).