The Role of Islamic Sharia in the 2005 Iraqi and Iranian Constitutions

Author:
Mohammed Ismael Musa Al-Kemee
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Seyed Ali Mirdamad

The role of Islamic law in the Iraqi and Iranian constitutions is not limited to the current laws of the two countries, but its role is extended to the Islamic culture of the two nations, these authorities are in both Iraqi and Iranian laws. The problem of researching the impact of Islamic law on the constitutions of Iraq and Iran arises because the concept of legal protection of the constitution is a broad concept and is constantly changing, because the areas of protection embodied by these rules cannot be identified. To be. It is a fact that the world and civilization are constantly changing. The aim of our research is to take a descriptive-comparative approach to the role of Shari’a in the Iraqi and Iranian constitutions. Islamic law and its principles. Where the Iranian legislator should go to the application of Sharia in times of dispute between the Shura Council and the Guardian Council, and not the Expediency Council should go to the implementation of the best of the system. The Iraqi legislature should renew the council, which reviews the decisions made by parliament, in order to prevent violations of Islamic law before appealing to the judiciary. While we see solutions that Islamic law has an important role in the constitution of the two countries, starting with the majority of Muslims in both countries.