The Role of the Federal Supreme Court in Ensuring the Supremacy of Moral Custom and Islamic Law in Iraq

Abstract

Introduction: The Federal Supreme Court in Iraq plays an important role in ensuring the superiority of moral custom and Islamic Sharia through annulment lawsuits due to objections against the constitution. Because this lawsuit leads to the annulment of the text of the law whose constitution is challenged and all the authorities are obliged not to implement it. Material and Methods: This article is a descriptive review and the research method is historical, analytical, applied and inductive, which is based on the review of laws, books and legal articles published in ISC, Science direct, Elsevier and ProQuest databases between 2005 and 2023. The purpose of the research, which is to examine the role of the Federal Supreme Court in guaranteeing the superiority of moral customs and Islamic laws in Iraq, was investigated. Conclusion: The results of the research obtained by examining some of the judgments of the Federal Supreme Court in Iraq regarding municipal income from alcohol transactions and the issue of polygamy show that the Federal Supreme Court in Iraq plays an important role in guaranteeing the superiority of moral custom and Islamic Sharia through the annulment of objections against the constitution, because this lawsuit leads to the annulment of the text of the law whose constitution is challenged, and all the authorities accept In case the court issues a verdict that the law is illegal based on moral custom and Sharia law, it is obligatory to not implement this law contrary to the constitution and to take necessary measures to replace or amend it.

Keywords

• federal court of iraq
• moral custom
• sharia law
• constitution