The Constitutional Grounding of the Ja'fari Sharia Rulings Code in Iraq
Keywords:
Constitutional grounding, Ja'fari Sharia Rulings Code, Iraqi Personal Status Law, Article (41) of the Constitution, Federal Supreme Court.Abstract
The Code of Sharia Rulings on Personal Status Matters according to the Jaafari Shiite School of Thought, issued by Resolution No. (10) of 2025, is one of the most important pieces of legislation voted on by the House of Representatives after it was drafted by the Scientific Council in the Shiite Endowment Office. The commencement of the implementation of the texts and rulings of the Code constituted a constitutional, legal, and Sharia transformation in the application of the freedom of the Iraqi to choose his personal status according to religion, sect, or choice, in accordance with what was outlined in Article (41) of the Constitution of the Republic of Iraq of 2005. Therefore, our study came to analyze the direct and indirect constitutional foundations that were relied upon in legislating and applying the Sharia code, while addressing the problems raised by some regarding its unconstitutionality according to the decisions issued by the Federal Supreme Court and the Federal Court of Cassation.
