Islamic Law and the Making and Remaking of the Iraqi Legal System

Abstract:     
This article examines the drafting process of the new Iraqi constitution, which took place in 2004 and 2005 as a result of the U.S. invasion of Iraq. It addresses the role of Islamic law in the Iraqi legal system prior to the invasion and considers how a new constitution may deal with the question and analyzes, based on Iraq’s history, current situation, and the experience of other similar countries, how Islamic law may be retained or incorporated into the new Iraqi legal system. While the constitutional discussion is important, the Article also shows who debates over Islamic law in Iraq have been and will continue to play out at the substantive-law level, where the influence of Islamic law has been felt most tangibly.

Number of Pages in PDF File: 63

Keywords: Iraq, Constitution, Islamic law

JEL Classification: K33, K39

Accepted Paper Series