The Role of the Federal Supreme Court in Ensuring the Supremacy of Moral Custom and Islamic Law in Iraq
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 chall...
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| Format: | Article |
| Language: | English |
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Iranian Association for Ethics in Science and Technology
2025-01-01
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| Series: | International Journal of Ethics and Society |
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| Online Access: | http://ijethics.com/article-1-315-en.pdf |
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| author | Adnan Ali Majid Aljber Mohammad Javaheri Tehrani Seyyed Mojtaba Vaezi Nader Mardani |
| author_facet | Adnan Ali Majid Aljber Mohammad Javaheri Tehrani Seyyed Mojtaba Vaezi Nader Mardani |
| author_sort | Adnan Ali Majid Aljber |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-c5cbf3b7814f44429570b8d0a7e5dc40 |
| institution | Kabale University |
| issn | 2981-1848 2676-3338 |
| language | English |
| publishDate | 2025-01-01 |
| publisher | Iranian Association for Ethics in Science and Technology |
| record_format | Article |
| series | International Journal of Ethics and Society |
| spelling | doaj-art-c5cbf3b7814f44429570b8d0a7e5dc402025-01-24T09:57:47ZengIranian Association for Ethics in Science and TechnologyInternational Journal of Ethics and Society2981-18482676-33382025-01-01641120The Role of the Federal Supreme Court in Ensuring the Supremacy of Moral Custom and Islamic Law in IraqAdnan Ali Majid Aljber0Mohammad Javaheri Tehrani1Seyyed Mojtaba Vaezi2Nader Mardani3 Ph.D. student, Department of Law, Faculty of law and Political Science, Shiraz University Department of Public and International Law, Faculty of law and Political Science, Shiraz University Department of Law, Faculty of Public and International law and Political Science, Shiraz University, Iran Department of Law, Faculty of Public and International law and Political Science, Shiraz University, Iran 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.http://ijethics.com/article-1-315-en.pdffederal court of iraqmoral customsharia lawconstitution |
| spellingShingle | Adnan Ali Majid Aljber Mohammad Javaheri Tehrani Seyyed Mojtaba Vaezi Nader Mardani The Role of the Federal Supreme Court in Ensuring the Supremacy of Moral Custom and Islamic Law in Iraq International Journal of Ethics and Society federal court of iraq moral custom sharia law constitution |
| title | The Role of the Federal Supreme Court in Ensuring the Supremacy of Moral Custom and Islamic Law in Iraq |
| title_full | The Role of the Federal Supreme Court in Ensuring the Supremacy of Moral Custom and Islamic Law in Iraq |
| title_fullStr | The Role of the Federal Supreme Court in Ensuring the Supremacy of Moral Custom and Islamic Law in Iraq |
| title_full_unstemmed | The Role of the Federal Supreme Court in Ensuring the Supremacy of Moral Custom and Islamic Law in Iraq |
| title_short | The Role of the Federal Supreme Court in Ensuring the Supremacy of Moral Custom and Islamic Law in Iraq |
| title_sort | role of the federal supreme court in ensuring the supremacy of moral custom and islamic law in iraq |
| topic | federal court of iraq moral custom sharia law constitution |
| url | http://ijethics.com/article-1-315-en.pdf |
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