Iraq · Overview
The legal system of Iraq
A civil-law system whose central instrument, the Civil Code of 1951, is among the most admired codifications in the Arab world: drafted under Abd al-Razzaq al-Sanhuri, it deliberately fused French civil-law technique with Islamic jurisprudence and Ottoman Mecelle rules, and it has influenced legislation across the Gulf. Personal status is governed by the Personal Status Law of 1959 applied by the ordinary courts rather than by separate religious tribunals, which distinguishes Iraq from most of its neighbours. The Kurdistan Region legislates for itself in areas outside exclusive federal competence, so a practitioner must check whether Baghdad or Erbil law governs.
Legal tradition
Iraq belongs to the civil law with islamic law influence tradition. A civil-law system whose central instrument, the Civil Code of 1951, is among the most admired codifications in the Arab world: drafted under Abd al-Razzaq al-Sanhuri, it deliberately fused French civil-law technique with Islamic jurisprudence and Ottoman Mecelle rules, and it has influenced legislation across the Gulf. Personal status is governed by the Personal Status Law of 1959 applied by the ordinary courts rather than by separate religious tribunals, which distinguishes Iraq from most of its neighbours. The Kurdistan Region legislates for itself in areas outside exclusive federal competence, so a practitioner must check whether Baghdad or Erbil law governs.
How power is divided
Genuinely federal in form: 15 governorates not organised into a region, plus the Kurdistan Region, which has its own Parliament, government, judiciary and security forces. Governorates may petition to form new regions. Residual powers lie with the regions and governorates rather than the centre, and regional law prevails over federal law outside the exclusive federal competences — the reverse of the usual federal rule.
Where law comes from
- The 2005 Constitution
- Supreme; Article 2 makes Islam a source of legislation with a non-contradiction clause.
- Federal statutes
- Enacted by the Council of Representatives and published in al-Waqa'i al-Iraqiyya.
- The Civil Code 1951
- Sanhuri's fusion of French technique with Islamic and Mecelle rules.
- Kurdistan Region legislation
- Prevails within the Region outside exclusive federal competences.
- Sharia and custom
- Article 1 of the Civil Code directs courts to Islamic principles and custom to fill gaps.
The legal profession
Lawyers are admitted by the Iraqi Bar Association under the Advocacy Law, with grades of practice determining which courts a member may appear in — a seniority ladder rather than a single right of audience. The Bar is self-governing and its licence is required for court work. The Kurdistan Region has its own bar association, and the two are administratively distinct, so practitioners generally hold the licence appropriate to where they appear.
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