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[rtl]Editing Date: 12/16/2019 12:27 • 152 times read[/rtl]
{Baghdad: Al Furat News} The Federal Supreme Court issued a constitutional ruling on the abuse of endowment properties and the amount of the reward for the resulting consequence, pointing out that the legislator singled them out provisions that differ from the rest of the properties, as they relate to the rights of Sharia, belief and the rights of mercenaries in them.
"The Supreme Federal Court held its session headed by Judge Medhat Al-Mahmoud and the presence of all the judges, and the case was heard by the plaintiff, the speaker of the House of Representatives / in addition to his position," court spokesman Iyas al-Samuk said in a statement.
Al-Samouk added, “The plaintiff challenged the unconstitutionality of paragraph (2) of Article 12 of the Endowment Management Law No. (64) for the year 1966, which includes the violator of the waqf property twice as much as the reward unlike the violator on other properties, other than waqf properties.”
He pointed out, "The plaintiff requested that the rule of the subject of the appeal be equated with the provision of Article (197) of the Civil Code, which includes the transgressor, other than the endowment properties, for a fee similar to that, and has based his claim on the provisions of Articles (14) and (16) of the Constitution." .
The Samuk pointed out that "the court found that the text of Article (14) of the constitution establishes the principle of equality between Iraqis before the law without regard to gender, race, nationality, origin, color, religion, sect, belief, opinion, economic or social status, nor It has to do with the subject of this lawsuit. "
He noted, "The court affirmed that the inequality between the occurrence of overtaking on the endowment land governed by paragraph (2) of Article (12) of the Endowment Management Law and the occurrence of overtaking on non-endowment land governed by Article (197) of the Civil Law does not require equality between The financial implications of each, regardless of the person who transgresses. "
And the Samuk, "The Federal Supreme Court held that there should not be equality between those who crossed in this case, because the property overlooked is the one that should be considered when estimating the wage of the proverb and not the person overriding it."
He explained, "The court affirmed that the property overtaken by it differs in the nature of the objectives assigned to it. Waqf real estate in its multiple forms has its specificity stemming from the attachment to the right of Shari'a and belief in it or the existence of such a right and another right that is the right of mercenaries in it, so the legislator assigned it to provisions that differ from the provisions that Other properties pertain to this, according to Article (14), which the defendant relied on in support of his case, as it is not productive in application to the subject matter of the lawsuit.
The Spokesman emphasized that "the court stressed that the plaintiff's reliance on the provisions of Article (16) of the constitution, which establishes the principle of equal opportunities for Iraqis, as the other does not serve as a basis for the plaintiff's claim."
And he added, “The Federal Supreme Court stated that the plaintiff’s claim to request the ruling that the constitutionality of paragraph (2) of Article (12) of the Awqaf Administration Law has lost its support from the constitution.”
He continued, “The court found that the plaintiff’s request to make the provision of Article (12/2) of the Awqaf Administration Law as the provision of Article (197) of the Civil Law, because this falls outside the jurisdiction of the Federal Supreme Court stipulated in Article (93) of the Constitution and Article (4) From the Federal Supreme Court Law No. (30) for the year 2005.
The Samuk went on, that "the Federal Supreme Court, based on the foregoing, rejected the case because it was not based on a document of the constitution." is over
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The Federal Court issues a constitutional ruling on the remuneration fee for waqf properties
[/rtl][rtl]Editing Date: 12/16/2019 12:27 • 152 times read[/rtl]
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[rtl]{Baghdad: Al Furat News} The Federal Supreme Court issued a constitutional ruling on the abuse of endowment properties and the amount of the reward for the resulting consequence, pointing out that the legislator singled them out provisions that differ from the rest of the properties, as they relate to the rights of Sharia, belief and the rights of mercenaries in them.
"The Supreme Federal Court held its session headed by Judge Medhat Al-Mahmoud and the presence of all the judges, and the case was heard by the plaintiff, the speaker of the House of Representatives / in addition to his position," court spokesman Iyas al-Samuk said in a statement.
Al-Samouk added, “The plaintiff challenged the unconstitutionality of paragraph (2) of Article 12 of the Endowment Management Law No. (64) for the year 1966, which includes the violator of the waqf property twice as much as the reward unlike the violator on other properties, other than waqf properties.”
He pointed out, "The plaintiff requested that the rule of the subject of the appeal be equated with the provision of Article (197) of the Civil Code, which includes the transgressor, other than the endowment properties, for a fee similar to that, and has based his claim on the provisions of Articles (14) and (16) of the Constitution." .
The Samuk pointed out that "the court found that the text of Article (14) of the constitution establishes the principle of equality between Iraqis before the law without regard to gender, race, nationality, origin, color, religion, sect, belief, opinion, economic or social status, nor It has to do with the subject of this lawsuit. "
He noted, "The court affirmed that the inequality between the occurrence of overtaking on the endowment land governed by paragraph (2) of Article (12) of the Endowment Management Law and the occurrence of overtaking on non-endowment land governed by Article (197) of the Civil Law does not require equality between The financial implications of each, regardless of the person who transgresses. "
And the Samuk, "The Federal Supreme Court held that there should not be equality between those who crossed in this case, because the property overlooked is the one that should be considered when estimating the wage of the proverb and not the person overriding it."
He explained, "The court affirmed that the property overtaken by it differs in the nature of the objectives assigned to it. Waqf real estate in its multiple forms has its specificity stemming from the attachment to the right of Shari'a and belief in it or the existence of such a right and another right that is the right of mercenaries in it, so the legislator assigned it to provisions that differ from the provisions that Other properties pertain to this, according to Article (14), which the defendant relied on in support of his case, as it is not productive in application to the subject matter of the lawsuit.
The Spokesman emphasized that "the court stressed that the plaintiff's reliance on the provisions of Article (16) of the constitution, which establishes the principle of equal opportunities for Iraqis, as the other does not serve as a basis for the plaintiff's claim."
And he added, “The Federal Supreme Court stated that the plaintiff’s claim to request the ruling that the constitutionality of paragraph (2) of Article (12) of the Awqaf Administration Law has lost its support from the constitution.”
He continued, “The court found that the plaintiff’s request to make the provision of Article (12/2) of the Awqaf Administration Law as the provision of Article (197) of the Civil Law, because this falls outside the jurisdiction of the Federal Supreme Court stipulated in Article (93) of the Constitution and Article (4) From the Federal Supreme Court Law No. (30) for the year 2005.
The Samuk went on, that "the Federal Supreme Court, based on the foregoing, rejected the case because it was not based on a document of the constitution." is over
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