The Iraqi state is civilian and not otherwise

The Iraqi state is civilian and not otherwise



08/8/2017 12:00 am

Dr.. Salah Abdul Razzaq
From time to time, calls calling for the establishment of a civil state forgetting that the Iraqi state is a civilian state. This indicates the absence of clarity in this constitutional and legal order. Calls to the civil state may become more politically motivated and directed against rival political forces than calls for adoption of constitutional principles
New.
Iraqi laws are civil and not Islamic
The Iraqi constitution establishes a civil state that has highlighted its secular features, elections, the peaceful transfer of power and the existence of constitutional institutions. The electoral process and the change of officials every four years are the principles of modern democracy. It is not an Islamic state, as some justify their call to civilization because the period of rule of the Caliph or the Wali al-Faqih or the Islamic ruler is not defined, but for life.
No one can claim that the constitution is Islamic and the laws in force are Islamic. It is true that the Constitution respects Islam and states in article 2 that Islam is the official religion of the state and is a basic source of legislation. It is not permissible to enact a law that contradicts the principles of Islam. However, in the same article it also stipulates that no law that contradicts the principles of democracy, Contrary to the fundamental rights and freedoms enshrined in the Constitution.
The Islamic parties accepted and voted on the 2005 Constitution, and were a major participant in its formulation. As accepted by the religious authority and prepared by the legal reference of the State Administration. The Constitution represents a document of social and political contract between all Iraqis with their parties, religions, sects and nationalities, and believers in their times. Both Islamists and non-Islamists are obliged to respect and enforce the constitution. Everyone respects the Constitution, at least in theory no one says to work outside the framework of the Constitution.
The new regime after 2003 remained in control of the laws in force since the establishment of the Iraqi state, the majority of which were issued under Saddam's regime. The laws of the civil service, the penal law, the laws of trade, industry, agriculture, municipalities, banks, courts, the armed forces, foreign relations, health, education, higher education, parliament, provincial councils and other laws that the state of Iraq and its institutions and departments currently operate. The personal status law No. 188 of 1959, which deals with family matters, marriage, taboos, birth, divorce, separation, divorce, maintenance, custody, commandment, inheritance, and classes of heirs, is excluded. It also excludes the law of the Awqaf Dependencies, each of which depends on the jurisprudence of the sect to which it belongs. This is common practice in most Muslim countries. There is no Islamic party, political or Islamic Iraqi figure calling for the establishment of an Islamic state in Iraq, despite their belief in the importance of its establishment and the need to establish but because of the complex political and sectarian and demographic situation in Iraq find it difficult to establish.
There is no such speech or text in the Islamic literature after 2003. Yes, there are calls to adhere to Islamic ethics and Islamic beliefs and to obey the Islamic provisions, and to serve people and commitment to justice and equity and help the poor and needy and meet their needs, but no one calls to change the Constitution and the political system to an Islamic state similar to the case of Iran or Saudi Arabia.
On the other hand, there are no criminal provisions according to Islamic law, such as cutting off the hand of the thief, whipping a drinker, drinking, blasphemy, blasphemy, adultery, or wearing hijab. Drinking alcohol or other means is not justified, for example, to dismiss a government official, parliamentarian and others. Alcohol shops and liquor shops are open according to law, despite attacks by some extremist groups. The reasons for the impression of the Islamic state of Iraq that makes some believe that Iraq is an Islamic state arising from the strength of the Islamic trend and its impact on the political scene and the size of the seats of the Islamic parties in parliament and the government. This makes some believe that the Iraqi state is not civilian, and for several reasons: 1 - the strong and wide emergence of Islamic parties, especially Shiites, which have a majority in the Iraqi parliament, and have broad masses in the Iraqi street. 2 - the receipt of important positions by Islamists such as the Presidency of the Ministry and the Presidency of the House of Representatives. 3 - the existence of the reference of Mr. Sistani, whose statements and directives are still announced in the sermons of Jum'a Karbala or from the office of His Eminence. It is also the most powerful religious figure with influence and influence on all politicians, officials, political parties and their popular bases. 4 - Reflecting the celebrations of Shiite events on the state and its institutions and media and manifestations in the streets and squares, especially in the seasons of Ashura and visit the forty and visit the 25 Rajab and other religious seasons where the practice of the Husseini rites at its height to close roads and streets, and the government is forced to protect and provide security through the armed forces. 5 - The participation of some prominent Islamic politicians in a religious ceremony in the presence of Friday prayers or the establishment of the Husseiniya councils. And some are based on Islamic concepts and principles in the speeches and speeches as belonging to this ideological line. And call for the commitment of the moral system in Islam, and to deal with people with wisdom, wisdom and legislation to serve the broad sectors of the people that have been subjected to injustice and deprivation in the past, and the equity of the families of martyrs and victims of terrorism and care and martyrs and wounded crowd and the armed forces. 6 - The large number of satellite channels and Islamic radio stations that broadcast ceremonies and prayers in the holy shrines and the convictions and traditions of Husseinia and the emergence of scholars and preachers give Islamic lectures. All this reflects the size and weight of the Islamists in Iraqi society, and thus typifies the political scene with the Islamic character in general. But this is normal under a constitution that respects the freedoms and rights of all citizens, and allows for political pluralism unchecked. Political and intellectual pluralism The number of parties registered in the Electoral Commission has reached about 300 parties and political entities. And not necessarily all of them are Islamic-oriented, but include nationalist, secular, liberal, communist and other trends. No one has opposed the existence of non-Islamist parties or their participation in elections and governments since 2003. The majority of positions in the Iraqi state received non-Islamists for 14 years. This is a natural result of the size of the seats of each parliamentary bloc, according to the agreements under which the formation of the government. Secularists also have their satellite channels, media channels, newspapers, clubs, organizations, literary, intellectual and political activities. They criticize the Islamists freely in the media and social networking. Some take part in demonstrations against their Islamist rivals and raise slogans against them. On the other hand, some Islamists criticize the performance of some secular figures. This climate is provided by the new political system and freedom of expression guaranteed by the Constitution. There is no requirement of Islam, doctrine or religion and adherence to the pillars of Islam and its rituals in any political or governmental position, except in the field of jurisdiction such as the head of the Waqf or the Secretary of the holy threshold or the imams of Friday and groups. This is normal in all countries of the world, including Western democracies. Conclusion It is clear from the above that the current Iraqi state is a civil state that respects religions, beliefs, freedom of belief, worship, personal freedoms, political participation, religious education, languages ​​and nationalities. The most important of those who believe that the civil state is contradictory and the Islamic parties or religious rites because the civil state is not hostile to religion or doctrine or belief or freedom or rights, but is neutral towards all citizens of different religious, sectarian and national affiliations. Whoever believes that the civil state means atheism and fighting Islamic rituals is far from the meaning of the civil state. It is not possible to claim that the political system is integrated, and that everyone is committed to the law, but the manifestations of financial and administrative corruption are still rampant and partisan and sectarian division of features, and citizens continue to suffer neglect and lack of respect for dignity in many places or improper handling in the government departments and police stations and security controls . The most important of those who believe that the civil state is contradictory and the Islamic parties or religious rites because the civil state is not hostile to religion or doctrine or belief or freedom or rights, but is neutral towards all citizens of different religious, sectarian and national affiliations. Whoever believes that the civil state means atheism and fighting Islamic rituals is far from the meaning of the civil state. It is not possible to claim that the political system is integrated, and that everyone is committed to the law, but the manifestations of financial and administrative corruption are still rampant and partisan and sectarian division of features, and citizens continue to suffer neglect and lack of respect for dignity in many places or improper handling in the government departments and police stations and security controls . The most important of those who believe that the civil state is contradictory and the Islamic parties or religious rites because the civil state is not hostile to religion or doctrine or belief or freedom or rights, but is neutral towards all citizens of different religious, sectarian and national affiliations. Whoever believes that the civil state means atheism and fighting Islamic rituals is far from the meaning of the civil state. It is not possible to claim that the political system is integrated, and that everyone is committed to the law, but the manifestations of financial and administrative corruption are still rampant and partisan and sectarian division of features, and citizens continue to suffer neglect and lack of respect for dignity in many places or improper handling in the government departments and police stations and security controls . Whoever believes that the civil state means atheism and fighting Islamic rituals is far from the meaning of the civil state. It is not possible to claim that the political system is integrated, and that everyone is committed to the law, but the manifestations of financial and administrative corruption are still rampant and partisan and sectarian division of features, and citizens continue to suffer neglect and lack of respect for dignity in many places or improper handling in the government departments and police stations and security controls . Whoever believes that the civil state means atheism and fighting Islamic rituals is far from the meaning of the civil state. It is not possible to claim that the political system is integrated, and that everyone is committed to the law, but the manifestations of financial and administrative corruption are still rampant and partisan and sectarian division of features, and citizens continue to suffer neglect and lack of respect for dignity in many places or improper handling in the government departments and police stations and security controls .



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