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Sunday 18 August 2019 - 12:55[/rtl]
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Federal: Personal Status Law No. 188 has gained constitutional status
Sunday 18 August 2019 - 12:55[/rtl]
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Federal
The Federal Supreme Court on Sunday dismissed the lawsuit against personal status law No. 188 of 1959, pointing out that the law gained its constitutional character after addressing the issue of inheritance in 1963.
"The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the presence of judges, all members of the court, and the hearing of the case against the plaintiff, the speaker of the House of Representatives / in addition to his job," said court spokesman Ayas al-Samouk.
He added, "The plaintiff challenged the unconstitutionality of the Personal Status Law No. (188) of 1959 issued under the Iraqi Interim Constitution of 1958, as a member of the Sovereignty Council did not sign it at the time, so that according to his description by the plaintiff is considered unconstitutional law." .
He explained that "the defendant asked to dismiss the case, and stressed that the Personal Status Law contested unconstitutional is the legislation in force and based on the provisions of Article (130) of the Constitution."
He pointed out that "the Federal Supreme Court found that the law was subject to appeal under the provisional constitution of 1958, has failed one of the members of the Council of sovereignty at the time to put his signature against the article on the equality of the inheritance of women to inheritance of men using the provisions of the transition civil Code".
He pointed out that "the court confirmed to address this point with subsequent legislative intervention under Law No. (11) of 1963 (the First Amendment Law of the Personal Status Law), where the provisions of the inheritance of women returned to what they were before the issuance of the Personal Status Law."
Al-Samouk pointed out that "the court found after this amendment the law became constitutional, because this amendment and the subsequent amendments have been issued under the constitutions in force in accordance with the procedures laid down in those constitutions." He stressed, "The court stated that headquarters is aware that the amendment to a law from a constitutionally competent authority to issue the amendment means the recognition of the constitutionality of the law signed by the amendment, and this is what happened to the Personal Status Law subject to challenge the unconstitutionality."
He concluded by saying that "the Federal Supreme Court confirmed that the claim to violate some of the provisions of the law constants of the provisions of Islam, it needs to be decided by an authorized body to prove the violation of the constants adopted, and accordingly dismissed the case for not based on the basis of the Constitution and the law."
He added, "The plaintiff challenged the unconstitutionality of the Personal Status Law No. (188) of 1959 issued under the Iraqi Interim Constitution of 1958, as a member of the Sovereignty Council did not sign it at the time, so that according to his description by the plaintiff is considered unconstitutional law." .
He explained that "the defendant asked to dismiss the case, and stressed that the Personal Status Law contested unconstitutional is the legislation in force and based on the provisions of Article (130) of the Constitution."
He pointed out that "the Federal Supreme Court found that the law was subject to appeal under the provisional constitution of 1958, has failed one of the members of the Council of sovereignty at the time to put his signature against the article on the equality of the inheritance of women to inheritance of men using the provisions of the transition civil Code".
He pointed out that "the court confirmed to address this point with subsequent legislative intervention under Law No. (11) of 1963 (the First Amendment Law of the Personal Status Law), where the provisions of the inheritance of women returned to what they were before the issuance of the Personal Status Law."
Al-Samouk pointed out that "the court found after this amendment the law became constitutional, because this amendment and the subsequent amendments have been issued under the constitutions in force in accordance with the procedures laid down in those constitutions." He stressed, "The court stated that headquarters is aware that the amendment to a law from a constitutionally competent authority to issue the amendment means the recognition of the constitutionality of the law signed by the amendment, and this is what happened to the Personal Status Law subject to challenge the unconstitutionality."
He concluded by saying that "the Federal Supreme Court confirmed that the claim to violate some of the provisions of the law constants of the provisions of Islam, it needs to be decided by an authorized body to prove the violation of the constants adopted, and accordingly dismissed the case for not based on the basis of the Constitution and the law."
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