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[size=36]Harb presents a proposal that excludes the Federal Court from sectarian influences and ends the disagreement of the jurists[/size]
Political| 12:06 - 12/03/2021
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Baghdad - Mawazine News
, the legal expert, Tariq Harb, presented, on Friday, a proposal that confirms the ruling of the constitution and distances the federal court from sectarian influences and ends the current dispute regarding some articles of its law.
Harb said, in an interview singled out by Mawazine News, that "the proposal of the Judicial Council regarding experts in Islamic jurisprudence and legal scholars includes the application of the constitution provision regarding the formation of the Supreme Court first and does not lead to the tyranny of Islamic jurisprudence experts and legal scholars over the judicial capacity of this court."
He added, "I consider it an independent judicial body, as the constitution has decided to have this characteristic, and provided that there is one expert in Islamic jurisprudence and one law jurist as well, and not more." The expert in Islamic jurisprudence and the jurist of law is intended by the plural, that is, experts in Islamic jurisprudence, jurists of law, and pluralism is intended by the singular.
He pointed out, "The application of this ruling is by making it limited to one member of the court. Secondly, it is an expert in Islamic jurisprudence and one jurist of law, and one and the condition of assuming and administering what is going on regarding the granting of experts of Islamic jurisprudence and legal scholars the right of veto, since the rulings of the Supreme Court are not subject to scrutiny or revocation of any Even the parliament and the presidencies have no authority over the Supreme Court, and there is no higher body than the Supreme Court in all the world, not in our constitution, and there is nothing to invalidate its rulings. The constitution did not address such a strange and strange ruling that some of the political blocs are deliberating in Parliament, so how can such a decision be adopted The dangerous ruling is the authority to veto some decisions of the Supreme Court. "
He stressed that "although the constitution did not include it, and the Supreme Court’s decisions are issued by the required majority, without any privilege of an expert in Islamic jurisprudence or a prerogative of law, they have one vote like the rest of the judges of the Supreme Court."
I propose Harb "a way that moves the one who holds this position away from sectarianism and confirms his independence, and this way is for the differential between the candidates of all the Faculties of Jurisprudence, Fundamentals and Sharia in Iraq with regard to the expert of Islamic jurisprudence and the differentiation between the candidates of all law colleges in Iraq for the jurist of law in all parts of Iraq, where she undertakes all A single nomination college and the Ministry of Higher Education undertakes a lottery among college candidates regardless of the nationality, religion or sect of any candidate. Whoever falls for the lot will be an expert in Islamic jurisprudence and a jurist in the Supreme Court as long as he fulfills the conditions for nomination, such as the conditions of professorship, for example, in the Faculties of Jurisprudence, Sharia, and Fundamentals for an expert Islamic jurisprudence, as well as the professorship requirement for a candidate of each law college, for example for a jurist, thus we get rid of the sectarian influence and avoid the current sectarian dispute of the members of the court and we reached the best choice, so our court will be the model among the supreme courts in the world. '' Ended 29 / H
, the legal expert, Tariq Harb, presented, on Friday, a proposal that confirms the ruling of the constitution and distances the federal court from sectarian influences and ends the current dispute regarding some articles of its law.
Harb said, in an interview singled out by Mawazine News, that "the proposal of the Judicial Council regarding experts in Islamic jurisprudence and legal scholars includes the application of the constitution provision regarding the formation of the Supreme Court first and does not lead to the tyranny of Islamic jurisprudence experts and legal scholars over the judicial capacity of this court."
He added, "I consider it an independent judicial body, as the constitution has decided to have this characteristic, and provided that there is one expert in Islamic jurisprudence and one law jurist as well, and not more." The expert in Islamic jurisprudence and the jurist of law is intended by the plural, that is, experts in Islamic jurisprudence, jurists of law, and pluralism is intended by the singular.
He pointed out, "The application of this ruling is by making it limited to one member of the court. Secondly, it is an expert in Islamic jurisprudence and one jurist of law, and one and the condition of assuming and administering what is going on regarding the granting of experts of Islamic jurisprudence and legal scholars the right of veto, since the rulings of the Supreme Court are not subject to scrutiny or revocation of any Even the parliament and the presidencies have no authority over the Supreme Court, and there is no higher body than the Supreme Court in all the world, not in our constitution, and there is nothing to invalidate its rulings. The constitution did not address such a strange and strange ruling that some of the political blocs are deliberating in Parliament, so how can such a decision be adopted The dangerous ruling is the authority to veto some decisions of the Supreme Court. "
He stressed that "although the constitution did not include it, and the Supreme Court’s decisions are issued by the required majority, without any privilege of an expert in Islamic jurisprudence or a prerogative of law, they have one vote like the rest of the judges of the Supreme Court."
I propose Harb "a way that moves the one who holds this position away from sectarianism and confirms his independence, and this way is for the differential between the candidates of all the Faculties of Jurisprudence, Fundamentals and Sharia in Iraq with regard to the expert of Islamic jurisprudence and the differentiation between the candidates of all law colleges in Iraq for the jurist of law in all parts of Iraq, where she undertakes all A single nomination college and the Ministry of Higher Education undertakes a lottery among college candidates regardless of the nationality, religion or sect of any candidate. Whoever falls for the lot will be an expert in Islamic jurisprudence and a jurist in the Supreme Court as long as he fulfills the conditions for nomination, such as the conditions of professorship, for example, in the Faculties of Jurisprudence, Sharia, and Fundamentals for an expert Islamic jurisprudence, as well as the professorship requirement for a candidate of each law college, for example for a jurist, thus we get rid of the sectarian influence and avoid the current sectarian dispute of the members of the court and we reached the best choice, so our court will be the model among the supreme courts in the world. '' Ended 29 / H
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