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[size=36]The national approach rejects the objections to the addition of Islamic jurisprudence in the Federal Court[/size]
Political| 03:55 - 17/03/2021
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Baghdad - Mawazine News
The National Approach bloc rejected, on Wednesday, the objections to the membership of Islamic jurisprudence experts in the Federal Court.
The head of the bloc, Ammar Tohme, said in a statement that Mawazine News received a copy of: “We heard objections to the presence of Islamic jurisprudence experts in the formation of the Federal Court, and the objectors’ justifications are not arrogant and clear of weakness, and we explain this in the following:
1. The text of Article 92 of the constitution is explicit in making experts of jurisprudence Judges and jurists are in one rank and presentation and subscribe to one judgment. All the components of the court (jurisprudence experts, judges, jurists of law) are the same in its application to it, and the application of the provision of the constitutional article and the imposition of exceptions in its application to the components of the aforementioned court is due diligence and interpretation in exchange for an explicit and clear text.
2. Article Two of the Constitution stipulates (It is not permissible to enact a law that contradicts the fundamentals of Islam) and the guarantee mechanism for realizing the content of this text is done through the presence of those with subtle specialization, scientific experience and long anchors in practicing the process of jurisprudential deduction that has been stalled on specialized in-depth study and teaching for decades and in various different Basic sciences and knowledge, which are not available to other members of the court in order to be able to perform the tasks of experts in Islamic jurisprudence
3. Some of them measured the position of the experts mentioned in the Evidence Law and the Law of Experts before the Judiciary with the position of Islamic jurisprudence experts measuring the difference completely. The expert referred to in those laws is closer to the witness who is documented in providing his testimony on his intuition. The law allows the judge to reject the expert’s testimony and appoint others in case His lack of conviction in the determination of his experience, but rather that the court denies its need to seek the assistance of an expert in the first place, and where is this talk and how is it equated with a clear constitutional text that made jurisprudence experts in the same rank and participation in the ruling in membership and composition of the Federal Court with judges, but rather the constitution stipulated them by combining the two articles of the constitution No. (2) and No. (92) made their decision the one approved in the adjudication of cases related to the unconstitutionality of laws because they contradict the established provisions of Islam.
4. The opinion of the experts of basic jurisprudence focuses on challenging laws that are inconsistent with the established provisions of Islam, and it is not their job to participate in lawsuits related to the rest of the court's powers mentioned in Article 93, given that these competencies are closer to the specialization of judges while fulfilling the rest of the conditions of honesty and fairness in conduct. General, and the same provision applies to the limitation of the jurisdiction of consideration to the extent of congruence or incompatibility of legislation with the constants of the provisions of Islam by experts of Islamic jurisprudence, as they are the people of specialization in this field.
5. The objection that some of them pointed out is that Islam is the religion of the state and not its system, and it is reinforced by this wrong interpretation by rejecting the presence of experts in Islamic jurisprudence in the Federal Court .. The error of this statement is clear and clear and does not need more supplies in answering it. Paying attention to the perception of the meaning of the state and the meaning of the system and knowing the percentage of the relationship between them, which is the absolute generalness of the state by analogy with the system.
The National Approach bloc rejected, on Wednesday, the objections to the membership of Islamic jurisprudence experts in the Federal Court.
The head of the bloc, Ammar Tohme, said in a statement that Mawazine News received a copy of: “We heard objections to the presence of Islamic jurisprudence experts in the formation of the Federal Court, and the objectors’ justifications are not arrogant and clear of weakness, and we explain this in the following:
1. The text of Article 92 of the constitution is explicit in making experts of jurisprudence Judges and jurists are in one rank and presentation and subscribe to one judgment. All the components of the court (jurisprudence experts, judges, jurists of law) are the same in its application to it, and the application of the provision of the constitutional article and the imposition of exceptions in its application to the components of the aforementioned court is due diligence and interpretation in exchange for an explicit and clear text.
2. Article Two of the Constitution stipulates (It is not permissible to enact a law that contradicts the fundamentals of Islam) and the guarantee mechanism for realizing the content of this text is done through the presence of those with subtle specialization, scientific experience and long anchors in practicing the process of jurisprudential deduction that has been stalled on specialized in-depth study and teaching for decades and in various different Basic sciences and knowledge, which are not available to other members of the court in order to be able to perform the tasks of experts in Islamic jurisprudence
3. Some of them measured the position of the experts mentioned in the Evidence Law and the Law of Experts before the Judiciary with the position of Islamic jurisprudence experts measuring the difference completely. The expert referred to in those laws is closer to the witness who is documented in providing his testimony on his intuition. The law allows the judge to reject the expert’s testimony and appoint others in case His lack of conviction in the determination of his experience, but rather that the court denies its need to seek the assistance of an expert in the first place, and where is this talk and how is it equated with a clear constitutional text that made jurisprudence experts in the same rank and participation in the ruling in membership and composition of the Federal Court with judges, but rather the constitution stipulated them by combining the two articles of the constitution No. (2) and No. (92) made their decision the one approved in the adjudication of cases related to the unconstitutionality of laws because they contradict the established provisions of Islam.
4. The opinion of the experts of basic jurisprudence focuses on challenging laws that are inconsistent with the established provisions of Islam, and it is not their job to participate in lawsuits related to the rest of the court's powers mentioned in Article 93, given that these competencies are closer to the specialization of judges while fulfilling the rest of the conditions of honesty and fairness in conduct. General, and the same provision applies to the limitation of the jurisdiction of consideration to the extent of congruence or incompatibility of legislation with the constants of the provisions of Islam by experts of Islamic jurisprudence, as they are the people of specialization in this field.
5. The objection that some of them pointed out is that Islam is the religion of the state and not its system, and it is reinforced by this wrong interpretation by rejecting the presence of experts in Islamic jurisprudence in the Federal Court .. The error of this statement is clear and clear and does not need more supplies in answering it. Paying attention to the perception of the meaning of the state and the meaning of the system and knowing the percentage of the relationship between them, which is the absolute generalness of the state by analogy with the system.
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