The judiciary publishes an article about the Federal Court and controversial experts of jurisprudence
- Time: 03/18/2021 11:41:09
- Read: 2,366 times
[You must be registered and logged in to see this image.]
{Local: Al Furat News} The Supreme Judicial Council published an article about the Federal Court and jurisprudence experts.
Al-Mukhtasar al-Mufid .. In important news, you can find it on the Al Furat News channel on the Telegram .. [You must be registered and logged in to see this link.]
Researcher and thinker Rahim Abu Ragheef said in an article published by the judiciary on his website today: “The Federal Court’s law sparked a heated debate in the Iraqi scene in general and the specialists in particular. The Federal Court as the judicial body that is competent in adjudicating constitutional disputes in accordance with Article 93 of the Constitution, which is With this description the importance of it and the seriousness of its final and binding decisions becomes clear, and this is what prompted the constitution to introduce a term that does not identify with the nature of the constitutional context for the members of the court from among the judges, and perhaps the legislator wanted to justify the existence of (experts in jurisprudence) by what some (fathers) expressed.
He added, "Al-Dustoury, which is a strange expression for the work of the judiciary in general, as the function of the judiciary is to apply laws and deal with their interpretation is normative, and perhaps the legislator did not pay attention to the nature of the diversity and pluralism that make up the Iraqi people, whose problems can only be completed by sponsoring the principle of (citizenship), including its meaning. And the presence of (experts) can be answered in no way:
First: Standardization, what is the criterion for defining an expert in jurisprudence?
Second: The multiplicity of opinions and perceptions of jurisprudence according to schools and schools of thought and trends, and this reflects a clear division in the construction of decisions, especially since the law to be enacted grants experts of jurisprudence the right to full membership in the rest of the judiciary, and this is confusion and disturbance in the work of the judge !!
Abu Ragheef added, "We do not fail to pay attention to the fact that a large part of the judiciary’s adoption does not intersect with Sharia according to the laws in force, that is, the judge can do what is required of Sharia experts or jurisprudence experts, and it may not be possible for experts to be aware of the judge’s work and his strict academic vision."
Third: The term experts of jurisprudence does not exist except in the constitutional text. As for the literature of traditional schools of jurisprudence, this term does not exist, and accordingly, the body that calls the expert is a specialized academic body that adopts clear and specific standards!
And he continued, "As for the nomination of experts by the two endowments, it is necessary from this that they are employees of an institution affiliated with the executive authority and subject to quotas, and thus this matter raises suspicion in the decisions in question!
Fourth: Jurisprudence institutions were not officially named and accredited except with some Muslim schools and the multiplicity of references, so how is it done?" Looking at non-Muslims in a country full of diversity and this increases the level of congestion and marginalization. The
thinker went on to say: “In addition to what suggests contradiction or even contradiction with Article 88 of the Constitution, and above all, the presence of experts in jurisprudence leads us to the conflict between sub-identities ( Constituency) and identities (national citizenship) ?!
He concluded by saying: "It is possible for the Iraqi legislator to go to a haven that would distance us from this impasse and its repercussions."
Ammar Al-Masoudi
[You must be registered and logged in to see this link.]
{Local: Al Furat News} The Supreme Judicial Council published an article about the Federal Court and jurisprudence experts.
Al-Mukhtasar al-Mufid .. In important news, you can find it on the Al Furat News channel on the Telegram .. [You must be registered and logged in to see this link.]
Researcher and thinker Rahim Abu Ragheef said in an article published by the judiciary on his website today: “The Federal Court’s law sparked a heated debate in the Iraqi scene in general and the specialists in particular. The Federal Court as the judicial body that is competent in adjudicating constitutional disputes in accordance with Article 93 of the Constitution, which is With this description the importance of it and the seriousness of its final and binding decisions becomes clear, and this is what prompted the constitution to introduce a term that does not identify with the nature of the constitutional context for the members of the court from among the judges, and perhaps the legislator wanted to justify the existence of (experts in jurisprudence) by what some (fathers) expressed.
He added, "Al-Dustoury, which is a strange expression for the work of the judiciary in general, as the function of the judiciary is to apply laws and deal with their interpretation is normative, and perhaps the legislator did not pay attention to the nature of the diversity and pluralism that make up the Iraqi people, whose problems can only be completed by sponsoring the principle of (citizenship), including its meaning. And the presence of (experts) can be answered in no way:
First: Standardization, what is the criterion for defining an expert in jurisprudence?
Second: The multiplicity of opinions and perceptions of jurisprudence according to schools and schools of thought and trends, and this reflects a clear division in the construction of decisions, especially since the law to be enacted grants experts of jurisprudence the right to full membership in the rest of the judiciary, and this is confusion and disturbance in the work of the judge !!
Abu Ragheef added, "We do not fail to pay attention to the fact that a large part of the judiciary’s adoption does not intersect with Sharia according to the laws in force, that is, the judge can do what is required of Sharia experts or jurisprudence experts, and it may not be possible for experts to be aware of the judge’s work and his strict academic vision."
Third: The term experts of jurisprudence does not exist except in the constitutional text. As for the literature of traditional schools of jurisprudence, this term does not exist, and accordingly, the body that calls the expert is a specialized academic body that adopts clear and specific standards!
And he continued, "As for the nomination of experts by the two endowments, it is necessary from this that they are employees of an institution affiliated with the executive authority and subject to quotas, and thus this matter raises suspicion in the decisions in question!
Fourth: Jurisprudence institutions were not officially named and accredited except with some Muslim schools and the multiplicity of references, so how is it done?" Looking at non-Muslims in a country full of diversity and this increases the level of congestion and marginalization. The
thinker went on to say: “In addition to what suggests contradiction or even contradiction with Article 88 of the Constitution, and above all, the presence of experts in jurisprudence leads us to the conflict between sub-identities ( Constituency) and identities (national citizenship) ?!
He concluded by saying: "It is possible for the Iraqi legislator to go to a haven that would distance us from this impasse and its repercussions."
Ammar Al-Masoudi
[You must be registered and logged in to see this link.]
Today at 4:13 pm by Rocky
» MM&C 9/29/24 What after the closure of the currency auction at the Central Bank of Iraq?
Today at 11:48 am by Rocky
» MM&C 9/29/24 "THE EXPECTED PATH OF THE IRAQI ECONOMY"
Today at 7:14 am by Rocky
» utube 9/28/24 MM&C IQD Update News -Iraq PM - $83 Billion 3 Years - Stability - Global Contracts -
Today at 7:12 am by Rocky
» utube MM&C 9/26/24 Iraq Dinar News-Iraq Plans Redenomination of Currency-Value of it Related-Elect
Today at 7:11 am by Rocky
» Advisor to the Prime Minister rules out a decline in gold prices in the coming period..and explains
Today at 7:03 am by Rocky
» Legal expert: If it weren't for the Security Council's collusion, the Zionist entity would have been
Today at 6:59 am by Rocky
» Minister of Planning announces field progress in preparations for the census
Today at 6:58 am by Rocky
» Proposal before the government to form an economic and security crisis cell
Today at 6:56 am by Rocky
» Al-Karawi: The government's ignoring of the resistance's request is a betrayal of the blood of the m
Today at 6:55 am by Rocky
» Iraq is the fourth largest importer from Türkiye during the past month
Today at 6:53 am by Rocky
» The Prime Minister directs that Lebanese citizens wishing to come to Iraq be granted fast travel doc
Today at 6:50 am by Rocky
» US releases founder of cryptocurrency exchange Binance
Today at 6:48 am by Rocky
» The Central Bank of Iraq issues a warning to exchange companies regarding the sale of dollars
Today at 6:46 am by Rocky
» The Central Bank of Iraq sells more than $ 258 million in today's auction
Today at 6:45 am by Rocky
» Launching of aid and scholarship salaries this week
Today at 6:43 am by Rocky
» Karbala begins implementing 154 projects
Today at 6:42 am by Rocky
» Next Tuesday.. Closing of the application for the central admission form
Today at 6:40 am by Rocky
» Service effort: Including the capital and 4 governorates in next year’s plans
Today at 6:39 am by Rocky
» Rafidain Bank issues instructions for granting real estate loans
Today at 5:25 am by Rocky
» The expected path of the Iraqi economy
Today at 5:23 am by Rocky
» Experts: Population census shapes economic policies and directs investments
Today at 5:22 am by Rocky
» Central Bank records more than $1 billion in currency sales in a week
Today at 5:20 am by Rocky
» The Central Bank of Iraq warns exchange companies that sell dollars to travelers from receiving a co
Today at 5:19 am by Rocky
» Iraq under the microscope.. Will Baghdad succeed in avoiding regional conflict after the assassinati
Today at 5:17 am by Rocky
» Al-Sudani makes a phone call to the Lebanese Prime Minister
Today at 5:14 am by Rocky
» How will developments in Lebanon affect the Iraqi economy and the oil market?
Today at 5:13 am by Rocky
» The position of the Speaker of Parliament and developments in the region on the table of Masoud Barz
Today at 5:06 am by Rocky
» Targeting of an American base in Syria by Iraqi factions
Today at 5:05 am by Rocky
» Official: Border shelling targeted Iraqi faction, reports of casualties
Today at 5:04 am by Rocky
» How much is Iraq's external debt in light of the fluctuation in oil prices?
Today at 5:02 am by Rocky
» Iraq is not far from war.. Will the factions enter into a confrontation with Israel?
Today at 5:01 am by Rocky
» Outcomes of the Coordination Framework Meeting in the Presence of Al-Sudani
Today at 5:00 am by Rocky
» Al-Sudani renews to Mikati Iraq's firm position in supporting Lebanon and standing with it
Today at 4:57 am by Rocky
» Iraq's oil exports to US rise in a week
Today at 4:56 am by Rocky
» 5 governorates on the 2025 service effort plan
Today at 4:53 am by Rocky
» Dollar exchange rates in Iraqi stock exchanges today
Today at 4:52 am by Rocky
» Drug Law Amendments: No Life Sentences Anymore... Trade and Agriculture Will Be Faced with "Death Pe
Today at 4:50 am by Rocky
» A long-awaited historic position... When will the coalition forces leave Iraq?
Today at 4:48 am by Rocky
» Warnings of an imminent economic danger... and the alternative solution is taxes!
Today at 4:46 am by Rocky
» Dilapidated buildings and shortages... Iraq needs new schools!
Today at 4:44 am by Rocky
» Iraq is the second Gulf country to award contracts worth more than $2 billion
Yesterday at 10:23 am by Rocky
» Intensive US movements on the Iraqi-Syrian border.. Where is the situation heading? - Urgent
Yesterday at 10:20 am by Rocky
» Iraqi Minister of Water Resources speaks to Al Jazeera Net about solutions to the water crisis
Yesterday at 10:15 am by Rocky
» Iraqi Foreign Ministry: Expanding the scope of war in the region leads to serious consequences
Yesterday at 5:16 am by Rocky
» /Information/ reveals the location of the Rafidain Bank robbers in Ramadi
Yesterday at 5:15 am by Rocky
» Al-Sudani Office for /Al-Maalouma/: Foreign workers threaten graduates
Yesterday at 5:14 am by Rocky
» Foreign Minister invites his Venezuelan counterpart to visit Baghdad
Yesterday at 5:12 am by Rocky
» "Government" real estate loans with amounts up to 150 million dinars.. Conditions and details
Yesterday at 5:10 am by Rocky
» Setting a date to launch 102 investment opportunities in Iraq
Yesterday at 5:07 am by Rocky
» Bitcoin Set to Post Best September Ever on Rate Cut
Yesterday at 5:06 am by Rocky
» What is the truth about the existence of a naval embargo imposed on Iraq?
Yesterday at 5:04 am by Rocky
» More than $70 million in Iraqi imports of Indian tea
Yesterday at 5:03 am by Rocky
» Oil price decline: Impact hits new groups in Iraq
Yesterday at 5:02 am by Rocky
» Parliamentary Finance to NINA: The decline in global oil prices will not affect employees’ salaries
Yesterday at 5:00 am by Rocky
» Al-Hakim: Investing in tourism as one of the sources of financial revenues for the state
Yesterday at 4:59 am by Rocky
» From Najaf Al-Ashraf.. The Minister of Labor announces the completion of the procedures for issuing
Yesterday at 4:58 am by Rocky
» Parliamentary Finance to NINA: The decline in global oil prices will not affect employees’ salaries
Yesterday at 4:56 am by Rocky
» 19,000 dinars difference from the official price.. The dollar falls slightly in Baghdad
Yesterday at 4:52 am by Rocky
» Al-Asadi: We call on citizens to invest in the retirement and social security law
Yesterday at 4:51 am by Rocky
» “Worth $4 billion”: Iran exports engineering services to Iraq
Yesterday at 4:48 am by Rocky
» US, Iraq agree to end 'alliance' in September 2025
Yesterday at 4:46 am by Rocky
» New tax will push house prices up, Iraq's real estate market into recession
Yesterday at 4:45 am by Rocky
» It is black and includes Iraq.. Netanyahu waves the “curse map” before the United Nations
Yesterday at 4:43 am by Rocky
» “The wiretapping scandal” complicates the political scene.. The second term is far from Al-Sudani
Yesterday at 4:42 am by Rocky
» Suspicions surround hospital projects.. Is corruption hindering the Chinese agreement in Iraq?
Yesterday at 4:41 am by Rocky
» Statement issued by the media office of Dr. Iyad Allawi
Yesterday at 4:39 am by Rocky
» Faeq Zidane: The jurisdiction of law and judiciary is a constitutional and legal jurisdiction
Yesterday at 4:37 am by Rocky
» Sudanese arrives in Baghdad
Yesterday at 4:36 am by Rocky
» Planning: Completion of 70% of inventory and numbering work in Kirkuk
Yesterday at 4:34 am by Rocky
» Rafidain Bank announces granting real estate loans to three categories
Yesterday at 4:33 am by Rocky
» Dollar price today
Yesterday at 4:32 am by Rocky
» Netanyahu enters with maps and attendees leave the General Assembly session.. What did he mention Ir
Yesterday at 4:29 am by Rocky
» The historic agreement on international withdrawal... a turning point in the path of Iraqi sovereign
Yesterday at 4:27 am by Rocky
» Includes citizens, employees and retirees.. A real estate loan from Rafidain worth 150 million dinar
Yesterday at 4:24 am by Rocky
» Does it include an American withdrawal? Two important indications in the statement "ending the missi
Yesterday at 4:22 am by Rocky
» Dollar exchange rates drop in Iraqi stock exchanges
Yesterday at 4:21 am by Rocky
» Will the drop in oil affect only employees' salaries or all segments of society?
Yesterday at 4:19 am by Rocky
» North Carolina removes 747,000 from voter rolls
Fri 27 Sep 2024, 5:03 pm by Bama Diva
» The full extent of the Biden-Harris criminal alien invasion REVEALED
Fri 27 Sep 2024, 4:32 pm by Bama Diva
» utube 9/24/24 MM&C Iraqi Dinar News-IRAQ-INTERNATIONALISM NY-2023 to 2029 Road Map - Social- Finan
Fri 27 Sep 2024, 7:17 am by Rocky
» Hanoun calls for benefiting from the Chinese economic experience and linking the Silk Road between t
Fri 27 Sep 2024, 7:12 am by Rocky
» Gulf-American statement directs a strict request to Iraq
Fri 27 Sep 2024, 7:10 am by Rocky
» Conflict escalates in the Middle East, warning of Iraq slipping deeper into confrontation
Fri 27 Sep 2024, 7:08 am by Rocky
» EU 'concerned' over increasing executions in Iraq
Fri 27 Sep 2024, 7:05 am by Rocky
» Mustafa Sand: The judiciary has proven the “wiretapping” issue, and Al-Sudani’s brother is involved
Fri 27 Sep 2024, 7:04 am by Rocky
» Parliamentary Committee Talks in Numbers About Iraq’s Water Crisis with Türkiye and Proposes a Solut
Fri 27 Sep 2024, 7:01 am by Rocky
» Why did the Central Bank hesitate to implement the measures taken against Iraqi private banks?
Fri 27 Sep 2024, 7:00 am by Rocky
» US State Department: Announcement of agreement on the future of the international coalition from Ira
Fri 27 Sep 2024, 6:58 am by Rocky
» Housing Crisis in Iraq: “Ambitious” Government Plans and Fears of Monopoly
Fri 27 Sep 2024, 6:55 am by Rocky
» Will privatization save Iraq's economy or open the door to corruption?
Fri 27 Sep 2024, 6:52 am by Rocky
» Parliament: Agreement with the regional government to review its oil contracts to adapt them constit
Fri 27 Sep 2024, 6:51 am by Rocky
» Interior Minister: Iraq is free of drug factories
Fri 27 Sep 2024, 6:50 am by Rocky
» Anbar Alliance: Halbousi clings to power because he fears opening major files against him
Fri 27 Sep 2024, 6:48 am by Rocky
» Rising prices of oil derivatives in Kurdistan.. reasons and goals
Fri 27 Sep 2024, 6:46 am by Rocky
» Economist calls on the government to resort to tax exemption
Fri 27 Sep 2024, 6:45 am by Rocky
» Iraqi Oil Company for Investment and Pricing of Raw Gas Produced
Fri 27 Sep 2024, 6:44 am by Rocky
» Increase in activity at Mandali border crossing during the current year
Fri 27 Sep 2024, 6:43 am by Rocky
» MP: New cities map will include eight governorates next year
Fri 27 Sep 2024, 6:42 am by Rocky