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Judicial System
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Judicial System

the law of Iraq  is composed of the entactments of the Parliament and. to a lesser  extent, of the acts, orders-in-council and ordinances that remain from the period of the British Mandate in Iraq (1918-1922). The pre-1922 law has largely been replaced, amended or reorganized, in the interests  of codification, by Iraqi legislation.
This legislation generally follows a pattern which is very similar to that operating in England and the USA.
 
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JUDICIAL SYSTEM
 
the law of Iraq is composed of the enactments of the parliament and to a lesser extent, of the acts, orders in council and ordinances that remain from the period of the British Mandate in Iraq.
 
A pattern similar to that operation in England and the USA.
 
CIVIL COURTS
 
The Supreme Court: this is the highest judicial authority in the state. it has jurisdiction as an appellate court over appeals from the District Courts in all matters, both civil and and criminal (sitting as a court of civil Appeal or as a court of Criminal Appeal). In addition it is a court of first instance ( sitting as the high court of justice) in actions against governmental authorities, and in matters in which it considers it necessary to grant self relief in the interests of justice, and which are not within the jurisdiction of any court or tribunal.  the High Courts' exclusive power to issue orders in the nature of habeas corpus, mandamus, prohibition and certiorari enables the court to review the legality of and redress grievances against acts of administrative authorities of all kinds and religious tribunals.
 
President of the Supreme Court:----------------------------
 
Deputy President of the Supreme Court:-----------------------------
 
Justices of the Supreme Court:------------------------------
 
Registrar:---------------------------
 
 
The District Courts: there are 14 District Courts : Mosul, Erbil, Tikrit, Kirkuk, Baquba, Baghdad, Ramadi, Babil, Kut, Nasiriya, Amara, Samawa, Diwaniya, Basrah.
 
they have residualjurisdiction as courts of first instance over all civil and criminal matters not within the jurisdiction of a Magistartes court, all matters not within the exclusive jurisdiction of any other tribunal, and matters within the concurrent jurisdiction of any other tribunal so long as such tribunal does not deal with them. In addition ,the District courts have appellate jurisdiction over appeals from judgements and decisions of magistrates' courts and judgements of Municipal Courts and various administrative tribunals.
 
Magistartes' Courts: These are 28 Magistrate's courts, having criminal jurisdiction to try contraventions, misdemeanours and certain felonies, and civil jurisdiction to try actions concerning posessions or use of  immovable property, or the partition thereof whatever may be the value of the subject matter of the action, and other civil claims not exceeding 450,000 New Iraqi Dinars.
 
 
Labour Courts: Regional labour courts in Mosul, Erbil, Tikrit, Kirkuk, Baquba, Baghdad, Ramadi, Babil, Kut, Nasiriya, Amara, Samawa, Diwaniya,and Basrah, composed of judges  and representatives of the public. A National Labour Court in Baghdad, Presided over by A Judge _________________
 
the courts have jurisdiction over all matters arising out of the relationship between employers and employees or parties to a collective labour agreement, and matters concerning the National Insurance law and the labour law and rules.
 
Religious Courts:
 
the Religious courts are the courts of the recognized religious communities. they have jurisdiction over certain defined mattres of personal status concerning mambers of their respective communities. where any action of personal status involves persons of different religious communities , the presidnet of the supreme court decides which court will decide the matter.
whenever a question arises as to whether or not a case is one of personal status within the exclusive jurisdiction of a relegious court, the matter must be referred to a special tribunal composed of two justices of the supreme court and the president of the highest court of the religious comunity concerned in Iraq.
 
The judgements of the Religious courts are executed by the process and offices of the civil courts. Neither these courts nor the civil courts have jurisdiction to dissolve the marriage of a foreign subject.
 
Sunni Religious Courts: these courts have exclusive jurisdiction over matters of marriage and divorce of Sunnis who are not foreigners, subject by law to the jurisdiction of Sunni Religious courts in such matters. In all other matters of personal status they have concurrent jurisdiction with the District Courts.
 
Shiite Religious Courts: 
 

These courts have exclusive jurisdiction over matters of marriage and divorce of Shiites who are not foreigners, and who are foreigner's subject by their national law to the jurisdiction of the Shiite Religious courts in such matters. In all other matters of personal status they have concurrent jurisdiction with the District Courts.

 

Christian Religious Courts:  The courts of the recognized Christian communities have

Exclusive jurisdiction over matters of marriage and divorce of members of their communities who are not foreigners. In all other matters of personal status they have concurrent jurisdiction with the District Courts.

 

Jewish Rabbinical Courts:  These courts have exclusive jurisdiction over matters of marriage and divorce of Jews in Iraq who are Iraqi citizens or residents.   

In all other matters of personal status they have concurrent jurisdiction with the District Courts.

 
Yezidi relegious Courts:  these courts have exclusive jurisdiction over matters of marriage and divorce of the Yezidi communities in iraq who are Iraqi Citizens, In all other matters of personal status they have concurrent jurisdiction with the Disrtrict courts.
 
Sabian Religious Courts: these courts have exclusive jurisadiction over matters of marriage and divorce of the Sabian communities in Iraq and who are Iraqi citizens, in all other matters of personal status they have concurrent jurisdiction with the District Courts.
 

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