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.