Array
(
    [fullTitle] => IRAQI CONSTITUTION: ADVANCING THE DIALOGUE OF RELIGIOUS FREEDOM
    [abstract] => 
The Iraqi constitution of 2005 grants freedom of religious thought, belief and practice for all religions. This study was also based on the premise that the constitutional rights are not adhered to in Iraq, even by government officials, which could be due to the absence of suitable legislations subsequent to the framing of the constitutional provisions. An analytical and descriptive research design was adopted for this study. Data was collected from primary and secondary sources through documentation research and evaluation of historical sources. The primary data comprised Articles of the Iraqi constitution, and a few national and international legal instruments related to religious freedom. Secondary data included empirical research studies, books, articles and other published sources. This study therefore took the form of an empirical legal research as it involved the issues of constitutional reforms in the field of religious freedom. A comparative approach was adopted in analyzing the documents about religion and politics related to both the Arab region and the West. The focus was on the measures that should be adopted to advance the dialogues of religious freedom and maintain religious neutrality in all government policies. The study found out that there were apparent contradictions between the constitutional provisions and the State Laws. Similarly, the Iraqi civil and penal codes remain silent regarding legal remedies for the violation of constitutional provisions.

    [authors] => Array
        (
            [0] => Array
                (
                    [givenName] => Ghaleb Yassin Farhan Matalak
                    [affiliation] => college of education/ Al-Kitab University/Iraq 
                )

            [1] => Array
                (
                    [givenName] => Mohammed Abdulkreem Salim
                    [affiliation] => Al-Manara College for Medical Sciences/(Maysan)/Iraq 
                )

            [2] => Array
                (
                    [givenName] => Mohamed Hameed
                    [affiliation] => college of Law/Al-Farahidi University/Baghdad/Iraq
                )

            [3] => Array
                (
                    [givenName] => Wissam Mohammed Hassan Algaragolle
                    [affiliation] => Law Department, Al-Nisour University College/Iraq
                )

            [4] => Array
                (
                    [givenName] => Saad Ghazi Talib
                    [affiliation] => Law Department, Al-Mustaqbal University College, Babylon, Iraq 
                )

            [5] => Array
                (
                    [givenName] => Yusra Mohammed Ali
                    [affiliation] => Department of Medical Laboratory Technics, Al-Zahrawi University College, Karbala, Iraq
                )

            [6] => Array
                (
                    [givenName] => Emad Mohamed Saleh
                    [affiliation] => Mazaya University College/ Iraq
                )

            [7] => Array
                (
                    [givenName] => Mohammed Suleiman
                    [affiliation] => Department of Law, AlNoor University College, Bartella, Iraq
                )

            [8] => Array
                (
                    [givenName] => Sabri Kareem Sabri
                    [affiliation] => Al-Esraa University College, Baghdad, Iraq
                )

        )

    [keywords] => Array
        (
            [0] => Iraqi constitution, Iraqi legislation, legal research, religious freedom
        )

    [doi] => 10.24204/ejpr.2023.4120
    [datePublished] => 2023-03-16
    [pdf] => https://www.philosophy-of-religion.eu/menuscript/index.php/ejpr/article/view/4120/version/1505/3055
)
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IRAQI CONSTITUTION: ADVANCING THE DIALOGUE OF RELIGIOUS FREEDOM

Ghaleb Yassin Farhan Matalak
college of education/ Al-Kitab University/Iraq

Mohammed Abdulkreem Salim
Al-Manara College for Medical Sciences/(Maysan)/Iraq

Mohamed Hameed
college of Law/Al-Farahidi University/Baghdad/Iraq

Wissam Mohammed Hassan Algaragolle
Law Department, Al-Nisour University College/Iraq

Saad Ghazi Talib
Law Department, Al-Mustaqbal University College, Babylon, Iraq

Yusra Mohammed Ali
Department of Medical Laboratory Technics, Al-Zahrawi University College, Karbala, Iraq

Emad Mohamed Saleh
Mazaya University College/ Iraq

Mohammed Suleiman
Department of Law, AlNoor University College, Bartella, Iraq

Sabri Kareem Sabri
Al-Esraa University College, Baghdad, Iraq

DOI: https://doi.org/10.24204/ejpr.2023.4120

Abstract

The Iraqi constitution of 2005 grants freedom of religious thought, belief and practice for all religions. This study was also based on the premise that the constitutional rights are not adhered to in Iraq, even by government officials, which could be due to the absence of suitable legislations subsequent to the framing of the constitutional provisions. An analytical and descriptive research design was adopted for this study. Data was collected from primary and secondary sources through documentation research and evaluation of historical sources. The primary data comprised Articles of the Iraqi constitution, and a few national and international legal instruments related to religious freedom. Secondary data included empirical research studies, books, articles and other published sources. This study therefore took the form of an empirical legal research as it involved the issues of constitutional reforms in the field of religious freedom. A comparative approach was adopted in analyzing the documents about religion and politics related to both the Arab region and the West. The focus was on the measures that should be adopted to advance the dialogues of religious freedom and maintain religious neutrality in all government policies. The study found out that there were apparent contradictions between the constitutional provisions and the State Laws. Similarly, the Iraqi civil and penal codes remain silent regarding legal remedies for the violation of constitutional provisions.

Keywords: Iraqi constitution, Iraqi legislation, legal research, religious freedom

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