Iraq Laws Information
Iraq laws sit within the civil-law tradition. The Iraqi Civil Code, drafted in the mid-twentieth century under the influence of the Egyptian civil-law school, remains the central text in the law of obligations and property. Modern Iraqi legislation has built on that foundation across commercial, labour, criminal, and regulatory fields, while personal status for Muslims is governed by a distinct statute applying Islamic-jurisprudence principles.
Constitutional framework
The Constitution of the Republic of Iraq establishes a federal parliamentary system, defines the relationship between the federal government and the regions and governorates, and recognises Islam as the official religion of the State and a source of legislation. Fundamental rights provisions cover equality before the law, freedom of belief and worship, freedom of expression, freedom of association, and protection of private property.
Sources of law
The Civil Code identifies the hierarchy of sources: legislation, then Islamic Shari'a applicable in the absence of a statutory rule, then custom, then the rules of equity. Subordinate legislation — Council of Ministers regulations and ministerial instructions — supplies operating detail. Federal Court of Cassation decisions guide lower-court reasoning.
Court structure
The ordinary judiciary comprises courts of first instance, courts of appeal, and the Federal Court of Cassation, which sits in civil, commercial, criminal, and personal-status chambers. The Federal Supreme Court exercises constitutional review and resolves disputes between federal authorities and regions. Specialised tribunals address tax, labour, customs, and certain commercial matters.
Civil and commercial law
The Iraqi Civil Code governs obligations, contracts, property, and tort. It is widely studied across the region as an exemplar of civil-law drafting that integrates Islamic jurisprudential principles within a continental code structure. The Commercial Code addresses merchant status, commercial paper, agency, and bankruptcy. The Companies Law and dedicated statutes on banking, securities, insurance, and competition regulate the modern commercial environment.
Labour and employment
The Labour Code regulates the individual employment contract, working time, paid leave, occupational health and safety, end-of-service entitlements, and the resolution of labour disputes. The framework distinguishes between private-sector employment (governed by the Labour Code) and public-sector employment (governed by separate civil-service legislation).
Criminal law
The Penal Code defines offences across the conventional categories. The Code of Criminal Procedure governs investigation, prosecution, trial, and appeal, including the role of the examining magistrate. Specialised statutes address anti-corruption, anti-money-laundering, and cybercrime.
Personal status
The Personal Status Law governs marriage, divorce, custody, guardianship, and inheritance for Muslims, drawing on both Sunni and Ja'fari Shi'a jurisprudence as appropriate to the parties. Non-Muslim personal status is governed by the law of the relevant religious community.
Cross-references
For comparative reading on jurisdictions in the same civil-law family, see Egypt laws, Syria laws, and Jordan laws.
Frequently asked questions
What legal tradition does Iraq follow?
Iraq operates a civil-law system. The Iraqi Civil Code, drafted on the Egyptian civil-law model with the integration of Islamic jurisprudential principles, is the central text in the law of obligations and property.
How does Iraqi personal-status law accommodate different schools?
The Personal Status Law applies the relevant Sunni or Ja'fari Shi'a jurisprudence according to the school of the parties, with statutory rules supplying the framework where the schools converge.
Are Federal Court of Cassation decisions binding?
Iraq does not formally apply stare decisis. Cassation rulings nonetheless carry strong persuasive authority and are routinely followed by lower courts.
Where is Iraqi company law codified?
The Companies Law is the principal text. Banking, capital markets, and insurance are each addressed by dedicated sectoral statutes; partnerships and merchant status fall under the Commercial Code.