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Centre for Public, International and Comparative Law

Centre for Public, International and Comparative Law. SEMINAR ON IRAQ’S INTERIM CONSTITUTUTION 2 April 2004 T C Beirne School of Law University of Queensland. Dr Ann Black. Complexity of Iraq. Ethnicity Religion Tribe Ideology – politics External influences. Iraq and its neighbours.

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Centre for Public, International and Comparative Law

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  1. Centre for Public, International and Comparative Law SEMINAR ON IRAQ’S INTERIM CONSTITUTUTION 2 April 2004 T C Beirne School of Law University of Queensland Dr Ann Black

  2. Complexity of Iraq • Ethnicity • Religion • Tribe • Ideology – politics • External influences

  3. Iraq and its neighbours

  4. The Ethnic Factor Multi-ethnic society esp in the North • Arabs 75% • Kurds 18 % • Remaining 7% comprise: • Assyrians - (Ashuri/Authori) * • Turcomen • Yazidi • Shabak • Armenians*

  5. Iraqi Arabs • Arab Conquest 634 AD – Khalid ibn al Walid • Arabic language • Muslim • Tribal groups • Conversion did not negate tribal values &customs

  6. Iraqi Kurds • Descendants of the Medes –Zoroastrians • Conversion to Islam in 7th Century • 22 million people in 6 countries - 10 million in Turkey, 5.5 million in Iran, 3.5 million in Iraq and pockets of population in Syria, Azerbaijan and Armenia • Homeland • Speak Farsi variant. • Tribal groups

  7. Assyrians (Authori in Iraq) Indigenous people of Iraq – 300,000 + Speak Aramaic Christian –Ancient Church of the East – also Chaldeans. Promised Independence after WW1

  8. Background on Islamic law & religion • Adherence to Islam is inseparable from adherence to Islamic law. • Syariah – Quran & Sunnah - was prescribed by Allah. • Injunctions cover wide range • Embracesthe spiritual and secular • Fiqh – deducing, interpreting and developing the Syariah is the role of the jurist, not the judge & not the State.. • Secular law has a recognised role.

  9. Divisions - Fiqh Madhhabs (schools of law) • Recognise one Quran and sunnah • Differences on the fiqh/ jurisprudence: • Shia (Jafari)* • Sunni • Hanafi* • Maliki • Shafii* • Hanbali

  10. Why the divisions? After the death of the Prophet in 632AD there were two issues: • The practical implementation of the Islam • The succession and leadership of the Muslim community Decision in favour of consensus over lineage

  11. Shia • Those supporting lineage - Shi’ate Ali • Martyrdom of Ali and defeat of Hussein • Belief that the prophet’s successor is a divinely guided and infallible religious teacher – Imam. • Division as to the Imam after Ali. • Legitimacy of leaders is by descent from the Prophet & through Ali. • Hierarchy of interpreters in the ulama of the Quran • Mujtahid (legal interpreters) - Ayatollah (sign of God) • Ayatollah al-uzma (greatest sign of God)

  12. Sunni • People of unity and tradition • The caliphs are the Prophet’s political successors • The religious successors are ulama • Political leaders should submit and enforce the rulings on religion and law of ulama • Sunni Islam was not monolithic

  13. Legal Pluralism Except Saudi Arabia & Iran, most Muslim countries have hybrid legal systems • European – derived legal codes law and Islamic law • Syariah Courts typically administer family and personal law • Syariah principles may be constitutionally recognised

  14. The Religious Factor • Muslim – 95% • Shia – 60% • Majority Arabs • Small numbers of Faili Kurds. • Sunni – 35% • Arab Sunni 12-15% • Hanafi • Kurdish Sunni 18-20% • Sufi orders, Shafi’i • Christians, Yazidis and small number of Jews –5%

  15. Ethno-religious groups

  16. Political factors • Exiles versus locals • Sunni domination • Sunni Ottoman Empire maintained Iraq as a Sunni bulwark against Persian Shia • Baathist Party, although secular, used Sunni Islam as part of its identity • Harshly persecuted other Islamic movements – Wahhabism • Controlled Shia practices • Drew on Arab nationalism • By 1990 Shia included on Revolutionary Command Council • Division within Shia

  17. Shia in Iraq Denied political power Shia retreated from political life (unless Baathists) + economic power Religious leadership • Shia Shrine cities – Najaf & Karbala • Different perspectives – different visions for Iraq • Ayatollah Ali as-Sistani • Ayatollah Mohammed Sayeed al-Hakim • Assassinations in 2003 • Ayatollah Abdul Majid Al-Kohei • Ayatollah Mohammed Baqir al-Hakim • Attitude to Iran (Persian)

  18. Kurds in Iraq • Kurds make up majority in 3 northern provinces • Aspirations extend further south to Kirkuk • Want a high degree of self-rule • Four main political groups – varied religious affiliation • Future for Pesh mergas fighters

  19. The tribes • Tribal loyalties are not based on religion • Tribal sheiks - often descendants of tribes that came across from Arabia - have been centers of power in Iraq. • 150 tribes • Sidelined from the process

  20. Iraq and its neighbours

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