Constitutional Interpretation of Women's Rights in Iraq between Islamic ‎Reference and International Obligations

Abstract

This article analyzes the problematic of constitutional interpretation of women's rights in ‎Iraq, in light of the complex interaction between Islamic reference and international ‎obligations. The study proceeds from the hypothesis that the Iraqi constitutional text of ‎‏2005 does not suffer from a lack of protective rules for women, as much as it suffers from ‏the absence of an interpretive methodology capable of reconciling its multiple references. ‎Through analyzing the structure of Article (2), Article (14), and Article (41), the article ‎demonstrates that the absence of hierarchy between these texts, along with the ambiguity ‎of the concept of "established provisions of Islam," has produced an interpretive vacuum ‎filled by the interpretations of political and religious authorities, at the expense of the ‎principle of equality. The article proposes adopting "integrative interpretation" as an ‎alternative methodology, based on the primacy of human dignity, distinguishing between ‎definitive and interpretive rulings, and taking into account Iraq's international obligations.‎ The importance of this research lies in the fact that women's rights constitute an essential part of the human rights system, and that the constitution is the supreme source of legal rules in the state. Furthermore, the unique nature of the Iraqi system, characterized by the interaction between constitutional, Islamic, and international frameworks, makes studying women's rights from the perspective of constitutional balance both scientifically and practically significant. The research adopted a descriptive-analytical approach, describing and analyzing constitutional texts, international conventions, and relevant jurisprudential principles. It also employed a comparative approach to contrast the position of the Iraqi constitution with that of international conventions and the principles of Islamic jurisprudence.