"The Problem of Damming and Diversion of Transboundary Rivers in the Kurdistan Region of Iraq: A Jurisprudential and Legal Study"

Abstract

This study addresses the issue of damming and diversion of transboundary rivers by neighboring countries—particularly Turkey and Iran—and the subsequent impact on the Kurdistan Region and Iraq as a whole. From both Islamic jurisprudential and international legal perspectives, the research examines the consequences of unilateral water policies that significantly reduce the flow of shared rivers into Iraq, posing a threat to water and food security in the region.

The study is driven by a central question: What is the legal and Sharia-based ruling regarding the actions of upstream states in constructing dams or diverting shared rivers, and what are the implications of such practices on Iraq and the Kurdistan Region? The research adopts an analytical and comparative methodology, drawing upon Islamic legal texts, international legal principles, and treaty frameworks to offer a comprehensive understanding of the problem.

The study begins with an introductory overview of the problem, followed by the first section, which discusses the Islamic jurisprudential perspective on the permissibility of utilizing river waters and the prohibition of obstructing or diverting them in a manner that harms others. The second section delves into the legal dimension, examining Iraq’s national laws, bilateral agreements, international conventions, and customary law. It highlights key principles such as equitable and reasonable use and the obligation not to cause harm to other riparian states.

The research concludes that the current practices of neighboring countries in dam construction and river diversion constitute clear violations of both Islamic jurisprudence and international legal standards. It recommends that Iraq and the Kurdistan Region adopt a unified legal and diplomatic strategy based on international law and agreements to safeguard their water rights and enhance cross-border water cooperation.