The Effect of the principles of the islamic law on the rules of the designation of judges in Iraq


  • Mustafa Fahim Gezar
  • Said Ali Rida Tabatabai University of Judicial Sciences and Administrative Services\Tehran


Appointment of judges, Employment of judges, Conditions of a judge, Iraqi law, Lebanese law


The judge is a symbol of judicial justice because he must abstain from all behavior in his personal life, even if it is right in his own eyes. This task may be carried out by one judge, or it may be given to a group of judges known as (a judicial body). In this sense, the judge is the natural person who performs the role of the judiciary, and he needs a variety of qualities to be qualified for the tasks that are given to him. The Iraqi and Lebanese law stipulated a set of conditions that must be met by the judge, including those related to nationality by birth and age, that he must have completed twenty-eight years of age, not more than forty years, enjoy civil capacity, and not have been convicted of a felony or misdemeanor except for political crimes or misdemeanors affecting honor, and that he be of good conduct and reputation. Conditions related to testimony and dismissal from the Judicial Institute That he be a graduate of one of the recognized law faculties and that he has not previously been dismissed from the Judicial institute and others. The research problem appears in the conditions for recruitment and employing judges in Iraq and Lebanon. The aim of the research is to compare the appointment and employment of judges in Iraq and Lebanon, and to benefit from the experiences of the country in terms of the employment of judges and their ratio in the circumstances of the judge in relation to Islamic law. . In addition to academic excellence and the necessary training, a judge must possess specific qualities, such as intelligence, intuition, strong character, stamina, impartiality, and integrity, along with known moral qualities such as honor, integrity, courage, and respect for the dignity of others . We discussed the subject of the study through the comparative analytical research method between Iraqi and Lebanese law, and we reached a number of results, among which the Iraqi law did not stipulate the condition of Islam, and the Iraqi law did not explicitly