Formal provisions for compensation for the martyr and his family (comparative study)

Abstract

The crises and wars that Iraq has experienced require the state to place the utmost importance on the lives that represent the building blocks of the state's character. Combat forces are a bulwark of the state's sovereignty, and the sacrifices made by individuals, whether within the army, other security agencies, the Popular Mobilization Forces, or even ordinary martyrs, are what build Iraq's character. Those who previously thought of controlling Iraq and considering it a weak country think differently today. The recent heroic deeds that defeated the terrorist ISIS have transformed Iraq into a different country than before. This character was not built in a vacuum; rather, the blood of the martyrs played a distinct role in its construction, and their heroic deeds were documented and chronicled for media exposure. Despite our observations on the weak media role of the Iraqi martyr, there are roles that the legislature has defined for the authorities in the Iraqi state to follow, centered around the measures that must be taken to register a martyr. The importance of this study lies in this aspect, which concerns clarifying the procedures mentioned by the legislator in the process of calculating the martyrs, and the stages required by the legislator in the process of including the deceased in the list of Iraqi martyrs, and whether Iraqi legislation was successful in these procedures. Naturally, not all positive legislation reaches the level of perfection, but there are laws that possess sufficient solidity to qualify them to remain in force for a long time. This, if anything, indicates the solidity and consistency of these laws. The question that arises here is: Was the Iraqi legislator successful in choosing these legal formulas in the laws related to calculating the martyrs? Is there a balance with the dimension that the martyr enjoys, a distinguished position within Islamic society, and the resulting rights and privileges?