The Role of Islamic Sharia in the Amendment of the Iraqi Personal Status Law

Abstract

This study examines the role of Islamic Sharia in shaping and amending the Iraqi Personal Status Law, highlighting its position as a fundamental source of legislation in accordance with the Iraqi Constitution and Personal Status Law No. 188 of 1959. The research aims to analyze the relationship between Islamic legislation and positive law, with particular emphasis on the sources of deriving legal rulings and their role in formulating legal provisions governing personal status matters. It also explores the similarities and differences between the two systems in terms of source, methodology, binding force, flexibility, and comprehensiveness.

The study adopts an analytical and comparative approach by examining constitutional and jurisprudential texts, analyzing juristic opinions and methods of legal reasoning, and tracing the historical development of Sharia’s role in Iraqi legislation. The findings indicate that Islamic Sharia represents a comprehensive legal system characterized by stability in its foundational principles and flexibility in its applications, enabling it to adapt to evolving social and legal contexts. Furthermore, the study concludes that incorporating Sharia as a source of legislation does not hinder legal development; rather, it contributes to achieving a balance between modern legal requirements and the preservation of religious values, thereby enhancing the effectiveness of personal status law in regulating family relations and ensuring social stability.