1 / 20

Centre for Public, International and Comparative Law

Centre for Public, International and Comparative Law. SEMINAR ON IRAQ’S INTERIM CONSTITUTUTION 2 April 2004 T C Beirne School of Law University of Queensland. Dr Ann Black. Complexity of Iraq. Ethnicity Religion Tribe Ideology – politics External influences. Iraq and its neighbours.

ivy
Download Presentation

Centre for Public, International and Comparative Law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Centre for Public, International and Comparative Law SEMINAR ON IRAQ’S INTERIM CONSTITUTUTION 2 April 2004 T C Beirne School of Law University of Queensland Dr Ann Black

  2. Complexity of Iraq • Ethnicity • Religion • Tribe • Ideology – politics • External influences

  3. Iraq and its neighbours

  4. The Ethnic Factor Multi-ethnic society esp in the North • Arabs 75% • Kurds 18 % • Remaining 7% comprise: • Assyrians - (Ashuri/Authori) * • Turcomen • Yazidi • Shabak • Armenians*

  5. Iraqi Arabs • Arab Conquest 634 AD – Khalid ibn al Walid • Arabic language • Muslim • Tribal groups • Conversion did not negate tribal values &customs

  6. Iraqi Kurds • Descendants of the Medes –Zoroastrians • Conversion to Islam in 7th Century • 22 million people in 6 countries - 10 million in Turkey, 5.5 million in Iran, 3.5 million in Iraq and pockets of population in Syria, Azerbaijan and Armenia • Homeland • Speak Farsi variant. • Tribal groups

  7. Assyrians (Authori in Iraq) Indigenous people of Iraq – 300,000 + Speak Aramaic Christian –Ancient Church of the East – also Chaldeans. Promised Independence after WW1

  8. Background on Islamic law & religion • Adherence to Islam is inseparable from adherence to Islamic law. • Syariah – Quran & Sunnah - was prescribed by Allah. • Injunctions cover wide range • Embracesthe spiritual and secular • Fiqh – deducing, interpreting and developing the Syariah is the role of the jurist, not the judge & not the State.. • Secular law has a recognised role.

  9. Divisions - Fiqh Madhhabs (schools of law) • Recognise one Quran and sunnah • Differences on the fiqh/ jurisprudence: • Shia (Jafari)* • Sunni • Hanafi* • Maliki • Shafii* • Hanbali

  10. Why the divisions? After the death of the Prophet in 632AD there were two issues: • The practical implementation of the Islam • The succession and leadership of the Muslim community Decision in favour of consensus over lineage

  11. Shia • Those supporting lineage - Shi’ate Ali • Martyrdom of Ali and defeat of Hussein • Belief that the prophet’s successor is a divinely guided and infallible religious teacher – Imam. • Division as to the Imam after Ali. • Legitimacy of leaders is by descent from the Prophet & through Ali. • Hierarchy of interpreters in the ulama of the Quran • Mujtahid (legal interpreters) - Ayatollah (sign of God) • Ayatollah al-uzma (greatest sign of God)

  12. Sunni • People of unity and tradition • The caliphs are the Prophet’s political successors • The religious successors are ulama • Political leaders should submit and enforce the rulings on religion and law of ulama • Sunni Islam was not monolithic

  13. Legal Pluralism Except Saudi Arabia & Iran, most Muslim countries have hybrid legal systems • European – derived legal codes law and Islamic law • Syariah Courts typically administer family and personal law • Syariah principles may be constitutionally recognised

  14. The Religious Factor • Muslim – 95% • Shia – 60% • Majority Arabs • Small numbers of Faili Kurds. • Sunni – 35% • Arab Sunni 12-15% • Hanafi • Kurdish Sunni 18-20% • Sufi orders, Shafi’i • Christians, Yazidis and small number of Jews –5%

  15. Ethno-religious groups

  16. Political factors • Exiles versus locals • Sunni domination • Sunni Ottoman Empire maintained Iraq as a Sunni bulwark against Persian Shia • Baathist Party, although secular, used Sunni Islam as part of its identity • Harshly persecuted other Islamic movements – Wahhabism • Controlled Shia practices • Drew on Arab nationalism • By 1990 Shia included on Revolutionary Command Council • Division within Shia

  17. Shia in Iraq Denied political power Shia retreated from political life (unless Baathists) + economic power Religious leadership • Shia Shrine cities – Najaf & Karbala • Different perspectives – different visions for Iraq • Ayatollah Ali as-Sistani • Ayatollah Mohammed Sayeed al-Hakim • Assassinations in 2003 • Ayatollah Abdul Majid Al-Kohei • Ayatollah Mohammed Baqir al-Hakim • Attitude to Iran (Persian)

  18. Kurds in Iraq • Kurds make up majority in 3 northern provinces • Aspirations extend further south to Kirkuk • Want a high degree of self-rule • Four main political groups – varied religious affiliation • Future for Pesh mergas fighters

  19. The tribes • Tribal loyalties are not based on religion • Tribal sheiks - often descendants of tribes that came across from Arabia - have been centers of power in Iraq. • 150 tribes • Sidelined from the process

  20. Iraq and its neighbours

More Related