THE STATUS OF ISLAMIC SHARIA AS A FUNDAMENTAL SOURCE IN IRAQI LAW

Povzetek

This research examines the status of Islamic Sharia as a source of legislation in Iraqi law by analyzing the constitutional provisions adopted by the Iraqi constitution regarding Islamic Sharia, as well as the interpretations of the Federal Supreme Court aimed at strengthening Islamic legislative texts in line with the fundamental principles of Islam. The study employs both analytical and comparative methodologies, referencing sources from Islamic jurisprudence and secular law. The findings indicate that Sharia serves as a primary source in certain legislations and as a supplementary source in cases of legal gaps. However, it has not been comprehensively codified within the legislative system. The research concludes with the necessity of reinforcing the legislative position of Islamic Sharia in a manner consistent with constitutional principles and the contemporary legislative context.