The Federal Supreme Court: the Civil Status law became constitutional after treating the inheritance matter in 1963.
The Federal Supreme Court had rejected the challenge which related to the civil status law No. (188) for 1959, it says that the law became constitutional after treating the inheritance matter in 1963
The spokesman of the Federal Supreme Court Ayas Al-Samouk said “the Federal Supreme Court had convened its session headed by the Justice Madhat Al-Mahmood, with the attendance of all member justices. The Court had examined a case where the plaintiff litigated the Speaker of the Iraqi Council of Representatives/ being in this capacity”.
Al-Samouk added “the plaintiff had challenged the unconstitutionality of the Iraqi civil status law No. (180) for 1959 issued during the Iraqi temporal Constitution for 1958, considering that one of the sovereignty Council members didn’t sign it. Therefore, the plaintiff regarded the law unconstitutional”.
He pointed “the plaintiff requested to reject the case, and he confirmed that the challenged valid civil status law in accordance to the provisions of the article (130) of the Constitution”.
“The Federal Supreme Court found that the law (challenge subject) had been enacted during the temporal Constitution for 1958, and one of the sovereignty Council members didn’t sign because he objected an article related to the equality of the inheritance between the Man and the Woman. He relied on the provisions of transitions listed in the civil law”.
Moreover “the Court confirmed that this point had been treated in a later legislative intervention according to the law No. (11) For 1963 (the first amendment of the civil status law). Whereas the provisions of the Woman’s inheritance return as it was before the issuance of the civil status law”.
“The Court had found that the after this amendment became constitutional, this amendments and the later amendments had been issued during a valid Constitutions according to the procedures set by these Constitutions”.
He emphasized “the Court had mentioned that what Juris prudently approved is the amendment which introduced on a law by a constitutional specialized power of issuing the amendment. This matter means the approval of the law constitutionality which had been amended, and this what occurred in the civil status law (challenge subject) for unconstitutionality”.
Finally “the Federal Supreme Court had confirmed that claims of violating some the law texts for the permanent of the Islam provisions. This matter required to be approved by authorized office to prove the violation. Accordingly, the case has been rejected because it doesn’t rely on any substantiation in the law or the Constitution”.
