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ERBIL, Kurdistan Region — Activists and politicians have spoken out against a controversial federal court bill over the addition of Islamic jurists.
Iraq’s Supreme Judicial Council held a session on Tuesday in which it discussed the draft of the federal court law.
The Iraqi parliament on Thursday voted on most articles of the new controversial law while postponing voting on the final draft due to disputes between the parliamentary blocs regarding the addition of four Islamic jurists to the committee.
Article two of the bill adds four Islamic Jurists from the Sunni and Shiite sects to the federal court committee. They will be granted veto power and the ability to review, approve, and reject new laws before legislation.
No law can be passed without two-thirds approval from the 15-person committee.
Several MPs and activists have spoken out against the bill, saying it violates the constitution and may promote religious extremism.
"The political blocs shared among themselves the committee seats, with 5 seats for the Shiites, 2 for the Sunnis, and 2 for the Kurds," MP and head of the Rafidain Christian Bloc, Yonadam Kanna, told Rudaw English on Tuesday. "We have our concerns that the law may lead to promoting religious extremism,” he added.
“There is absolutely no need to have any religious or political appointees in the Iraq’s high court. Mixing law and legal affairs with religion and politics is the exact wrong path to take,” added Yazidi activist Murad Ismael.
The Iraqi federal court is the highest judicial authority in the country, and is responsible for adjudicating disputes in federal cases, receiving objections and appeals to decisions issued by the three presidencies and ratifying the results of the legislative elections.
The court committee has been unable to meet since mid-2020, unable to meet a quorum.
Both the Fatih and the State of Law coalitions, led by Hadi Al-Amiri and Nuri Al-Maliki, and other Shiite blocs are pushing for the passage of article two, according to Kanna, saying that Shiite and Sunni coalitions have no intention of giving Christians or any other religious components seats in the court committee.
“Adding four Sharia Faqih (jurists) to the court is unacceptable, as Iraq is a multi-sectarian and multi-religious country, and the constitution does not refer to components but rather referred to all Iraqis and considered them equal before law," legal expert Tarqi Harb told Rudaw English on Monday.
"Some political parties want to replace the law jurist with Islamic jurists," he added.
Article two of the Iraqi constitution states that Islam is the official religion of the state and is a foundation source of legislation. No law may be enacted that contradicts the established provisions of Islam. However, this article also states that no law may “contradict the principles of democracy.”
“Torn by sectarianism and kleptocracy, Iraq is not prepared for a federal court, especially with a law like this,” journalist Salih al-Nasrawi, tweeted on Thursday, adding a hashtag named “The federal court law is invalid.”
Activist Zaid al-Assad said that the law would eliminate “any remaining hope” for reforming Iraq through democratic and legal means.
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