The role of the constitutional judiciary in applying the provisions of Islamic Sharia
Section: RESEARCH
Abstract
AbstractThe constitutional judgment is one of the most important forms of control on the constitutionality of laws. It is the protector of the constitution from the violation of all public authorities for the constitution is the supreme law in the state. Since the second article stipulates that Islamic legislation is the main source of legislation and that the divine constitution (The Quran and the Sunnah) is the most supreme law having the upper hand over any positive law, here the big role of this judgment in features applying the provisions of Islamicization through its jurisprudence in controlling the constitutionality of laws.
References
- B- The constitutions, laws, regulations and provisions of Egypt:1. Egyptian Penal Code No. 58 of 1937 amended.2. Civil Law No. 131 of 1948.3. The amended Constitution of the Republic of Egypt.
- C) Kuwaiti constitutions, laws, regulations and provisions:1. Penal Code No. 16 of 1960.2. The Constitution of the State of Kuwait, 1962.3. The Monetary Law and the Central Bank of Kuwait and the amended banking profession No. 32 of 1968.4. Law establishing the Constitutional Court No. 14 of 1973.5. Decree Law No. 67 of 1980 promulgating the Civil Code.6. Trade Law No. 68 of 1980.7. Provisions of the Constitutional Court.
- Eighth: Constitutions, laws, regulations and provisions(A) The constitutions, laws, regulations and provisions of Iraq:1. The Law of Spirits No. 3 of 1931.2. Civil Code No. 40 of 1951, as amended.3. Law No. 162 of 1959 The Real Estate Tax Law.4. The Personal Status Law No. 188 of 1959 as amended.5. Penal Code No. 11 of 1969 Amended.6. Law of Renting Property No. 87 of 1979.7. Income Tax Law No. 113 of 1982.8. Iraqi Trade Law No. 30 of 1984.9. Federal Supreme Court Law No. 30 of 2005.10. The Constitution of the Republic of Iraq for the year 2005.11. Rules of Procedure of the Federal Supreme Court No. 1 of 2005.12. Rulings and Decisions of the Federal Supreme Court for the years (2005, 2006, 2007).
- Ninth: Websites1. The official website of the Federal Supreme Court in Iraq: the date of the visit 12/12/2011http: www.iraqja.iq/viewd.862/2. Website: Visit Date 10/8/2011http://islamtoday.net/bohooth/artshow3. The official website of the Advisory Committee to work on completing the application of Islamic law, Kuwait: Date of visit 18/4/2011http://www.sharea.gov/kw/index.php4. Website: Visit Date 15/8/2011http://www.reqaba.com/articledtail.aspx?id=
- Sixth: Letters and Notes1. Anwar Ahmad Raslan, Democracy, PhD thesis submitted to the Faculty of Law, Cairo University, 1971.2. Sahar Ahmad Rifai, The Independence of the Judiciary and its Impact on the Constitutional Control of Laws in Kuwait and Comparative Law, Master Thesis submitted to the Faculty of Law, Kuwait University, 1998.3. Essam Saeed Abd, Supervision on the constitutionality of laws, doctoral thesis submitted to the Faculty of Law, University of Mosul, 2007.