Reception of Rules of Islamic Law in Iraqi Civil Law

الملخص

The study aims to explore Sharia's impact on the constitutional text in Iraq's permanent constitution, making it a significant source of legislation and the extent of this constitutional text's impact on civil law. Likewise, it aims to explore the text of the civil law on Sharia as the third source of legislation that the judge must resort to in the absence of a legislative text or custom. The study adopts the approach of the analytical research of Iraqi legal texts. Explaining how to activate the constitutional text, and recommending redrafting the text of Article Two of the Civil Code related to enumerating the sources that the judge uses in light of this article's analysis. Especially concerning arranging custom between these sources and the feasibility of resorting to justice rules.