eprintid: 26996
rev_number: 12
userid: 4900
importid: 3672
dir: disk0/00/02/69/96
datestamp: 2016-11-14 16:10:42
lastmod: 2021-01-04 21:13:18
status_changed: 2016-11-14 16:10:42
type: article
metadata_visibility: show
item_issues_count: 0
eprint_status: archive
creators_name: Hamoudi, Haider Ala
creators_email: hamoudi@pitt.edu
creators_id: HAMOUDI
creators_orcid: 0000-0003-4948-1143
title: Ornamental Repugnancy: Identitarian Islam and the Iraqi Constitution
ispublished: pub
divisions: sch_law_law_facultypub
divisions: sch_law_law
full_text_status: public
keywords: repugnancy, islamic, constitutionalism, Iraq, constitution, Iraqi, law, Islamic, law
abstract: For nearly six years after the enactment of Iraq’s final constitution, the Federal Supreme Court of Iraq did not render a single ruling respecting the conformity of any law to the “settled rulings of Islam” despite being empowered to do precisely that under Article 2 of the Iraqi Constitution. While since then there has been more activity along these lines, the effect of the so-called repugnancy clause is on that is swiftly devolving from a matter that was of some importance during constitutional negotiations into one that is more symbolic than real – an assertion of identity, primarily of the Islamic variety (though when combined with Article 92, to some extent of the Shi’i Islamic variety) – more than a phrase of legal substance. Iraqis appear to have reached a careful, unspoken consensus, that irrespective of the extent to which Islam or Islamic law is to be relevant in Iraq, the judiciary is not the institution best equipped to address questions of Islamicity of law, and thus Article 2, and indeed the very notion of repugnancy, is, at best, marginal in terms of its legal effect. The purpose of this Article is to explain how this came to be.
date: 2010
date_type: published
publication: St. Thomas University Law Review
volume: 7
number: 3
pagerange: 692 - 713
refereed: FALSE
article_type: researcharticle
citation:   Hamoudi, Haider Ala  (2010) Ornamental Repugnancy: Identitarian Islam and the Iraqi Constitution.  St. Thomas University Law Review, 7 (3).  692 - 713.      
document_url: http://d-scholarship-dev.library.pitt.edu/26996/1/Ornamental%20Repugnancy.pdf
document_url: http://d-scholarship-dev.library.pitt.edu/26996/7/licence.txt