A Comparative Constitutional Study of the Role of Experts in Islamic Jurisprudence and Legal Scholars in the Federal Supreme Court in Iraq
First section
I did not want to talk about the subject throughout the past period, but the confusion that occurred and the request of some brothers prompted me to clarify some matters in this regard, especially after the end of the outburst that accompanied the issue, and the parliament’s failure to enact the Federal Supreme Court’s law, as desired by the constitution, for the fourth time in a row, as it had previously failed in its previous parliamentary sessions.
And as usual before, no one – other than specialists – remained but talked about the issue, without guidance or an enlightening book. This caused a blurring of the image on public opinion.
First of all, it must be said that every individual has the right to express his opinion on whether the experts of Islamic jurisprudence can enter the court or not, and so on with regard to legal scholars, as long as the conversation is focused on personal opinion. However, it is absolutely wrong for some to falsely ascribe to the Constitution what is not in it, even though they are not aware of the issue. Which leads to the lack of clarity of the picture to the public opinion. The difference between stating a personal opinion and uploading this opinion to the constitution is clear. This is the current problem in Iraq, as some of them upload their personal opinions and project them to the constitution, as if their personal opinions are what the constitution should be.
