A comparative study between Hammurabi's Code and modern Iraqi law

Abstract

This study compares Law Code  Stele of king Hammurabi with modern Iraqi law, attempting to shed light on the similarities and differences between the two legal systems in various legislative fields, such as personal status, criminal law, and civil law. The study aims to understand the extent of the influence of ancient legal heritage on contemporary Iraqi legislation and the continuity of legal values established thousands of years ago in Mesopotamia. The research relied on a descriptive and analytical approach, analyzing ancient and modern legal texts and comparing their principles and provisions. It also drew on modern historical and legal sources to understand the cultural and legislative development witnessed by Iraq over the ages. The approach also included a study of the impact of ancient legal thought on legal concepts and principles in the current Iraqi system. The study concluded that the Code of Hammurabi established legal rules whose influence is still evident in modern Iraqi legislation, particularly in the areas of penalties and the regulation of civil relations. It also demonstrated fundamental shifts in legal thought, from a strict punitive system to a modern system focused on social justice and the protection of human rights. The study emphasized the importance of leveraging the legal cultural heritage in developing modern legislation to meet contemporary requirements.