The extent to which the Iraqi civil law project of 1986 is far from Islamic jurisprudence

Abstract

The Iraqi Civil Code Draft of 1986 is the first attempt to abolish the Iraqi Civil Code No. 40 of 1951. Years of effort were spent in its preparation by a legal committee that included the best professors and judges. Despite this, we find that legal studies are reluctant to discuss it for reasons that are not clear. In this research, we try to find out the extent to which this project is far from Islamic jurisprudence, which represents our legal authenticity that has been absent for about two centuries, through a rare document that was recently found in the handwriting of Dr. Abdul Majeed Al-Hakim, which includes his personal observations on the evaluation of the project. We will divide the research into three sections: the first is to define the Iraqi Civil Code Draft of 1986, the second is to show examples of its substantive differences with Islamic jurisprudence, and the third is to show examples of differences in formulation with Islamic jurisprudence.