The views of Sayyid Muhammad Ali Bahr al-Uloom on explaining the legal regulation of the freedom to adhere to the Personal Status Law in the 2005 Iraqi Constitution

Abstract

This research examines the analysis of Mr. Muhammad Ali Bahr al-Uloom’s perspectives on the legal regulation of the freedom to adhere to the Personal Status Law within the framework of the 2005 Iraqi Constitution, particularly Article (41). It explains that Personal Status Law No. (188) of 1959 was based on a plurality of jurisprudential and legal sources, which raised issues concerning the extent of its compatibility with the religious and sectarian specificities of the components of Iraqi society. The research also discusses the degree of compatibility of this constitutional provision with the principle of equality before the law, the unity of the judicial system, and Iraq’s international obligations. It holds that the freedom to adhere to personal status laws should not be understood as an unrestricted legislative authorization, but rather requires precise legal regulation that defines the mechanisms of its exercise. It emphasizes the difficulty of imposing a unified law in light of religious and sectarian plurality, which necessitates taking into account doctrinal particularities in regulating family affairs. It also critically examines some provisions of the applicable law for their inconsistency with established principles of Islamic Sharia. The study concludes that it is possible to adopt a regulated legislative plurality of personal status laws according to sects, while calling for a review of certain related constitutional provisions to reduce conflict. In conclusion, it stresses the necessity of achieving a balance between guaranteeing freedom of belief and preserving legal stability, in a manner consistent with the principles of constitutional justice and away from sectarian considerations and politicization.