Link to the University of Pittsburgh Homepage
Link to the University Library System Homepage Link to the Contact Us Form

Ornamental Repugnancy: Identitarian Islam and the Iraqi Constitution

Hamoudi, Haider Ala (2010) Ornamental Repugnancy: Identitarian Islam and the Iraqi Constitution. St. Thomas University Law Review, 7 (3). 692 - 713.

Available under License : See the attached license file.

Download (136kB) | Preview
[img] Plain Text (licence)
Available under License : See the attached license file.

Download (1kB)


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.


Social Networking:
Share |


Item Type: Article
Status: Published
CreatorsEmailPitt UsernameORCID
Hamoudi, Haider Alahamoudi@pitt.eduHAMOUDI0000-0003-4948-1143
Date: 2010
Date Type: Publication
Journal or Publication Title: St. Thomas University Law Review
Volume: 7
Number: 3
Page Range: 692 - 713
Schools and Programs: School of Law > Law > Faculty Publications
School of Law > Law
Refereed: No
Uncontrolled Keywords: repugnancy, islamic, constitutionalism, Iraq, constitution, Iraqi, law, Islamic, law
Article Type: Research Article
Date Deposited: 14 Nov 2016 16:10
Last Modified: 04 Jan 2021 21:13


Monthly Views for the past 3 years

Plum Analytics

Actions (login required)

View Item View Item