Law Office ofAli Barakat
Reading a statute that is in force

When should the official wording be quoted, and what is its authority?

In briefAuthority attaches to the Arabic text as published in the Official Gazette (al-Waqa'i al-Iraqiya). The wording is quoted verbatim when an article must be cited. Any unofficial translation yields to that Arabic text. A compressed or altered extract is not a substitute for the official wording.

Citing a statutory article is precise work. The Law Office of Ali Barakat does not present a close paraphrase as "the text of the article", and it does not rely on an English translation that was not issued by an official body if that translation conflicts with the Arabic published in the Official Gazette (al-Waqa'i al-Iraqiya).

When is the text quoted verbatim?

The text is quoted verbatim when the rule turns on a particular phrase: a definition, a time limit, a condition, a sanction, or a body named by the legislator. In those places a general sense is not enough. The article number, the statute and its year are stated, and the Official Gazette issue or the legislation page in the Iraqi Legislation Database is indicated so that the source can be revisited.

Where it is enough to state the effect — that the statute requires a permit, or that an objection is filed with a body the text names — the office states that effect in its own words, without suggesting that the wording is the article itself. Mixing commentary with the text leads the reader to treat the commentary as the rule.

What is observed when quoting?

The text is quoted in the form it has after the amendment in force on the date of the facts, not in an earlier form that has been repealed. If a consolidation in the database is in doubt, it is compared with the published issue. Punctuation and numbering in the original are kept so far as possible. An official word is not replaced with a "clearer" synonym if the legal meaning turns on it.

An English translation of an Iraqi text, unless an official body has issued that translation, is only an aid for a reader who does not use Arabic. On any conflict, the Arabic is preferred. In the English pages of this site, the names of public bodies are given in the adopted English rendering, with the Arabic form where useful at first mention, without any claim that the English is the official text.

How the official text is quoted

If a paragraph is taken from a long article, it is marked as an extract, and the full article number is given so that the provision is not cut off from its opening or from its exception. A selective quotation without an indication of the omission may change the meaning. The office follows a request to review the text when what is in the client's hands differs from the published issue or from the database.

Legal basis and sources

  1. Iraqi Legislation Database (Supreme Judicial Council)
  2. Ministry of Justice — Official Gazette (al-Waqa'i al-Iraqiya)

Frequently asked questions

May an English translation of an Iraqi statute be relied on?

It may be used as an aid to understanding if it was not issued by an official body, but on any difference authority attaches to the Arabic text published in the Official Gazette.

Does a commentary on an article take the place of quoting it?

Not where a citation is required. Commentary states the effect; a verbatim quotation preserves the legislator's wording. The two are kept apart in writing so that commentary is not taken to be the text.

Always check the text in force and its amendments in the official source.

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