Law Office ofAli Barakat
Reading a statute that is in force

How to search for an Iraqi statute in the Legislation Database

In briefA federal instrument is searched in the Iraqi Legislation Database of the Supreme Judicial Council by official title or by legislation number and year. Once a result appears, the text is opened and its status and amendments are checked, and the Official Gazette issue is matched where needed.

Searching for an Iraqi statute does not start with a general search engine or with an unattributed compilation. The method used by the Law Office of Ali Barakat is to open the search page of the Iraqi Legislation Database of the Supreme Judicial Council, and then to narrow the query enough to distinguish the instrument from others.

What should the search be limited by?

If the official title is known — or a stable part of it, such as "Companies Law" or "Labour Law" — that wording is entered in the title field. If the number and year are known, they narrow the field so that instruments that carried the same number in other years do not crowd the list. A full-text term helps when the title is not remembered, but it may also return later regulations and instructions; the original statute is identified first.

Once the list appears, the type of instrument (statute, regulation, instructions, decision), its date, and whether it is in force, amended or repealed are read. The intended instrument is then opened, not the nearest similar title.

What is checked after the text is opened?

The legislation record is read for the Official Gazette (al-Waqa'i al-Iraqiya) issue number and date, and for the relevant article if the question concerns a particular rule. If amendments exist, their records are opened and brought into the reading. A consolidated text makes the display easier, but on any discrepancy the published issue is the point of reference.

The first result is not enough if it only has a similar name. A repealed statute may appear next to a statute in force on a similar subject. Older instructions may also remain in the database after later instructions have repealed them; the repeal note and the commencement date are read.

Limits of the search

The database is a means of reaching the text. It is not a substitute for understanding the context of an article, or for reviewing the body that applies it. If the question concerns legislation of the Kurdistan Region, a search of the federal database may not be sufficient, and the regional source is obtained as set out on the page on official legal references.

Legal basis and sources

  1. Iraqi Legislation Database — search page (Supreme Judicial Council)

Frequently asked questions

Is a short informal name of the statute enough for a search?

More than one instrument may appear. The number and year, together with part of the official title, are preferable; the instrument is then opened after its type and status have been checked.

What if both a repealed version and a version in force appear?

The version recorded as in force is relied on after the amendments have been read. The repealed version may help in understanding the history of a rule, but it is not the text on which a current procedure is built.

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

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