Law Office ofAli Barakat
Applications before the Political Prisoners and Martyrs foundations

The martyr's certificate and the death certificate in a Martyrs Foundation file

In briefA deed of death is issued by the Personal Status Court or the Personal Matters Court for non-Muslims. A death certificate is a health document. In everyday use, a “martyr's certificate” may mean a Foundation paper or the Medal of Martyrdom in Article 17. None of these replaces the reviewing committee's decision.

“martyr's certificate”, “a martyr's death certificate”, “a martyr's child's certificate” and “a certificate of honour for a martyr”. These phrases do not all refer to a single instrument in Martyrs Foundation Law No. 2 of 2016, as amended. A file distinguishes a death certificate issued by the health authorities, a deed of death issued by a court, a coverage decision of the Committee for Reviewing the Applications of Martyrs' Families, the Medal of Martyrdom provided for in Article 17, and any administrative letter the Foundation issues as to covered status.

The application path is in A martyr's file.

The deed of death and the death certificate

Paragraph Fourth of Article 4, added by Law No. 23 of 2024, adopts a deed of death issued after 8/4/2003 by the courts, proving cases of death by judgment for persons for whom the reviewing committee has issued coverage decisions, as a case of martyrdom. The court that issues a deed of death is the Personal Status Court, or the Personal Matters Court for non-Muslims. The article refers to “the courts” without naming the court; the names used here follow the judicial organisation in Iraq for issuing such deeds.

A death certificate issued by the health authorities proves the fact of death medically or as a matter of registration. It is a usual document in the file, but it is not a judicial deed of death by judgment. A person who is absent or missing may require another judicial path before death by judgment can be relied on. That path — a deed of absence and a judgment declaring the missing person dead — is discussed in the compensation practice area where Law No. 20 of 2009 is in issue, and is distinguished from coverage by the Martyrs Foundation.

The Medal of Martyrdom and Foundation letters

Paragraph First of Article 17 creates a medal called the “Medal of Martyrdom” (Wisam al-Shahada), granted to the martyr's family by the President of the Republic. Its form, measurements, manner of conferral and privileges are to be fixed by a regulation. It is a ceremonial honour. It does not replace a coverage decision, nor a deed of death, when a salary or land is shared.

As for a “martyr's child's certificate” or a “certificate of honour” in everyday speech, the speaker may mean a Foundation letter proving status after coverage, or a later academic or ceremonial document. Its practical value depends on its resting on the committee's decision. The martyr's family identity document is another administrative paper that serves a similar role before departments, without being the decision itself.

What is filed with a coverage application?

Death and status documents
DocumentWho issues itRole in the file
Death certificateHealth institutions and the relevant registration officesProof of the fact of death where it exists
Deed of deathPersonal Status Court, or Personal Matters Court for non-MuslimsProof of death by judgment in the cases adopted by Article 4(4)
Coverage decisionCommittee for Reviewing the Applications of Martyrs' FamiliesThe basis for entitlement
Medal of MartyrdomUnder the regulation issued pursuant to Article 17An honour that does not stand in place of the decision
Martyr's family IDThe Martyrs Foundation, where it issues oneA later document used to show status

Forgery, or an unlawful means of proving martyrdom, leads to withdrawal of rights under Article 9. The coverage decision remains the basis of entitlement under that article; a medal, a family identity document, or a certificate of honour is read together with the decision, not in isolation from it.

Legal basis and sources

  1. Martyrs Foundation Law No. 2 of 2016 — Articles 4, 9 and 17
  2. First Amendment Law No. 23 of 2024 — Article 4(4)

Frequently asked questions

Does a death certificate replace a deed of death?

Not always. A death certificate is a health or registration document. A deed of death is a judicial instrument, and the law has adopted it for cases of death by judgment after 8/4/2003, together with a coverage decision.

What is a “martyr's certificate” in the law?

The law names the “Medal of Martyrdom”. The everyday phrase may mean a Foundation letter or an administrative paper after coverage. What counts is the committee's decision.

Who issues a deed of death?

The Personal Status Court, or the Personal Matters Court for non-Muslims.

Can a file be opened on a certificate of honour alone?

No. A certificate of honour or a medal does not, by itself, open coverage. The application rests on evidence of the facts and of kinship before the reviewing committee.

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

To ask about your matter