'IRAQ AND THE PERSIAN GULF' [‎263r] (528/862)

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THE CONSTITUTION
401
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Where there is no Peace Court, administrative officials are sometimes
competent to deal with cases of debt due by cultivators.
There are no capitulations, and Iraqis and foreigners are equal before
the law. Under the Anglo-Iraqi judicial agreement of 1930 provision
was made for a number of foreign, i.e. British, judges, principally so
that they might be available for trials in which Europeans, Americans,
or Japanese were involved.
Criminal Courts. There are, first, Magistrates’ Courts in all centres
where there are Civil Courts, in three grades—those that award
punishment not exceeding 2 years’, 6 months’, and 1 month’s im
prisonment respectively. In the top two grades the magistrates are
civil judges exercising magisterial powers; in the bottom grade muni
cipal councillors often serve as magistrates. In places where there
are no courts, administrative officials exercise limited magisterial
powers. Above the Magistrates’ Courts are six Sessions Courts each
with a bench presided over by one of the principal civil judges. These
deal with cases that have first been investigated by Magistrates’ Courts
and with appeals from Magistrates’ Courts. They are competent to try
any case. A conviction by a Court of Session goes automatically to
the Court of Cassation for confirmation and may be revised. This is
the civil Court of Cassation sitting as a criminal court. The Court
of Session has general supervision over all criminal proceedings with
in its district, and the Court of Cassation, besides being a Court of
Appeal, has a similar supervision over criminal proceedings through
out the country.
Religious Courts. Matters of personal status affecting marriage,
dowry, divorce, &c., and some matters affecting religious endowments
(zuaqf) are dealt with by religious courts. Sharia courts, both Sunni
and Shia, exist for Moslems wherever there are civil courts, the judges
being either qadis or judges of the civil courts drawn from the com
munity concerned; there is appeal to the Sharia Court of Revision at
Baghdad. The Spiritual Councils of the Christian and Jewish com
munities (p. 396) provide analogous courts for matters affecting the
personal status of Christians and Jews.
Tribal Courts. Outside the towns and large villages the tribesmen,
whether settled or nomad, recognize only their tribal custom which
A 5195