Ensuring the Protection of Minority Rights in the Iraqi Constitution, International Charters, and Islamic Jurisprudence (A Review Study)

Abstract

The protection of the rights of minorities is one of the important and essential pillars in building a modern state based on the principles of justice, equality and the rule of law. The issue of minorities has acquired special importance in Iraq because of its wide multiplicity of nationalities, religions, sects and cultures, which has made the issue of the protection of minorities and the preservation and guarantee of their political, cultural, social and economic rights a national, constitutional and humanitarian necessity at the same time. As a result of the political transformations that took place in the Iraqi arena after 2003, especially after the adoption of the Iraqi Constitution of 2005, the issue of consolidating the foundations of pluralism and protecting the components has become one of the important necessities for the preservation of the components of the people, and the non-marginalization or discrimination, in accordance with international human rights conventions and the general principles of Islamic jurisprudence that urge justice and equality among human beings. Therefore, this study came to search for the guarantees of constitutional protection in the Iraqi Constitution of 2005, international conventions, Islamic jurisprudence, which believe in the protection of the rights of minorities from any violation, and to search for similarities and differences in the Iraqi Constitution, international conventions, and Islamic jurisprudence in terms of adopting the adopted foundations for the protection of minority rights. The study concluded with a few findings and recommendations and included in the conclusion of the study.