Iraq
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  Preferred Religion (2015)1: Muslim

  Majority Religion (2015)2: Shia Muslim (60.5%)

Features Of Constitution

Is there a constitution?3 yes
Does the constitution state an official religion?3 yes [Article 2(first section)]
Does the constitution provide for freedom of religion?3 yes [Articles 2(Second), 10, 43(First)]
Does the constitution protect religious equality/non-discrimination?3 yes [Article 14]

Constitution

Constitution Year3 2005
Last Amended3 (n/a)
Source3 Constitute Project
Translation3 Source is an English translation.
Current as of3 September 19, 2018

Constitution Excerpts (clauses that reference religion)3

Preamble

In the name of God, the Most merciful, the Most compassionate

"We have honored the sons of Adam"

... Mesopotamia, the homeland of the apostles and prophets, resting place of the virtuous imams ... upon our soil the saints and companions of the Prophet prayed ...

Acknowledging God’s right over us ... and in a response to the call of our religious and national leaderships ... the Iraq of the future, free from sectarianism ...

Accusations of being infidels ... Sectarianism ... have not stopped us ...

Article 2.

(First) Islam is the official religion of the State and is a foundation source of legislation:

(a) No law may be enacted that contradicts the established provisions of Islam

...

(Second) This Constitution guarantees the Islamic identity of the majority of the Iraqi people and guarantees the full religious rights to freedom of religious belief and practice of all individuals such as Christians, Yazidis, and Mandean Sabeans.

Article 3.

Iraq is a country of multiple ... religions, and sects. ... it is part of the Islamic world.

Article 7.

(First) Any entity or program that adopts, incites, facilitates, glorifies, promotes, or justifies ... accusations of being an infidel (takfir) ... shall be prohibited.

...

Article 10.

The holy shrines and religious sites in Iraq are religious and civilizational entities. The State is committed to assuring and maintaining their sanctity, and to guaranteeing the free practice of rituals in them.

Article 12.

...

(Second) A law shall regulate ... religious ... occasions and the Hijri and Gregorian calendar.

Article 14.

Iraqis are equal before the law without discrimination based on ... religion, sect, belief ...

Article 17.

(First) Every individual shall have the right to personal privacy so long as it does not contradict ... public morals.

...

Article 29.

(First) (a) The family is the foundation of society; the State shall preserve it and its religious ... values.

...

...

Article 37.

...

(Second) The State shall guarantee protection of the individual from ... religious coercion.

...

Article 38.

The State shall guarantee in a way that does not violate public ... morality:

[freedoms of expression, press, assembly]

Article 41.

Iraqis are free in their commitment to their personal status according to their religions, sects, beliefs, or choices, and this shall be regulated by law.

Article 42.

Each individual shall have the freedom of thought, conscience, and belief.

Article 43.

(First) The followers of all religions and sects are free in the:

(a) Practice of religious rites, including the Husseini rituals.

(b) Management of religious endowments (waqf), their affairs, and their religious institutions, and this shall be regulated by law.

(Second) The State shall guarantee freedom of worship and the protection of places of worship.

Article 45.

...

(Second) The State shall seek the advancement of the Iraqi clans and tribes, shall attend to their affairs in a manner that is consistent with religion ... The State shall prohibit the tribal traditions that are in contradiction with human rights.

Article 92.

...

(Second) The Federal Supreme Court shall be made up of ... experts in Islamic jurisprudence [among others] ...


Sources

1.  The Religious Characteristics of States Dataset Project: Government Religious Preference (GRP) measures government-level favoritism toward, and disfavor against, 30 religious denominations. A series of ordered categorical variables index the state's institutional favoritism in 28 different ways. The variables are combined to form five composite indices for five broad components of state-religion: official status, religious education, financial support, regulatory burdens, and freedom of practice. The five components' composites in turn are further combined into a single composite score, the GRP score. The RCS Data Project would like to acknowledge, recognize, and express our deepest gratitude for the significant contributions of Todd M. Johnson, the principal investigator of the World Christian Database, the co-principal investigator of the World Religion Database, and co-author of the World Christian Encyclopedia series.

2.  The Religious Characteristics of States Dataset Project: Demographics reports annual estimates of religious demographics, both country by country and region by region. It estimates populations and percentages of adherents of 100 religious denominations including second level subdivisions within Christianity and Islam. The RCS Data Project would like to acknowledge, recognize, and express our deepest gratitude for the significant contributions of Todd M. Johnson, the principal investigator of the World Christian Database, the co-principal investigator of the World Religion Database, and co-author of the World Christian Encyclopedia series.

3.  Text from country constitutions was copied from primary documents obtained online using a variety of sources, including the Constitute Project, World Constitutions Illustrated, and government sources. When the text was in a language other than English, it was translated to English by ARDA staff or with web-based translation utilities such as Google Translate. Emphases were added to the text by ARDA staff to differentiate religious content from non-religious content. Text is current to the date listed in the "Current as of" field shown above. Please contact us at support@thearda.com if you are aware of any incorrect information provided on this page.

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