إقامة الأنظمة الفيدرالية في الفقه الإسلامي: دراسة في ضوء فقه الموازنات الفيدرالية العراقية نموذجا

الملخص EN

The federal system is one of the political systems that focus on the principle of distributing powers between the center and regions, and it is one of the systems applied in nearly 70 countries around the world.

there has been a lot of talk in Iraq after 2003, between legal and political jurists and Islamic jurisprudence scholars about the concept of federalism that came in the 2005 constitution, which changed the structure of the Iraqi state from a simple central state to a complex federal state, which generated a state of rejection of the constitution by some political and legitimate parties many legal fatwas appeared that forbade dealing with the federal system or calling for it to lead to partition.

the study came to a statement of the concept of federalism, and a statement of federalism and its powers in the Iraqi constitution in 2005, and the differences of Islamic jurisprudence in Iraq about federalism and their evidence, then the conclusion that is based on the federal system is the structure of the state based on the distribution of powers between the center and regions, and is subject to the jurisprudence of corruption and interests, and that Islamic political jurisprudence did not bind the nation to a specific form of the state, but rather made it a jurisprudence of variables that change time, place and situation.