مدى ابتعاد مشروع القانون المدني العراقي لسنة 1786 عن الفقه الإسلامي

Abstract EN

The Iraqi Civil Law Project for the year 1986 is considered the first attempt to abolish the Iraqi Civil Code No.

40 of 1951.

Efforts and years were spent in preparing it by a legal committee that includes the best professors and judges.

Despite this, we find the reluctance of legal studies about it, for reasons that are not clear In this research, we try to find out the extent of this project’s departure from Islamic jurisprudence, which represents our hidden legal originality, for nearly two centuries, through a rare document, recently found, in the handwriting of Dr.

Abdel-Majid Al-Hakim, that includes his personal notes on the evaluation of the project.

We found that the Iraqi Civil Law Project of 1986 did not refer to Islamic jurisprudence, as the project was a mixture of: the Iraqi Civil Law, the Egyptian Civil Law which derived from the French Civil Law, and the Swiss obligations.