Page 27
Guidance System for Authorities
Group Number and Year
Number of Incidents
Printed independently in 1947
Amendment | 96/1940 | 1787
Amendment | 24/1944 | 2206
Amendment | 67/1949 | 2778
Amendment | 19/1950 | 2833
Amendment | 32/1950 | 2865
Amendment | 26/1953 | 3287
Regarding the job and teaching examination
Repeal of the 1940 amendment
Changing the footnote for articles 4, 11, 12, 14, and 49
Amendment of Article [5]
Regarding combining the job with the profession in the conditions
Amendment of a paragraph from Article 4
Deletion of a paragraph from Article 5
Note the Sharia Endowments Management System 19 Jumada al-Akhira 1280
Page 29
Regulation
No. (32) of 1950
Regulation Amending the Regulation for Directing Positions
After reviewing the amended Article 12 of the Awqaf Administration Law No. 27 of 1929
And based on what was presented by the responsible Minister (Prime Minister) and approved by the Council of Ministers, we ordered the establishment of the following
regulation:-
<del>Article 1 / The positions of Imamate, Preaching, Teaching, Sheikhdom, and Trusteeship shall be directed by Royal Decree</del>
<del>As for the positions</del>
Article 1 - Article 4 of the Regulation for Directing Positions, as amended by Article 1 of the Amendment Regulation
No. 67 of 1949, is repealed and replaced by the following:-
Article 4 - The positions of Imamate, Preaching, Teaching, Sheikhdom, and Trusteeship shall be directed by Royal Decree.
As for other positions, they shall be directed by a decision of the Scientific Council and the approval of the Awqaf Shura Council only.
The Director General of Awqaf may transfer holders of scientific positions from one place to another by a decision of the Shura Council
when necessity dictates, with the exception of trustees and those with positions conditioned to their persons.
Article 2 - This regulation shall come into force from the date of its publication in the Official Gazette.
Article 3 - The responsible Minister (Prime Minister) shall implement this regulation.
Written in Baghdad on the twenty-seventh day of the month of Ramadan 1369 and the twelfth day of the month of July
of the year 1950.
Abdul Ilah
Page 30
Regulation
No. (32) of 1950
Regulation Amending the Regulation for Directing Religious Positions
After reviewing the amended Article 12 of the Awqaf Administration Law No. 27 of 1929
And based on what was presented by the responsible Minister (Prime Minister) and approved by the Council of Ministers, we ordered the enactment of the following
regulation:-
<del>Article 1 - The positions of Imamate, Preaching, Teaching, Sheikhdom, and Guardianship are directed by Royal Decree</del>
<del>⟦illegible⟧</del>
Article 1 - Article 4 of the Regulation for Directing Religious Positions, amended by Article 1 of the
Amendment Regulation No. 67 of 1949, is repealed and replaced by the following:-
Article 4 - The positions of Imamate, Preaching, Teaching, Sheikhdom, and Guardianship are directed by Royal Decree
As for other positions, they are directed by a decision from the Scientific Council and approval from the Awqaf Shura Council only.
The Director General of Awqaf may transfer holders of scientific positions from one place to another by a decision of the Shura Council
when necessity dictates, with the exception of guardians and those with positions conditioned to their persons.
Article 2 - This regulation shall be implemented from the date of its publication in the Official Gazette
Article 3 - The responsible Minister (Prime Minister) shall implement this regulation
Written in Baghdad on the twenty-seventh day of the month of Ramadan 1369 and the twelfth day of the month of July
year 1950
Abdul Ilah
Page 31
Excerpted from the Iraqi Al-Waqai' Gazette, Issue 928, dated
December 29, 1930
The Decision
Issued by the Special Interpretation Bureau No. 1 / 930, dated 12/20/1930
Regarding the interpretation of the ambiguity in Article (12) of the Regulation for Directing Directions
Article 12 of the Regulation for Directing Directions was considered ambiguous as to whether
the phrase (children) written therein includes grandchildren or not. To interpret the aforementioned ambiguity,
the Council of Ministers decided in its session dated December 1, 1930, to form the Special
Interpretation Bureau. On December 20, 1930, the Special Interpretation Bureau convened,
consisting of the President, Mr. Alexander, President of the Court of Cassation, and the membership of Daoud Effendi
Samra, Al-Haj Saleh Effendi Al-Pachachi, and Abdullah Effendi Abdul Salam, members of the Court of
Cassation, Abdullah Bey Al-Sane, Governor of Baghdad, Amjad Bey Al-Omari, Director General of Land Registry,
and Abdul Aziz Bey Al-Muzaffar, Director of Administration at the Ministry of Foreign Affairs, and examined the case to be
clarified.
Based on the provision of Article 3 of the Law for the Formation of the Special Interpretation Bureau, the
President of the Sharia Cassation Council, Abdul Malik Effendi Al-Shawaf, was summoned. The aforementioned article
was presented to him, and he was asked for the Sharia ruling regarding the mentioned phrase. He stated that the word
(children) mentioned in the said article includes (grandchildren), by analogy with the
jurisprudential ruling, as when an endower says 'I have endowed such-and-such to my children,' this includes grandchildren, as
held by a group of jurists. Since endowments are acts of charity and goodness, this
opinion of the jurists is closer than others to the intent of the mentioned article, as matters
are judged by their intentions.
After careful consideration of the above and deliberation on the subject, it appeared that the Arabic language also
supports the expansion of the meaning of the word (children). Therefore, it was decided unanimously that the interpretation
of children mentioned in Article (12) of the Regulation for Directing Directions includes grandchildren,
in the absence of direct biological children. The decision was issued on December 20, 1930.
Alexander
President of the Special Interpretation Bureau
⟦signature⟧
True Copy