AI English Translation, Pages 51-75
Baghdad, February 16, 1949
Honorable President of the Lay Council
Baghdad
After greetings,
I request that the following proposal be presented to the Council at the first suitable opportunity.
It has become clear from two cases recently referred to the Lay Council for a decision—the case of the abolition
of the position of Director of Meer Elias Hospital and the case of the French language teacher at the Alliance School—and the
discussions surrounding them, that the method followed in forming the subcommittees of the Lay Council, particularly the schools
and hospitals committees, consisting entirely of members from outside the Council, is an impractical method that often leads to
a loss of the necessary connection between the Council and each of these two committees, and to the difficulty of understanding the motives of either of them when
making a highly important decision. This is in addition to the fact that the Council does not know what is happening in the
community's schools and hospitals except through the few official communications it receives regarding the dismissal of an employee or the appointment of another.
As the Lay Council is primarily responsible for the work of each of these two committees
and is a higher authority for them on the one hand, and on the other hand, the Council, according to the powers granted to these two
committees explicitly or implicitly, considers each of them—rightfully—a committee whose decisions are difficult to reject without affecting
their powers and their ability to continue working, it is necessary to appoint a member of the Lay Council to
each of the schools and hospitals committees so that he may present the Council's point of view to the committee and present the
committee's point of view fully to the Council.
In this way, there will be no need to hold joint meetings except in extreme exceptional cases, and
the Lay Council will be continuously and adequately informed of the progress of work in each of the two mentioned committees.
Please accept my utmost respect.
Sincerely,
Yaqub Balbul
Y/
1351 AH, Night of 21 Rabi' al-Thani
Baghdad, at the Supreme Council for Shia Muslims
In the name of God
Greetings and respect
We, the undersigned members of the Scientific and Spiritual Body of Shia scholars in
Iraq, gathered in Najaf al-Ashraf on the occasion of the anniversary of the death of Imam Ali bin Abi Talib, peace be upon him,
extend to your high position our deepest condolences on this painful tragedy that shook the entity of the entire Islamic nation.
From this standpoint, we would like to draw your kind attention to the fact that the Shia community in Iraq suffers from marginalization
and exclusion in government jobs and sensitive positions in the state, even though we constitute the overwhelming majority of the country's population.
We demand the removal of this injustice and oppression from the sons of our honorable community and the achievement of justice and equality among all components of the Iraqi
people without discrimination or differentiation on a sectarian or denominational basis. We believe that Iraq's strength lies in the unity of its sons
and their solidarity to face the external and internal challenges facing the country at this critical historical stage.
We hope that your high position will take the necessary measures to ensure the rights of the members of the Shia community in all fields,
especially in public jobs and political representation, in proportion to their size and influence in Iraqi society.
We emphasize our absolute loyalty to the homeland and our keenness for its security and stability, and we call on everyone to work in the spirit of one team
to achieve progress and prosperity for our dear country. In conclusion, we ask God Almighty to protect you, care for you, and guide your steps
for what is in the good and righteousness of the country and the people.
We ask your high position to kindly consider this request of ours and take the necessary measures to lift the grievance from
the sons of our honorable community and achieve justice and equality among all the sons of the dear Iraqi people.
Please accept the highest expressions of respect and appreciation.
The Undersigned
Members of the Scientific and Spiritual Body
Najaf
Agenda for the Lay Council Meeting
Five o'clock on the evening of Thursday, 12/9/1948
At the headquarters of the Community Presidency
⟦line⟧
1 - Discussion with the Community Subscription Committee for the service of refugees and the wounded to decide how to dispose of the donated amounts.
2 - Approval of the payment of salaries and allowances for the month of November 1948.
3 - Approval of administrative expenses for the Community Presidency, the Spiritual Council, and the Slaughterhouse.
4 - Approval of the renovation expenses for the Hadia Nashi Saleh School for Girls.
5 - Consideration of the petition of the Chief Clerk of the Religious Court, Mr. Nashi Saleh.
6 - Consideration of setting a salary for Rabbi Yaqub Musafi, recently elected to the membership of the Spiritual Council.
7 - Miscellaneous ⟦line⟧
⟦line⟧
On behalf of / !
Presidency of the Jewish Community
in Baghdad
Telephone No. { 3531 President
5452 Secretary
Number: 843
Subject:
Date: 11 / 29 / 1948
The honorable Mr. Heskel Khedhouri Shohet, Respected
Greetings,
You are kindly requested to honor us with your presence at the Community Presidency on Wednesday,
12 / 1 / 1948 at four-thirty in the afternoon to deliberate with
your presence regarding the community's important matters ⟦line⟧.
Please accept our highest respect ⟦line⟧;
Sincerely,
Sassoon Khedhouri
President of the Community
14
Agenda for the Lay Council Meeting
Five o'clock on the evening of Thursday 11/25/1948
At the headquarters of the Community Presidency
⟦line⟧
1 - Consideration of the Property Committee's letter regarding the registration process for the Menashi Saleh School and the shop belonging
to the Alliance School endowments anew in the Land Registry departments ⟦line⟧
2 - Approval of certain expenses ⟦line⟧
3 - Consideration of the Hospital Committee's letter regarding the committee's request pending with Mr. Meir Dangoor.
4 - Consideration of the Schools Committee's letter regarding the appointment of Mr. Salmon Dayan as Director of the Albert Sassoon School
and Mrs. Saboura Dayan as Director of the Laura Kadoorie School.
5 - Miscellaneous ⟦line⟧
⟦line⟧
On behalf of/
The Lay Council of the Israelite Community
in Baghdad
Telephone No. 5452
No.: 205
Date: 15 / 11 / 1948
Subject Summary: ⟦line⟧
To the Honorable Mr. Heskel Khedhouri Shohet, Respected
After greetings and respect,
I have the honor to inform you that the Lay Council has decided in its meeting held
on 11 / 11 / 1948 to elect you to fill the vacant membership therein, in accordance with the provisions of Article
Twenty-three of the Israelite Community Regulation No. 36 of 1931, in view of the
zeal and sacrifice for the public interest that it recognizes in your presence.
Please accept my sincere wishes for your success and prosperity, with
highest respect;
Sincerely,
⟦illegible⟧
Vice President
Attachments
Enc/ A copy of the Community Law
Collection
The Israeli Community Law No. (77) of 1931
and the Israeli Community Regulation No. (36) of 1931
Printed by the Israeli Charitable Society in Baghdad
at its own expense with special permission from
The Honorable Ministry of Justice
1932
« Price per copy: six annas »
Collection
The Law of the Israeli Community No. (77) of 1931
and the Regulation of the Israeli Community No. (36) of 1931
Printed by the Israeli Charitable Association in Baghdad
at its own expense with special permission from
the Honorable Ministry of Justice
1932
"Price per copy: six annas"
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Article Three
a - The President and the Chief Rabbi shall be of Iraqi nationality and
shall have completed at least thirty-five years of age. They shall be elected by the General
Council, provided that their term of office shall be four years.
b - The President of the community may be a layman or a rabbi, and it is permissible to combine
the position of the President of the community and the Chief Rabbi in one person.
Article Four
The President shall be appointed by Royal Decree and dismissed by Royal Decree, which may be issued
under the following circumstances: -
1 - By submitting his resignation to the Minister of Justice.
2 - Upon being sentenced to imprisonment by any criminal court.
3 - By a resolution issued by the General Council to dismiss him following an accusation
against him, after conducting the investigation prescribed by law.
4 - By a resolution issued by the Council of Ministers to dismiss him for negligence in following the orders
issued in accordance with Article Seventeen of this Law.
Article Five
a - When the need arises, the President shall convene the General and Spiritual Councils and exercise
all powers and functions granted to him by law and shall be the official representative
of the community regarding its dealings with the Government.
Law
of the Jewish Community No. (77) of 1931
We, the King of Iraq
With the approval of the Senates and the Chamber of Deputies, have ordered the enactment of the following law: -
Article One
The Jewish community in Iraq consists of several groups, and each
group consists of Jews residing in an area designated according to the regulation.
Upon the implementation of this law, the recognized groups shall be those that
have centers in Baghdad, Basra, and Mosul.
Other communal formations may be added, their areas determined according to the regulation, and
following this addition, the areas of existing groups shall then be adjusted.
Article Two
A - Each of the groups of Baghdad, Basra, and Mosul shall have a president, a Chief
Rabbi, a General Council, and a Lay Council, except that the Baghdad group
shall have a Spiritual Council in addition to that.
B - Other groups shall have a president, a General Council, and a Lay Council,
but a Chief Rabbi shall not be appointed for them unless a religious court is formed for that
group in accordance with Article Fourteen of this law.
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B - If it is impossible for the Lay Council to perform its duties for any reason,
the President himself must take whatever measures he deems necessary
to preserve the affairs of the community, provided that he explains to the Council in its next meeting
all the actions he has taken in this manner.
Article Six
1 - The Lay Council consists of a President and eight members in the Baghdad community,
and a President and four or six members in other communities as determined by
the regulations. The General Assemblies elect the Lay Councils from among the laymen,
and their term of office shall be for two years, provided that the members have
completed at least twenty-five years of age.
X
2 - The President of the Lay Council shall substitute for the Head of the Community if it is impossible for this
Head to perform the work due to illness or any other reason.
3 - If the Head of the Community is a layman, he shall preside over the Lay Council, and in this
case, a President is not elected for this Council; rather, the Lay Council elects
one of its members as a Vice-President to preside over the Council sessions and perform the duties of
the Head of the Community when necessary.
4 - The Chief Rabbi attends the sessions of the Lay Council if the said Council invites him,
and he must provide the Council with all the requested information
pertaining to the affairs of the community.
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Article Seven
The functions of the Lay Council are:
1 - Supervising the administration of estates, roofed properties, and properties endowed
for charitable purposes.
2 - Managing schools and charitable institutions.
3 - Managing all matters related to expenditure and revenue, including the collection of
communal fees and dues, and the appointment and dismissal of employees.
4 - Exercising all powers granted to the Council by the regulations.
Article Eight
If the Lay Council decides that one of the cases referred to it is among the matters
that must be decided upon by the General Council, the Head of the Community must
order its referral to the General Council.
Article Nine
1 - In the Baghdad community, supervision over the education of clergymen, over
doctrinal resolutions, and over all other matters related to the proper conduct of the
spiritual affairs of the community shall be by the Spiritual Council, which consists of the
Chief Rabbi, who presides over it, and seven members elected by the General
Council for a term of four years.
2 - The Chief Rabbi shall perform those functions related to the aforementioned matters.
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as authorized by the Spiritual Council.
3 — In other communities besides Baghdad where a Chief Rabbi is appointed, he
is the one who supervises the spiritual matters pertaining to the community.
4 — The Spiritual Council in Baghdad and the Chief Rabbi — in other
communities — have the right to request the Head of the Community to submit
important matters to the General Council for a decision.
5 — The General Council may dismiss the Chief Rabbi after conducting an investigation
in accordance with the regulations issued under this law.
Article Ten
1 — The General Council of the Baghdad community consists of sixty persons, provided that
seven of them are Rabbis.
2 — The General Council in other communities consists of twenty to forty
persons as determined by the regulations.
3 — The members of the General Council in Baghdad, excluding the Rabbis, shall each be
no less than twenty-five years of age and shall be elected by the members of
the community. The right to vote is granted to every person who has completed
twenty-one years of age. The term of membership shall be four years.
4 — The Rabbis of the Baghdad community elect the Rabbis for the General Council.
5 — All members of the Lay Council and the Spiritual Council have the right to attend meetings
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the General Council and participate in the deliberations, however, those who were not
members of the General Council shall not have a vote in it.
6 - The head of the community presides over the General Council.
Article Eleven
The functions of the General Council are the election of the presidents, the chief rabbis,
and the councils, general supervision over the work of the councils, approval of budgets, approval
of accounts, deciding on matters referred to them in accordance with Articles Eight
and Nine, and conducting ongoing business as authorized by the regulations.
Article Twelve
1 - No person is permitted to participate in elections or be a member
of one of the councils unless they are of Iraqi nationality.
2 - No one who is not proficient in reading and writing shall be a member of one of the councils.
3 - No one who has been convicted of a felony or a misdemeanor involving dishonor shall be a president,
a chief rabbi, or a member of one of the councils.
4 - Except for the president, no physical person has the right to be a member of one
of the councils if they receive a salary from the community treasury.
Article Thirteen
1 - A member is dismissed from one of the councils by submitting their resignation to the president of the
competent council.
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2 - A member shall be dismissed from one of the councils by a decision of that council after
his accusation and the conduct of an investigation against him in accordance with the procedures stipulated in the regulations.
3 - The election of a person to a position or membership is not prevented merely by his previous appointment to that
position, to that membership, or to that council.
4 - Members of the Lay and Spiritual Councils may be elected from among the members of
the General Council or from outside it.
Article Fourteen
1 - In the communities of Baghdad, Basra, and Mosul, and in other communities that
are designated by Royal Decree, a religious court shall be formed and shall have the right of jurisdiction to hear
lawsuits of marriage, dowry, divorce, separation, alimony, and the verification of
wills, except for matters falling within the jurisdiction of the civil courts specialized for members of
the community except for foreigners among them, and all matters pertaining to personal status
as submitted to the court by agreement of both parties.
2 - The jurisdictional area of each of the religious courts shall be determined according to the regulations.
Article Fifteen
1 - In the Baghdad community, the religious court consists of three members of the
Spiritual Council who are elected from time to time by the Spiritual Council
as stipulated in the regulations.
2 - In other communities, the court consists of the Chief Rabbi and from
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rabbis elected by them on the condition that in the absence of two rabbis, the
Chief Rabbi shall replace them with two persons from the laity.
3 - It is permissible to review the decisions of all religious courts upon the request
submitted by the concerned party. The review shall be conducted by a court composed
of the Chief Rabbi of the Baghdad community and four members of the Spiritual
Council in Baghdad, provided that none of them was a member
of the court that issued the appealed judgment.
4 - The Spiritual Council in Baghdad has the right, to ensure justice, to appoint two rabbis
to be additional members replacing members who are unable to
attend the sessions of the religious courts, provided that these
additional members do not participate in any other way related to the Council's affairs.
5 - In communities other than the Baghdad community, the Lay Council has the right to appoint
another rabbi to deputize for the Chief Rabbi in the event of his absence from
the religious court.
6 - The judges and employees of the religious courts are considered public officials with respect
to the performance of their duties in those courts.
7 - The Lay Council has the right to appoint a Jewish lawyer possessing the status of a lawyer
to attend the sessions of the religious courts to guide the court regarding
legal matters and the rules of pleading. The lawyer shall participate in the deliberations
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without delay.
2 - In implementation of the orders issued by the Minister of Justice under this article, and
in the absence of a president or his deputy, or in the case of neglect or inability of the president
to implement the mentioned orders, the Minister of Justice may temporarily appoint an acting
president.
3 - Before exercising his authority under this article, the Minister of Justice shall take
the measures he deems appropriate to enable him to ascertain the will of the community.
Article Eighteen
All Ottoman regulations concerning the Jewish community are hereby repealed by this law, along
with any amendments that may have been made to them.
Article Nineteen
1 -- This law shall come into effect three months after the date of its publication in
the Official Gazette.
2 - Upon the implementation of this law, new elections shall be initiated immediately;
the institutions formed at the date of application of this law shall continue to perform
their functions until the results of the elections.
3 - The Sectarian Decree No. 24 of the year 1930 is repealed upon the publication of this law.
Article Twenty
The Minister of Justice shall implement this law.
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the Court, provided that he shall have no judicial authority unless he is appointed as a member of
the Court in accordance with the second paragraph of this Article.
Article Sixteen
Regulations may be issued for the following purposes:-
A - To determine the procedures for elections and the election of candidates.
B - To determine the method for convening councils and how business is conducted therein.
C - How to impeach heads, the Chief Rabbi, and members of councils, and the manner
of conducting investigations against them.
D - Determining the disciplinary authority of the councils over their members.
E - Determining the circumstances under which a vacancy occurs in one of the positions or
councils formed in accordance with this law and the method of appointment to the vacant position.
F - Determining the powers and duties of councils and officials.
G - For the proper implementation of this law in general and for managing the affairs of the community.
Article Seventeen
1 - When a dispute arises within one of the groups regarding one of the provisions of
this law or regarding the regulations issued under it, and that dispute is
to a degree that obstructs the functioning of the religious courts or other communal matters,
the Minister of Justice may issue such orders as he deems appropriate to the Head regarding
the procedures to be followed, and the Head must order the execution of those orders.
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Regulation
Of the Jewish Community No. (36) of 1931
We, the King of Iraq,
After reviewing Article 16 of the Jewish Community Law No. 77
of 1931, and based on what was presented by the Minister of Justice and with the approval of the Council of Ministers,
ordered the placement of the following regulation: -
Article One
The General Council in Basra shall consist of a president and thirty members, and in
Mosul of a president and twenty members. The Lay Council in Basra shall consist
of a president and six members, and in Mosul of a president and four members.
Article Two
1 - The election of the General Council members shall be conducted under the supervision of an election committee
composed of five persons appointed by the Minister of Justice in Baghdad
and by the Mutasarrif in Basra and Mosul. One of them shall be an official of the
Justice Department, and the other four shall be from the notables of the community, provided that in the
Baghdad community, one of these four members shall be a member of the Spiritual Council.
2 - The election committee must designate the electoral divisions and their centers which
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Written in Baghdad on the twenty-sixth day of the month of May in the year 1931
And the ninth day of the month of Muharram in the year 1350.
Faisal |
Nuri al-Said | Jamal Baban
Prime Minister | Minister of Justice
⟦line⟧
Published in Iraq Gazette Issue No. 989 dated June 1, 1931
——♦——♦——♦——
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previously participated in the election in another division.
3 – It is not permissible to elect a person who was elected as a member in one of the divisions
as a member in another division.
4 – The results of the elections in each division shall be immediately announced to the divisions in which
the election has not yet taken place.
Article Five
On the day designated for election in each division, the electoral body or
the majority of its members shall attend under the chairmanship of the member representing the Minister of Justice, and shall be joined by
those who are able to attend from the mukhtars of the neighborhoods located in that division, and they shall prepare
the ballot papers stamped by them. After opening the ballot box and showing it publicly,
they shall lock it with two keys, one of which shall be kept with the spiritual member and the second with one of the other
members. Then they shall proceed with the election by giving each voter a stamped paper to write in it
the names of those he wishes to elect, and he shall cast it by his own hand into the box. At the end of the designated
time, the box shall be removed and kept with the head of the body, and no appeal from any
voter shall be accepted.
If a doubt arises regarding the identity of one of the voters, the electoral body must
verify it from the present mukhtars.
The election continues from day to day as necessary, provided that its duration does not exceed
three days.
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the election is conducted in it provided that the number of electoral branches in
Baghdad is not less than six, and the Electoral Commission also determines the number of members who
must be elected from each branch in view of the proportion of the community's population in the branch.
Article Three
1 - Before starting the elections, the Electoral Commission must organize a register of the names of
all those who have the right to vote, and it shall be hung in a prominent place in each district of
the electoral districts for a period of eight days before the date of the election, in order to allow
those whose names were not included in the aforementioned register to object to that before
the Electoral Commission.
2 - Every voter who wishes to participate in the election must participate in
the elections of the branch in which his place of residence is located, but he is not restricted
to electing persons residing in that branch or in any specific branch.
Article Four
The Electoral Commission must meet and determine the day on which the election will take place
in each branch, and the dates of the beginning and end of the election, and announce that in
the local newspapers, and it must observe the following in that regard:-
1 - That the commencement of the election shall be at least one week after the date
of its announcement.
2 - That no person shall be allowed to participate in the election if he has
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with a statement of the number of votes obtained, for the purpose of Article 15 of
this regulation.
Article Eight
The Electoral Body shall prepare a report on the results of the election for each of its divisions.
At the conclusion of the elections in all divisions, the report shall be submitted to the Minister of Justice in
Baghdad and to the Governor in Basra and Mosul, while sending a copy thereof to the Head
of the Community.
Article Nine
Every expense required for the election shall be paid by the Lay Council, provided that
no fee or allowances shall be allocated to the Electoral Body, with the exception of the representative of the Minister of Justice,
who shall receive the allowances agreed upon by the Minister of Justice and the Lay Council.
Article Ten
The Chief Rabbi in Baghdad must maintain a register containing the names of
all persons possessing the status of Rabbinate residing in Baghdad, and shall submit a copy
of it to the Electoral Body at the start of its work. The Electoral Body, before
the election of the General Council is completed, must appoint a day on which the election of the seven
Rabbis who are members of the General Council shall take place, and announce this in one of the local
newspapers. On the said day, the election of the aforementioned persons shall be conducted in the same
manner previously described for the election of the other members of the General Council. And it shall be restricted
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Article Six
It is not permissible to nominate a person, promote them, or challenge them by
anyone inside the premises where the election is taking place. Anyone who dares to do so
shall be expelled by order of the President.
Article Seven
1 - Upon completion of the elections, the committee shall open the ballot box in the presence of
the majority of its members and classify the votes, and it must disregard papers that are not
stamped by it. It must also disregard every name appearing on the ballot
in excess of the number of elected representatives designated for that division, and the
excess is determined according to the order of the names on the ballot after
leaving out the names of the persons who must be omitted according to paragraph 2 of
this article.
2 - The name of a person who has been elected in another division must be omitted,
or if it was not possible to read their name, or if they did not possess the legal
conditions, or if their identity was not verified.
3 - If two or more people receive an equal number of votes and in
this way an excess occurs in the number required for election in the division, the
full number shall be realized by lot.
4 - The names of persons who were disregarded solely due to an excess in their number shall be recorded
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the Israeli must be decided upon urgently. It is also permissible for
the General Council to meet in an ordinary or extraordinary meeting upon the invitation of the Minister of Justice
in Baghdad or the invitation of the Mutasarrif in Basra or Mosul.
Article Fourteen
A quorum is considered reached in the sessions of the General Council, both ordinary and extraordinary,
when a majority consisting of two-thirds of its members meets.
And if the required quorum is not reached, the Council is called a second time, and at that time no regard is given
to reaching the quorum, provided that none of the articles are decided unless sixteen
votes in Baghdad, or eight votes in Basra, or five votes in
Mosul have approved the proposal. Decisions in all matters are taken by a majority
of the votes of those present, and if the votes are equal, the vote is repeated. The head of
the community does not vote in the General Council unless he is one of its members. And in that case,
if an equality of opinions occurs, he shall have a second, casting vote.
Article Fifteen
If a membership in the General Council becomes vacant for any reason, it shall be filled
by the person whose name is the first of the names with the most votes in the competent
division. The head of the community must notify that person of the matter. A
member of the General Council who does not attend two consecutive sessions without a legitimate
excuse shall be warned of the necessity of attendance, and if he does not attend the third session, he shall be considered separated.