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2 / 7 / 41 Presidency of the Jewish Community ⟦illegible⟧
IJA 3310
Correspondence Regarding Legal (Marriage and Divorce) Proceedings between the Ministry of Justice and the Jewish Religious Courts
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These documents include several construction contracts and accounting information for the Baghdadi Jewish Community. Also included are letters of correspondence between the Iraqi Ministry of Justice and the Jewish Religious Courts regarding legal issues, often involve marriage and divorce proceedings and jurisdiction issues. Most documents originating from the Jewish Courts are handwritten in Judeo-Arabic.
AI English Translation, Pages 676-700
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25/ ⟦illegible⟧ 99 Judgment ⟦illegible⟧ 1577 Presidency of the Jewish Community in Baghdad 16/4/46 - Informing you of their word 692 on the 8th of this month 10 February 46 The specific statistics will benefit you regarding those who passed away due to the drops and the residents of ⟦illegible⟧ from our notification of arrival ⟦illegible⟧ Presidency of the Jewish Community: Baghdad: File Number: 202 Date: 25/4/46 ⟦illegible⟧ the Rabbi
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The Israeli Religious Court Baghdad Number: Date: 15 May 946 His Excellency the President of the Israeli Community, Respected We kindly request the return of the attached petition to the Honorable Ministry of Justice with the following note: "The lawsuit referred to in the attached petition has already been settled by the Israeli Religious Court in Baghdad, and it was also reviewed by the Israeli Spiritual Court of Cassation, and the judgment issued regarding it has become final." President ⟦illegible signature⟧ Mazal Ovadia ⟦line⟧ Attachments ⟦line⟧ Petition of Mrs. Esther Ezra Ovadia
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Presidency of the Jewish Community
in Baghdad
Telephone Number { 3531 President
5452 Secretary
Number:
Subject:
Date: 16 May 946
The Honorable Ministry of Justice
Baghdad
We return to you the petition of Mrs. Esther Ezra Ovadia, which was referred to the
Jewish Religious Court by your marginal note numbered A / 349 / 44 and dated 10 / 4 / 46
noting that the aforementioned court has confirmed the following observation regarding
the content of the petition:-
"The lawsuit referred to in the attached petition has already been settled
by the Jewish Religious Court in Baghdad, and it was also reviewed by the
Jewish Religious Court of Appeals, and the judgment issued regarding it has become final."
President of the Community
Attachments
Petition
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16 May 946 The Honorable Ministry of Justice Baghdad The Israeli Religious Court has requested us by its letter dated 15/5/46 to return to you the petition of Mrs. Esther Ezra Obeidia referred to the Israeli Religious Court by your marginal note numbered A/349/44 and dated 10/4/46 noting that the aforementioned court has provided the following observation regarding the content of the petition dated 10/4/46 as follows: - "The lawsuit referred to in the attached petition has already been settled by the Israeli Religious Court in Baghdad, and it was also reviewed by the Israeli Sharia Court of Cassation, and the judgment issued regarding it has become final." Returning the petition of Mrs. Esther Ezra Aboudia to your honorable ministry, noting that the aforementioned court has replied to the marginal note numbered A/349/44 on 10/4/46 Head of the Community Attachments ⟦line⟧ Petition ⟦illegible⟧ 5/16
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May 20, 946 The Honorable Ministry of Justice Baghdad The Israeli Religious Court has requested us in its letter dated 5/15/946 to return the petition of Mrs. Esther Ezra Ovadia to your honorable ministry noting that the aforementioned court has replied to your marginal note numbered A/349/A and dated 4/10/46 as follows:- "The lawsuit referred to in the attached petition has already been settled by the Israeli Religious Court in Baghdad, and it was also reviewed by the Israeli Sharia Court of Cassation, and the judgment issued regarding it has become final." File 5/20 Alwan Head of the Community Attachments Petition To be issued after taking a copy of the petition, please 5/21
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⟦illegible⟧ Return of file 22 May 946 His Eminence, President of the Jewish Religious Court, Respected Reference to your letter numbered 821 dated 11 / 4 / 946 We return to you, accompanying this letter of ours, the file numbered 69 / 70 regarding the lawsuit of Salim Hanouka Kahar Yaeel and Saida Shaul Mashal. ⟦signature⟧ On behalf of / Head of the Community
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The Religious Court of the Holy Community Baghdad, may God protect it The Jewish Religious Court - Baghdad JEWISH RELIGIOUS COURT BAGHDAD Number: 824 Date: 11/4/946 File Number: 706/69 Jewish Community Number ⟦illegible⟧ 291 Date 12/4/46 His Eminence Hakham Sassoon Khedouri, the Respected President of the Jewish Community - Baghdad With reference to the letter received by our court from the Baghdad Peace Court, number 1008, dated 9/4/946 we are sending herewith the lawsuit file numbered 706/69 concerning the lawsuit of Salim Hazqeel and Saeeda Shaul Shammal we kindly request you to present it to the aforementioned court for review as requested, noting that it contains 17 pages ⟦illegible signature⟧ The President
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The Rabbinical Court of etc. Baghdad, may God protect it The Jewish Religious Court - Baghdad JEWISH RELIGIOUS COURT BAGHDAD Number: 699 Date: 8/18/947 File Number: Request for Lawsuit Files Legal Codification Bureau A / 426 / 946 June 16 / 1947 Personal Status Court The Jewish Religious Court in Baghdad Please provide us with the files related to the lawsuits formed between (1) Ezra Saleh, the employee at the Railway Department, and his wife Simha Salhoun. (2) And between him and his mother Jamla Yousef and his sister Rahina Saleh, and they will be returned to you immediately after the audit is completed. On behalf of the Minister of Justice A copy of it to - The Presidency of the Jewish Spiritual Council in Baghdad - For information and to send the specific files regarding the mentioned lawsuits 699 18 / 8 / 947
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The Court of Justice of the Holy Community Baghdad, may God protect it The Jewish Religious Court - Baghdad JEWISH RELIGIOUS COURT BAGHDAD ⟦line⟧ Number: 885 Date: 20 / 6 / 946 File Number: 705 / 1 His Eminence Rabbi Sassoon Khedhouri, the respected President of the Jewish Community in Baghdad Presidency of the Jewish Community Number 249 Date 22 / 2 / 946 The Legal Instructor, in his letter numbered 4 / 249 / 946 and dated 16 / 7 / 946, has repeated his request to our court to provide him with the file related to the lawsuit between Ezra Sayegh and his wife Simha Salton - And since the aforementioned file had been requested by the Baghdad Court of First Instance and was sent to them along with our letter to you dated 15 / 6 / 946 and numbered 875 Therefore, we request that the aforementioned department be informed that it is with them and then send the aforementioned file at the present time Salman Hoshi Hugi Shlomo The President
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Sending a file 23 June 946 The Honorable Ministry of Justice Bureau of Legal Codification Reference to your letter numbered A / 326 / 946 and dated 16 June 946 We are sending you along with this letter the discriminatory lawsuit file numbered (433) concerning the lawsuit of Ezra Saleh Shatoub and his wife Simha Daoud Saltoun containing 9 papers, as per your request, hoping to have them returned to us after completion. ⟦signature⟧ Head of the Community Attachments ⟦line⟧ File No. 433 containing 9 papers
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Court of Appeal Baghdad Court of Cassation Israeli Sharia - Baghdad Number: 1690 Date: 21 / ⟦May⟧ / 706 Corresponding to: 20 / 6 / 946 His Excellency the Respected Minister of Justice Through the Head of the Spiritual Council in Baghdad The plaintiff-appellant, the plaintiff-appellant, submitted to us on 4 / 226 / 946 and on the date 16 / 6 / 946 a statement of appeal against the decisions issued by the Council Spiritual in Baghdad on the date 22 / 5 / 946 (9) the first in the lawsuits that had been filed against him by his brother Salman, the appellee, and related to the oath of the appellee in the introduction the appellee in the introduction Nissim Kadoorie Isaac Hayyim ⟦illegible⟧
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24 June 946 The Honorable Ministry of Justice Bureau of Legal Codification Reference to your letter numbered A / 6 / 946 / 32 and dated 16/6/946 addressed to the Jewish Religious Court in Baghdad The aforementioned court has previously sent the case file formed between Ezra Saleh and his wife Simha Salton to the Baghdad Court of First Instance on 12/6/946 based on the request of the aforementioned court. ⟦signature⟧ Head of the Community
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Iraqi Government Ministry of Justice Number: A / 528 / 946 Date: 10 / 10 / 1946 Legal Codification Bureau Division Subject Summary ⟦line⟧ Presidency of the Jewish Community - Baghdad Reference to your letter No. 9051 dated 22 / 9 / 946. We return to you herewith the two Sharia lawsuit files related to the petitioners Juliet Yusuf Sofair and Ibrahim Ezra Sofair, requesting you to inform us of their receipt and to inform the two parties that we have not found any of the reasons stated in paragraph (e) of Article One of the Jewish Community Law Amendment Law No. 39 of the year 1945 that calls for reconsideration and the formation of the Special Council. Minister of Justice A copy of it to:- Presidency of the Jewish Sharia Court of Cassation } For information Presidency of the Jewish Religious Court in Baghdad } Jamal / S
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Department Copy ⟦illegible⟧/10/946 8084 The Honorable Ministry of Justice Reference to your letter numbered A/946/528 and dated 5/10/946. We hereby confirm our receipt of the Sharia lawsuit files related to Juliet Yusuf Sofair and Ibrahim Ezra Sofair referred to in your above-mentioned letter. ⟦signature⟧ Head of the Community Copy to ⟦line⟧ His Eminence the President of the Israeli Sharia Court of Cassation, we return to you the Sharia file numbered 442 and dated 24/6/946 regarding the lawsuit under discussion. His Eminence the President of the Israeli Religious Court ⟦line⟧ we return herewith the Sharia file numbered 145/6/70 and dated 13/3/946 related to the lawsuit under discussion.
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Department Copy 888 10/21/946 His Excellency the Honorable Minister of Justice After greetings and respect Reference to your letter numbered A/945/232 and dated 7/28/946 The Special Council convened to consider the lawsuit of Heskel Murad Shantoub and his fiancée Nazima Daoud Ballas, which was formed pursuant to our letter numbered 8935 and dated August 2, 946, under the chairmanship of the eldest member, His Eminence Rabbi Raphael Isaac Hayyim. After studying the files related to the aforementioned lawsuit and deliberating on it, the Council issued its decision on the lawsuit under discussion on October 1, 946. We attach herewith for Your Excellency a copy of the aforementioned decision. Please, Your Excellency, accept our respect. Sassoon Head of the Community Attachments (2)
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The Israeli Cassation Council Number ⟦illegible⟧ Date 7 / 10 / 945 His Eminence Rabbi Sassoon Khedouri, Respectfully President of the Jewish Community in Baghdad Presidency 946 With reference to your letter numbered 8545 and dated August 2, 945 The Cassation Council convened to consider the lawsuit of <del>the work</del> Murad Shakhtoub and Fatina Nazmiya Zor Balas according to the judicial decision issued by His Excellency the Minister of Justice on 12 / 2 / 945 and has issued on October 4, 945 its decision in the aforementioned lawsuit. We attach herewith two copies of the mentioned decision and request the favor of notifying one of them to His Excellency the Minister of Justice for his information. The Rabbi Raphael Hay Zion ⟦hebrew script⟧ President of the Cassation Council for considering the lawsuit of Manheel Murad Shakhtoub and Fatina Nazmiya Zor Balas A copy of it to The Israeli Religious Court in Baghdad with its own case file The Spiritual Cassation Council, attached with a copy of the Cassation Council's decision for review and to act accordingly.
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- 2 - And whereas this council sees that the last medical report dated 8/6/945 came confirming that the fiancée is unable to return to Iraq and mentioning the supporting reasons for that and the danger resulting from her violation, and whereas the fiancé did not prove the falsity of the medical report, and whereas the procedures of the religious court regarding the estimation of the alimony amount came in accordance with the Sharia, and whereas there was nothing in the procedures of the Jewish Religious Court in Baghdad or the Jewish Spiritual Court of Cassation indicating that they did not act in accordance with the letter of the Ministry of Justice certifying the decision of the Codification Bureau No. A/16/45 dated 16/5/945 because the religious court's ruling was not based on the first report but on the last medical report dated 8/6/945 - therefore, it was decided to ratify the decision of the Jewish Religious Court dated 5/11/45 ruling to obligate the fiancé to pay an amount of fifteen dinars to be received by the fiancée starting from 18/6/945 and the decision of the Spiritual Court of Cassation issued on 31/12/945 in support of the aforementioned religious court decision and it was decided to deposit a copy of this decision for each of the Jewish Religious Court in Baghdad and the Spiritual Court of Cassation Jewish for review and action accordingly, and it was issued by agreement on October 1st year 1946. ⟦Sassoon Khedouri⟧ ⟦Isaac ...⟧ ⟦...⟧ The President
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Number ..... for the year 945 Regulation of the Law Amending the Law of the Jewish Community Number 77 for the year 945 ⟦line⟧ With the approval of the Senates and the House of Representatives, we ordered the enactment of the following law:- Article One - Paragraph (2) of Article Fifteen of the Jewish Community Law is repealed and replaced with the following:- 2 - A - A council shall be formed in Baghdad called the Jewish Spiritual Court of Cassation, whose members shall be elected by the Spiritual Council to audit the judgments issued by the Jewish religious courts in Iraq. This council consists of the Chief Rabbi of the Baghdad community and four members of the Spiritual Council in Baghdad who are not members of the religious courts. In the absence of the President, the aforementioned council shall be chaired by the eldest member, and the council's quorum shall be completed in the manner indicated in paragraph (4) of this article. - B - Cassation audits are conducted on the case file and the pleadings of the two parties, and the Spiritual Court of Cassation may, when necessary, summon the two parties before it to take the necessary clarifications from them, provided that the audit is not delayed for more than two months starting from the day the cassation petition is registered. - C - Neither the religious court nor the body of the Spiritual Court of Cassation, collectively or individually, may seek an opinion on the cases pending before them, and each of them must decide on the case without the participation of the other council. - D - The Spiritual Court of Cassation issues its decisions by consensus or by absolute majority, and in the second case, the reasons for the dissent are recorded at the end of the decision. - E - If it appears to the Minister of Justice, based on the review of one of the litigants in a case within two months from the date of the issuance of the Spiritual Court of Cassation's decision, that one of the two councils has violated the provisions of this law, or that there is a clear error, ambiguity, vagueness, or contradiction in the issued judgment, he may form a special council to reconsider the decision issued by the Spiritual Court of Cassation. - F - The special council mentioned in the previous paragraph shall be composed of five of the rabbis registered in the Register of Rabbis to reconsider the cassation decision requested to be reconsidered, and its decision shall be final. Article Two - This law shall be implemented from the date of its publication in the Official Gazette. Article Three - The Minister of Justice shall implement this law.
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No. ..... of the year 945 Regulation of the Law Amending the Jewish Community Law No. 77 of the year 945 With the approval of the Senates and Deputies, We have ordered the enactment of the following law: - Article One - Paragraph (2) of Article Fifteen of the Jewish Community Law is repealed and replaced by the following: - 3 - A - A council shall be formed in Baghdad called the Jewish Spiritual Court of Cassation, whose members shall be elected by the Spiritual Council to audit the judgments issued by the Jewish religious courts in Iraq. This council consists of the Chief Rabbi of the Baghdad community and four members ⟦from⟧ the Spiritual Council in Baghdad who are not members of the religious courts. In the absence of the President, the aforementioned council shall be chaired by the eldest member, and the quorum of the council shall be completed in the manner indicated in paragraph (4) of this article. B - Cassation audits are conducted on the case file and the pleadings of both parties. The Spiritual Court of Cassation may, when necessary, summon both parties before it to obtain the necessary clarifications from them, provided that the audit is not delayed for more than two months from the date of registration of the cassation petition. C - It is not permissible for the religious court nor for the body of the Spiritual Court of Cassation, collectively or individually, to seek an opinion on the cases pending before them, and each of them must decide on the case without the participation of the other council. D - The Spiritual Court of Cassation issues its decisions by consensus or by absolute majority, and in the second case, the reasons for the dissent are recorded at the end of the decision. E - If it appears to the Minister of Justice, based on the review of one of the litigants in a case within two months from the date of the issuance of the decision of the Spiritual Court of Cassation, that one of the two councils has violated the provisions of this law, or that there is a clear error, ambiguity, vagueness, or contradiction in the issued judgment, he may form a special council to reconsider the decision issued by the Spiritual Court of Cassation. F - The special council mentioned in the previous paragraph shall be composed of five of the rabbis registered in the Register of Rabbis to reconsider the cassation decision requested to be reconsidered, and its decision shall be final. Article Two - This law shall be implemented from the date of its publication in the Official Gazette. Article Three - The Minister of Justice shall implement this law.
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Number ..... for the year 945 Draft Law Amending the Jewish Community Law Number 77 for the year 945 With the approval of the Senates and Deputies, we have ordered the enactment of the following law:- Article One - Paragraph (2) of Article Fifteen of the Jewish Community Law is repealed and replaced by the following:- - A - A council shall be formed in Baghdad called the Jewish Spiritual Court of Cassation, whose members shall be elected by the Spiritual Council to audit the judgments issued by the Jewish religious courts in Iraq. This council consists of the Chief Rabbi of the Baghdad community and four members ⟦from⟧ the Spiritual Council in Baghdad who are not members of the religious courts. In the absence of the President, the aforementioned council shall be chaired by the eldest member, and the council's quorum shall be completed in the manner indicated in paragraph (4) of this article. - B - Cassation audits are conducted on the case file and the pleadings of the two parties, and the Spiritual Court of Cassation may, when necessary, summon the two parties before it to obtain the necessary clarifications from them, provided that the audit is not delayed for more than two months from the date of registration of the cassation petition. - C - Neither the religious court nor the body of the Spiritual Court of Cassation, collectively or individually, may seek opinions on the cases pending before them, and each of them must decide on the case without the participation of the other council. - D - The Spiritual Court of Cassation issues its decisions by consensus or by absolute majority, and in the second case, the reasons for the dissent are recorded at the end of the decision. - E - If it appears to the Minister of Justice, based on the review of one of the litigants in a case within two months from the date of the issuance of the Spiritual Court of Cassation's decision, that one of the two councils has violated the provisions of this law, or that there is a clear error, ambiguity, vagueness, or contradiction in the issued judgment, he may form a special council to reconsider the decision issued by the Spiritual Court of Cassation. - F - The special council mentioned in the previous paragraph shall be composed of five of the rabbis registered in the Register of Rabbis to reconsider the cassation decision requested to be reconsidered, and its decision shall be final. Article Two - This law shall be implemented from the date of its publication in the Official Gazette. Article Three - The Minister of Justice shall implement this law.
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No. ..... of the year 945 Draft Law Amending the Jewish Community Law No. 77 of the year 945 With the approval of the Senates and the Chamber of Deputies, we ordered the enactment of the following law: - Article One - Paragraph (2) of Article Fifteen of the Jewish Community Law is repealed and replaced by the following: - 2 - A - A council shall be formed in Baghdad called the Jewish Spiritual Court of Cassation, whose members shall be elected by the Spiritual Council to audit the judgments issued by the Jewish religious courts in Iraq. This council consists of the Chief Rabbi of the Baghdad community and four members ⟦from⟧ the Spiritual Council in Baghdad who are not members of the religious courts. In the absence of the President, the aforementioned council shall be chaired by the eldest member, and the council's quorum shall be completed in the manner indicated in paragraph (4) of this article. - B - Cassation audits are conducted on the case file and the pleadings of the two parties, and the Spiritual Court of Cassation may, when necessary, summon the two parties before it to take the necessary clarifications from them, provided that the audit is not delayed for more than two months starting from the day the cassation petition is registered. - C - It is not permissible for the religious court nor for the body of the Spiritual Court of Cassation, collectively or individually, to seek opinions on the cases pending before them, and each of them must decide on the case without the participation of the other council. - D - The Spiritual Court of Cassation issues its decisions by consensus or by an absolute majority, and in the second case, the reasons for the dissent are recorded at the end of the decision. - E - If it appears to the Minister of Justice, based on the review of one of the litigants in a case within two months from the date of the issuance of the Spiritual Court of Cassation's decision, that one of the two councils has violated the provisions of this law, or that there is a clear error, ambiguity, vagueness, or contradiction in the issued judgment, he may form a special council to reconsider the decision issued by the Spiritual Court of Cassation. - F - The special council mentioned in the previous paragraph shall be composed of five of the rabbis registered in the Register of Rabbis to reconsider the cassation decision requested to be reconsidered, and its decision shall be final. Article Two - This law shall be implemented from the date of its publication in the Official Gazette. Article Three - The Minister of Justice shall implement this law.
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No. ..... of the year 1945 Regulation of the Law Amending the Law of the Jewish Community No. 77 of the year 1945 With the approval of the Senates and Deputies, we ordered the enactment of the following law: - Article One - Paragraph (2) of Article Fifteen of the Jewish Community Law is repealed and replaced by the following: - 1 - A - A council shall be formed in Baghdad called the Jewish Spiritual Court of Cassation, formed according to its selection by the Spiritual Council to audit the judgments issued by the Jewish religious courts in Iraq. This council consists of the Chief Rabbi of the Baghdad community and four members ⟦from⟧ the Spiritual Council in Baghdad who are not members of the religious courts. In the absence of the President, the aforementioned council shall be chaired by the eldest member, and the quorum of the council shall be completed in the manner shown in paragraph (4) of this article. - B - Cassation audits are conducted on the case file and the briefs of the two parties, and the Spiritual Court of Cassation may, when necessary, summon the two parties before it to provide the necessary clarifications orally, provided that the audit is not delayed for more than two months starting from the day the cassation petition is registered. - C - It is not permissible for the religious court nor for the body of the Spiritual Court of Cassation, collectively or individually, to extract an opinion on the cases pending before them, and each of them must decide on the case without the participation of the other council. - D - The Spiritual Court of Cassation issues its decisions by consensus or by an absolute majority, and in the second case, the reasons for the dissent are recorded at the end of the decision. - E - If it appears to the Minister of Justice, based on the review of one of the litigants in a case within two months from the date of the issuance of the decision of the Spiritual Court of Cassation, that one of the two councils has violated the provisions of this law, or that there is a clear error, ambiguity, vagueness, or contradiction in the issued judgment, he may instruct the public interest to reconsider the decision issued by the Spiritual Court of Cassation. - F - The special council mentioned in the previous paragraph shall be composed of five of the rabbis registered in the Register of Rabbis to reconsider the cassation decision requested to be reconsidered, and its decision shall be final. Article Two - This law shall be implemented from the date of its publication in the Official Gazette. Article Three - The Minister of Justice shall implement this law.
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⟦Copy⟧ No. ....... of the year 1945 Regulation of the Law Amending the Law of the Jewish Community No. 77 of the year 1945 .... With the approval of the Senates and the Chamber of Deputies, We ordered the enactment of the following law:- Article One - Paragraph (2) of Article Fifteen of the Jewish Community Law is repealed and replaced by the following:- 2 - A - A council shall be formed in Baghdad called the Jewish Spiritual Court of Cassation, whose members shall be elected by the Spiritual Council to audit the judgments issued by the Jewish religious courts in Iraq. This council consists of the Chief Rabbi of the Baghdad community and four members of the Spiritual Council in Baghdad who are not members of the religious courts. In the absence of the President, the oldest member shall preside over the said council, and the quorum of the council shall be completed in the manner set forth in paragraph (4) of this article. B - Cassation audits shall be conducted on the case file and the pleadings of the two parties, and the Spiritual Court of Cassation may, when necessary, summon the two parties before it to obtain the necessary clarifications from them, provided that the audit is not delayed for more than two months starting from the day the cassation petition is registered. C - Neither the religious court nor the body of the Spiritual Court of Cassation, collectively or individually, may seek an opinion on the cases pending before them, and each of them must decide on the case without the participation of the other council. D - The Spiritual Court of Cassation issues its decisions by consensus or by absolute majority, and in the second case, the reasons for the dissent shall be recorded at the end of the decision. E - If it appears to the Minister of Justice, based on the review of one of the litigants in a case within two months from the date of the issuance of the Spiritual Court of Cassation's decision, that one of the two councils has violated the provisions of this law, or that there is a clear error, ambiguity, obscurity, or contradiction in the issued judgment, he may form a special council to reconsider the decision issued by the Spiritual Court of Cassation. F - The special council mentioned in the previous paragraph shall be composed of five rabbis - registered in the Register of Rabbis - to reconsider the cassation decision requested to be reconsidered, and its decision shall be final. Article Two - This law shall be implemented from the date of its publication in the Official Gazette. Article Three - The Minister of Justice shall implement this law. ⟦Justice⟧