AI en Translation, Pages 1-25
Page 5
1/20/1960
7
Al-Waqai' al-Iraqiya Issue No. 292
Seizure Decision
The Baghdad Second Seizure Committee met on 11/9/1959 under the chairmanship of Haqqi al-Ajjaj and the membership of Kamil Nassif and Yusuf Musa. It conducted an investigation regarding the lands belonging to Arif al-Suwaidi based on the decision of the High Committee for Agrarian Reform published in the Official Gazette No. 172 on 5/2/1959 and issued its following decision:-
1 - Rejection of the request of the respondent's agent regarding the exclusion of the archaeological mound area from his retained land due to lack of jurisdiction.
2 - The committee agreed to the aforementioned person's retention of the following lands after partitioning plot 4/1, District 9 Kuwayrish, into two plots numbered 4/3 with an area of 2180 dunams and 20 olks and 4/4 with an area of 796 dunams, and partitioning plot 5/2 into two plots numbered 5/3 with an area of 1519 dunams and 21 olks and 5/4 with an area of 144 dunams and 14 olks. All irrigation, drainage, and passage rights for all retained and seized plots are marked on the cadastral maps, as are the boundaries of the plots.
Plot | District and its Alias | Sub-district | Area Olk Dunam | Class | Descriptions
4/4 | 9 Kuwayrish | Al-Yusufiyah | - 796 | Lazma Grant | Agricultural, irrigated by gravity
4/2 | 9 Kuwayrish | Al-Yusufiyah | 21 59 | Tapu Delegated | Orchard planted, irrigated by gravity and pumps
5/4 | 9 Kuwayrish | Al-Yusufiyah | 4 144 | Lazma Grant | Agricultural, irrigated by gravity
Total | | | 1000 | |
3 - The committee decided to consider the following areas as Mahlula (vacated) and consider them purely state land (Miri Sirf) due to their non-cultivation for three years prior to the implementation of the law and one year after its implementation, as marked on the cadastral map.
Plot | District and its Alias | Sub-district | Area Olk Dunam | Class | Descriptions
5/3 | 9 Kuwayrish | Al-Yusufiyah | 7 57 | Lazma Grant | Agricultural as marked on the cadastral map with letter (A)
4/3 | 9 Kuwayrish | Al-Yusufiyah | 14 48 | Lazma Grant | Agricultural as marked on the cadastral map with letter (B)
4/3 | 9 Kuwayrish | Al-Yusufiyah | 11 23 | Lazma Grant | Agricultural as marked on the cadastral map with letter (A)
Total | | | 7 129 | |
4 - Seizure of what exceeds the maximum limit of lands and machinery belonging to the respondent as follows:-
A -
Plot | District and its Alias | Sub-district | Area Olk Dunam | Class | Descriptions
4/3 | 9 Kuwayrish | Al-Yusufiyah | 20 2108 | Lazma Grant | Agricultural, irrigated by gravity and pumps
5/3 | 9 Kuwayrish | Al-Yusufiyah | 14 1462 | Lazma Grant | Agricultural, irrigated by gravity and pumps
Total | | | 9 3571 | |
B - Machinery
Machine | Type | Power | Number
Water Pump | Ruston | 25 HP | 128017 with centrifugal pump 8x6
The decision was issued according to Articles 1, 4, and 28 of Agrarian Reform Law No. 30 of 1958, subject to objection within thirty days from the date of its publication in the Official Gazette and was pronounced publicly.
Member | Member | Committee Chairman
Survey Inspector | Administrative Official | Haqqi al-Ajjaj
Yusuf Musa | Kamil Nassif |
Page 7
Number
(2698)
Year
Twenty-Seventh
Al-Waqai' Al-Iraqiya
Amin
(The Official Gazette of the Iraqi Government) - Published by the General Directorate of Propaganda in Iraq
Registered at the Central Post Office in Baghdad under number (4)
Annual subscription fee: Two Dinars in the capital and Two Dinars and five hundred fils outside the capital
Price per single copy (20) fils
Monday - 30 Rabi' al-Awwal year 1368 and 31 January year 1949
From the Ministry of Justice
Jurisprudential Rulings and Rules
for the Mosaic Community in Iraq
Based on Article 19 of the Law for Regulating Religious Courts
for Christian and Mosaic Communities No. 32 of 1947
We order the publication of the following rulings and rules:-
Minister of Justice
On Betrothal (Kiddushin)
Article 1 - The betrothal contract is completed if the suitor hands over to his fiancée
a piece of money or anything of value in the presence of two witnesses and says
(Behold, thou art consecrated unto me with this according to the Law of Moses and Israel).
Article 2 - The betrothal contract must be completed in the presence of two witnesses
who are not related to each other or to the contracting parties.
Article 3 - If the quorum of testimony is not met at the time of the betrothal contract
or if there is a prohibiting kinship in one or both of the witnesses, the court
may rule that the contract is doubtful or void.
Article 4 - In all cases, the money or items
with which the suitor consecrated his fiancée at the betrothal shall not be returned.
Article 5 - Unity of religion is a condition for the validity of the contract.
Article 6 - A man may not betroth a woman pregnant from
another man or a woman nursing a child other than his own before the infant completes twenty-four
months.
Article 7 - If one of the betrothed parties changes their religion after the betrothal,
the betrothal remains standing and is not dissolved except by divorce.
Article 8 - If one of the betrothed parties changes their religion then becomes betrothed
to another, their betrothal is valid.
Article 9 - If the betrothal was valid and the woman was betrothed
a second time to another man, the second betrothal is void.
Page 8
Iraqi Al-Waqai' Issue 2698 20 1-31-1949
Article 10 - If the engagement is doubtful and the
woman receives a valid engagement from another man, then either both must divorce her
or the first one divorces her and the second marries her, and the reverse is not permitted.
Article 11 - The suitor may divorce his fiancée without compensation
if their engagement is doubtful.
Article 12 - The engagement is not dissolved except by divorce.
Article 13 - What the two parties stipulate in the engagement contract shall be
effective without the Sharia covenant (Kinyan) - as for the conditions agreed
upon after the contract, they must be documented by Kinyan.
Article 14 - If the engagement contract is devoid of conditions, the
custom of the town shall be applied.
Article 15 - According to the custom followed in the Iraqi region,
an increase at a rate of one-third is added to the dowry upon drafting the marriage contract.
Article 16 - If the suitor requests to dissolve the engagement without a legal reason,
he must pay his fiancée compensation of not less than one-third of her dowry
and divorce her. If the stipulated dowry is less than the status of one of them,
or if no dowry was stipulated, the amount of compensation shall be estimated by the court
in view of the status of the two parties.
Article 17 - If the suitor requests to dissolve the engagement, he has,
in all cases, the right to request the return of all his gifts that he sent
to his fiancée or their value, except for banquet expenses, small amounts,
and simple things he gifted for her personal use if they were consumed or lost, otherwise they shall also be returned. This ruling specifically applies in
the case of the death of one of them.
Article 18 - If the dissolution is requested due to the refusal of the fiancée's father to
implement the engagement conditions, all his expenses shall be compensated to him, even what he spent
on the banquets he held.
Article 19 - If the fiancée requests to dissolve the engagement without
a legal reason, she must return all his gifts to her to her suitor,
and compensate him for two-thirds of the value of the foodstuffs he sent to her.
If holding banquets and distributing gifts is the custom of the town,
then all the amounts proved to the court that he spent in this regard shall be compensated to him.
Article 20 - If the father who pledged his engaged daughter's dowry travels,
or is unable to pay, or refuses, then the fiancée, if she is
unable to fulfill what her father pledged, may ask her suitor either
to marry her without a dowry or to divorce her.
Article 21 - If she pledged her dowry herself and was an adult
then became unable to pay due to her insolvency, then wait until she becomes solvent. However,
if she is a minor, she has the choice for him to marry her without a dowry
or to divorce her.
Article 22 - In all cases, if it is within her power
to fulfill the terms of the contract, it is not accepted for her to say to her suitor: marry me
without a dowry or divorce me.
Article 23 - In any case, the husband, after marriage,
may not refuse to perform any of his marital duties on the pretext that
his wife's family did not fulfill the terms of the contract.
Article 24 - If the father refuses to pay what he accepted as a debt upon
his conscience regarding his daughter's dowry, the husband may, after marriage, subtract from
her dowry documented in the marriage script the amount of the debt along with the corresponding
increase.
Article 25 - Whoever sets a dowry for his daughter is not cleared of it
unless he delivers it into the hands of both his daughter and her suitor together.
Article 26 - The first age of puberty for a girl is exceeding
twelve years by one day, and the second age of puberty is exceeding
twelve years by six months and one day.
Article 27 - If he petitions the court requesting his fiancée for marriage
and she has not reached the second age of puberty, she is granted a delay of twelve
months starting from the day of the request to prepare herself for marriage. However, if
he requests her for marriage after she reaches the second age of puberty, she is granted a delay
of twelve months starting from the day of her second puberty.
Article 28 - If he requests her for marriage and twelve months had passed since
her second puberty, she is granted a delay of thirty days from the day of
the request, and the same delay is given if she was a non-virgin.
Article 29 - If she requests him for marriage, he is given the same delay
that his fiancée would be entitled to if he were the one who requested her for marriage.
Article 30 - The suitor is not obliged to support his fiancée unless
the legal delay period set for him by the court has expired and he has not
married her. However, if his delay was due to an impediment such as illness or the occurrence of
days on which marriage is not permitted, he is not obliged to pay alimony.
Article 31 - Illness may not be taken as a legal excuse
unless it afflicted him during the delay period. As for the illness that afflicts him after
its expiration, it does not constitute an excuse.
Page 9
Al-Waqai' al-Iraqiyya Issue 2698 4 31-1-1949
Article 57 - If he travels and the wife spends on herself
from the sale of his property based on a court ruling, and then the husband claims
that he left her sufficient maintenance and she denies it, her statement is accepted with her oath.
Article 58 - If she borrows without permission from the court and he claims
that he left her sufficient maintenance and takes an oath, he is not held responsible for
her debt.
Article 59 - If she borrows without court permission and he argues
that she can live off her own labor and she had a profession, that is accepted from him
even if what she earns from her labor only provides her with
necessities.
Article 60 - If she spends from her own labor, she has no right to demand
from the husband what she spent, and the surplus of her labor belongs to her, not the man.
Article 61 - If he is unemployed and capable of working,
her maintenance is obligatory upon him.
Article 62 - If he is afflicted with insanity, he is obligated to spend on
her care and nursing; but if her dowry has been provided to her, she has no maintenance from him.
Article 63 - If he is afflicted with insanity, muteness, or deafness,
the wife is granted a judgment for what she needs for maintenance for her adornment and upkeep from
his property.
Article 64 - The wife's right to maintenance from her husband remains
as long as she resides with him, but if she deserts his home without a legal reason,
she has no right to demand maintenance from him.
Article 65 - The wife has a right to maintenance from her husband even
if her marriage contract is not in her possession, and the husband's claim
that she has waived this right is not heard except with valid evidence.
Article 66 - The wife's property is of two types: the first is the Dowry (Dote)
( ) which consists of the trousseau and funds
that were documented in the marriage contract; other than that belongs to
the second type, which is known property ( ).
Article 67 - The husband is entitled to the yield of the wife's property of both types.
Article 68 - Whatever is lost of the first type, its loss is borne by
the man, and whatever is lost of the second type, its loss is borne by the wife.
Article 69 - What the wife obtains after marriage from
gifts and inheritance is of the second type.
Article 70 - What the husband gives to his wife of movable and
immovable property remains the property of the wife; she may not dispose of it by sale or gift,
and if she dies, it returns to the husband.
Article 71 - If property is found in her possession and her husband demands it
claiming it is the fruit of her labor, and she opposes him saying it is from gifts,
her statements are considered after she accepts the ⟦oath⟧ of law that she was not
lying in her claim; in any case, these properties
are considered of the second type and their yield belongs to the man.
Article 72 - If she claims that the gift was given to her on the condition
that her husband does not benefit from it, she must prove her claim with evidence.
Article 73 - What the wife inherits, its yield returns to the husband, and if
it is something that has no yield, it is sold and property that produces yield is bought with its value, provided
that its yield exceeds its expenses.
Article 74 - If a foreigner marries in a country, the wife is obligated
to move with him to his country, otherwise a divorce is ruled against her and
she has no right except in what is found in kind from what she brought with her because she married him on
this condition implicitly or explicitly.
Article 75 - If the country of the two spouses is the same, neither of them
is forced to follow the other to a country other than their own except for a reason convincing
to the court.
Article 76 - If the court rules that there is a convincing reason
and the wife refuses to follow her husband to his country, she is considered disobedient;
and if the one refusing is the man, a divorce is ruled against him and she recovers
all her rights documented in the marriage contract.
Article 77 - If both are in one region, he does not have the right
to move her from the city to the countryside, or from a grand residence to a humble
residence or vice versa, but he can move her to a country like
her own and a residence like her own.
Article 78 - If it is proven that the husband cannot reside in
the country in which he married for reasons related to his safety and the wife refuses
to follow him, he is obliged to divorce her.
Article 79 - The provisions regarding
moving the residence from one country to another are applied after the marriage, but before that,
neither of them is forced to move; rather, he must marry in the country
in which the contract took place; if his fiancée does not fulfill the terms of the contract,
he may force her to marry him in his country.
Article 80 - The husband may prevent her father, mother, and brothers from
entering his house, but he may not prevent them from her if an event occurs
to her such as illness or childbirth, and she may visit them twice
a month and on holidays or if an event occurs to one of them.
Page 10
Iraqi Al-Waqai' Issue 2698 7 31-1-1949
Article 134 - Just as the maintenance of the widow is upon the heirs, the product of her work is for them.
Article 135 - The currency rate is determined according to the laws in force in Iraq.
Article 136 - In a lawsuit for the recovery of the dowry, the widow must present the marriage certificate or prove its loss or destruction by witness testimony or by reference to its image if it is preserved in the court records.
Article 137 - The widow's remarriage shall not be a bar to ruling in her favor for her dowry documented in the marriage certificate.
Article 138 - The value of the clothes that the man bought for her from his own money shall be deducted from the widow's dowry.
Article 139 - For a divorced woman, no clothing shall be deducted from her dowry except for Sabbath and holiday clothes.
Article 140 - The widow or divorced woman has the right to take her clothes in kind at their value.
Article 141 - The widow or divorced woman has the right to what her father and relatives gave her as gifts, and their value shall not be deducted from her rights.
Article 142 - The cash that the wife brought with her shall be recovered from the estate's cash if found in the estate; otherwise, she shall be compensated for it in kind.
Article 143 - The heirs are not obliged to sell the deceased's belongings to settle the dowry.
Article 144 - Heirs take precedence over others in purchasing the household furniture that the widow offers for sale.
Article 145 - If her dowry was two hundred and she sold items from the estate worth one hundred for two hundred, or items worth two hundred for one hundred, she is considered to have recovered her dowry.
Article 146 - Daughters may live off their father's estate until they are betrothed or reach the second age of puberty.
Article 147 - If the woman is found unfit for intercourse, the man has the right to divorce her, and upon divorce, she is entitled to what is present in kind from what she brought and what the husband spent without her permission.
Article 148 - If the woman is afflicted with a legal defect after marriage, she is entitled to her full dowry.
Article 149 - However, if she denies the defect, she is not entitled to maintenance until she has been examined.
Article 150 - If it appears that she is afflicted with a defect that the man did not know about, she has nothing but what is present in kind from what she brought.
Article 151 - If the defect was visible or if the man was aware of it and remained silent, his objection is rejected.
Article 152 - Proof of knowledge is upon the wife, and the denial is upon the man.
Article 153 - If the defect is of a nature that could have occurred after the engagement, the evidence that said defect existed before the engagement falls upon the husband if after the marriage, and upon the wife if before it.
Article 154 - If the defect is of a nature that could have occurred before the engagement, the evidence that it occurred after the engagement falls upon the wife.
Article 155 - If the husband proves that the defect existed before the engagement, or she admits it to him and she proves that he knew about it and remained silent, or the circumstances indicated that he was aware and content with it, he must pay her rights documented in the marriage certificate in full.
Article 156 - The man's ignorance of the defect shall not be accepted, no matter how hidden it was, if a period of time has passed since he consummated the marriage while remaining silent.
Article 157 - If thirty days or more have passed while she remained with him, his claim that he did not consummate the marriage with her shall not be accepted.
Article 158 - If she was afflicted with epilepsy after the engagement or marriage, or was afflicted before the engagement and he was aware of it at the time of the engagement and wanted to divorce her, her dowry is due to her. If he is unable to provide her full dowry, a portion is accepted from him and he is given time to settle the remainder as it becomes easier for him. If she refuses to be divorced from him, she is deprived of her right to maintenance, clothing, and intercourse from him.
Article 159 - If he had bad breath or practiced a foul profession, he shall be forced to divorce her and pay her dowry. However, if she was aware of his condition or profession before marriage or lived with him for a period with her consent, her lawsuit shall not be heard. If she refuses to live with him, she is not entitled to maintenance, but she is not considered recalcitrant.
Page 12
Number
⟦(2938)⟧
Year
Twenty-ninth
⟦Ministry...⟧
The Iraqi Gazette
(The Official Gazette of the Iraqi Government) - Published by the General Propaganda Directorate in Iraq
Registered at the Central Post Office in Baghdad under number (4)
Annual subscription fee: Two Dinars in the capital and two Dinars and five hundred Fils outside the capital
Price per single copy (20) Fils
Saturday 2- Jumada al-Akhira Year 1370 and 10 March Year 1951
Number (5) for the year 1951
Law
Supervision and administration of the property of Jews whose Iraqi citizenship has been revoked
After reviewing the amended Article 23 of the Basic Law and with the approval of the Councils of
Notables and Deputies, and based on the powers delegated to us, we have issued the following law on behalf of His
Royal Highness the Great Regent.
Article 1 - The following expressions shall have the meanings set forth against them: -
The Minister - Minister of Interior.
The Secretary General - The person appointed by a decision of the Council of Ministers to perform the tasks
specified in this law and the regulations issued pursuant thereto.
The person whose Iraqi citizenship has been revoked:
Every Iraqi whose Iraqi citizenship was revoked under Law No. 1 of 1950.
Page 14
Issue
(2939)
Year
Twenty-ninth
The Iraqi Gazette
⟦Amen⟧
(The Official Newspaper of the Iraqi Government) - Published by the General Propaganda Directorate in Iraq
Registered at the Central Post Office in Baghdad under number (4)
Annual subscription fee: Two dinars in the capital and two dinars and five hundred fils outside the capital
Price per single copy (20) fils
Saturday - 2 Jumada al-Thani year 1370 and March 10 year 1951
Number (3) for the year 1951
Regulation
Supervision and administration of the assets of Jews whose Iraqi citizenship has been revoked
After reviewing Article 3 of the Law for the Supervision and Administration of the Assets of Jews whose Iraqi
Citizenship has been Revoked No. (5) of 1951 and based on the authority delegated to us under
Article 23, as amended, of the Basic Law and based on what was approved by the Council of Ministers, we have ordered the enactment of
the following regulation on behalf of His Royal Highness the Great Regent.
Article 1 - The Secretary General may exercise the following powers:-
A - Taking possession of all assets belonging to the person whose citizenship has been revoked, managing them,
disposing of them, and liquidating them in accordance with the provisions of the aforementioned law and this regulation.
B - Representing the person whose citizenship has been revoked before courts, official departments, and others, or appointing
another to represent them before them.
C - Appointing trustees to manage the assets belonging to those whose citizenship has been revoked.
D - Liquidating businesses or commercial establishments belonging to the person whose citizenship has been revoked and appointing
trustees for this purpose, and paying the necessary salaries and expenses for that.
Page 15
Al-Waqai' Al-Iraqiya Issue No. 2939 on 10-3-1951
part of it from Iraq and is also prohibited from conducting any transaction on it except for the purposes set out in
this Regulation.
Article Five - Every money changer or bank and every natural or legal person and on
official and semi-official government departments shall observe the following: -
A - Every person in whose possession or under whose disposal there is immovable property belonging to the person
who has lost their citizenship, whether that property is under their disposal by way of agency or
trust or loan, must refrain from disposing of it in any manner of disposal and must
submit to the Secretary-General within twenty days from the effective date of this Regulation a statement explaining therein
the type of those properties, their details, numbers, location, and title deeds - if any - and shall provide
a written pledge not to dispose of them.
B - If the immovable property is under the possession of a person by way of partnership or mortgage
and insurance or lease, they must refrain from conducting any transaction on it and must submit the statement
mentioned in the previous paragraph within the period specified therein and provide the clarifications requested
from them by the Secretary-General and follow the instructions issued by the Secretary-General regarding how to dispose
of it.
C - Every money changer and every person in whose possession is Iraqi or foreign money or currencies or trusts
or bonds or convertible papers or shares or any other property - except immovable -
belonging to the person who has lost their citizenship. They must refrain from conducting any transaction on it or
removing it from their possession in any way whatsoever and must submit it within fifteen days from
the effective date of this Regulation to the Secretary-General and provide him with the details he requests from them.
D - Every bank that has Iraqi or foreign money or currencies or trusts or bonds
or shares or any property belonging to the person who has lost their citizenship must refrain from
disposing of it and conducting any transaction on it from the effective date of this Regulation. It must submit to
the Secretary-General within fifteen days from its effective date a list including the types of those
properties, their details, and their amount along with any observations it has. It shall keep those properties
with it and disposal shall be carried out according to the instructions it receives from the Secretary-General.
E - The Land Registry Departments must refrain, as of the effective date of this Regulation, from conducting any transaction
belonging to the person who has lost their citizenship regarding the immovable property belonging to him or that
is in his possession unless they receive an order from the Secretary-General and they must carry out the disposal
as he decides.
F - The Departments of Customs and Excises and Imported Goods and other government departments
official and semi-official must send to the Secretary-General all cases and bills of lading
and other commercial papers belonging to the person who has lost their citizenship within
a period of ten days and shall not conduct any transaction or disposal on them as of the effective date of
this Regulation. Disposal of these properties shall be carried out according to the instructions issued by the Secretary-
General.
| Within the period
| specified by the Secretary-
| General, provided it does not exceed
| three months
| according to the amendment
| pursuant to Regulation
| No. 9 / 51
| issued on
| 21 / 4 / 1951
Page 16
Number
(2939)
Year
Twenty-ninth
Al-Waqai' Al-Iraqiya
Amen
(The Official Gazette of the Iraqi Government) - Published by the General Directorate of Propaganda in Iraq
Registered at the Central Post Office in Baghdad under number (4)
Annual subscription fee: Two dinars in the capital and two dinars and five hundred fils outside the capital
Price per single copy (20) fils
Saturday - 2 Jumada al-Akhirah 1370 and 10 March 1951
Number (3) of 1951
Regulation
Supervision and Administration of the Property of Jews Whose Iraqi Citizenship Has Been Revoked
After reviewing Article 3 of the Law for the Supervision and Administration of the Property of Jews Whose
Iraqi Citizenship Has Been Revoked No. (5) of 1951, and based on the authority delegated to us pursuant to
Amended Article 23 of the Basic Law and based on what the Council of Ministers has approved, we have ordered the enactment of the
following regulation on behalf of His Royal Highness the Great Regent.
Article 1 - The Secretary General may exercise the following powers:-
A - Taking possession of all property belonging to the person whose citizenship has been revoked, administering it,
disposing of it, and liquidating it in accordance with the provisions of the aforementioned law and this regulation.
B - Representing the person whose citizenship has been revoked before courts, official departments, and others, or appointing
another to represent them before them.
C - Appointing trustees to manage the property belonging to those whose citizenship has been revoked.
D - Liquidating businesses or commercial establishments belonging to the person whose citizenship has been revoked and appointing
trustees for this purpose, and paying the necessary salaries and expenses for that.
Iraqi Gazette Issue 2939 4 10-3-1951
Article Six - This regulation shall be implemented from the date of its publication in the Official Gazette.
Article Seven - The Ministers of State shall implement this regulation.
Written in Baghdad on the second day of the month of Jumada al-Thani in the year 1370 and the tenth day
of the month of March in the year 1951.
| The Regency Council |
Muhammad al-Sadr | Husayn bin Ali | Jamil al-Midfai
Mustafa al-Umari | Omar Nazmi | Nuri al-Said
Minister without Portfolio | Minister of Interior | Prime Minister
| | and Acting Minister of Foreign Affairs
Shakir al-Wadi | Muhammad Hassan Kubba | Majid Mustafa
Minister of Defense | Minister without Portfolio | Minister of Social Affairs
Hassan Sami Tatar | Abdul-Wahab Mirjan | Diya Jafar
Minister of Justice | Minister of Finance | Minister of Communications and Works
Abdul-Majid Mahmoud | Khalil Kannah |
Minister of Economics | Minister of Education |
⟦line⟧
Government Press - Baghdad
Page 17
Iraqi Gazette Issue 2939 2 10-3-1951
e - Signing all transactions required by the management or liquidation of funds or freezing them
according to the provisions of this law.
f - Standing in place of the person whose citizenship has been revoked in companies whose term has not ended or which
it is not deemed necessary to dissolve, or delegating someone else for this purpose, as well as standing in his place in all
rights belonging to him according to this regulation.
g - Receiving the funds belonging to the person whose citizenship has been revoked, as well as receiving bills of
lading and documents belonging to the person whose citizenship has been revoked and disposing of them according to
the provisions of this regulation.
h - Paying the legal alimony/expenses imposed by the competent courts for those supported by the person whose citizenship has been
revoked from his funds if they have no supporter and no resources for living, as well as
paying the living and travel expenses for the person whose citizenship has been revoked and those he supports from his funds
until his deportation.
i - Inspecting the books, records, and papers belonging to any legal or natural person the
Secretary-General believes for a reasonable cause has in his possession or under his disposal funds belonging to the person
whose citizenship has been revoked, and he may delegate others to conduct this inspection.
j - Any other procedures and powers that the Council of Ministers decides from time to time to give
to the Secretary-General for the purpose of this regulation.
Article Two - The Secretary-General may sell immovable property belonging to the person whose citizenship has been
revoked in the following cases: -
a - Paying the rights owed by him to the Treasury, government departments, water and electricity utilities, municipalities,
and other semi-official departments.
b - Paying established debts against him pursuant to a final judgment based on a document
certified by the Notary Public before the enforcement of Law No. (5) of 1951 or to complete
mortgage and insurance transactions documented by a Tabu (title deed) issued before the enforcement of this regulation.
c - If it is prone to collapse or the benefit of its exploitation has ceased.
d - Paying the alimony/expenses owed by him according to the provisions of paragraph (h) of the previous article.
e - Paying any expense or fee pursuant to this regulation.
Article Three - If the Secretary-General is satisfied that the company established by the person whose Iraqi
citizenship was revoked, or in which he has shares, causes clear harm or that its continuation leads to the smuggling
of funds from Iraq, or that its remaining is inconsistent with the purposes of Law No. 5 of 1951 and this
regulation, or that there is one of the legal reasons, he may request the dissolution and liquidation of the company, and also
he may dispose of the shares according to the legal provisions.
Article Four - Subject to the provisions contained in Article (2), the Secretary-General shall freeze
all funds belonging to the person whose citizenship was revoked and refrain from taking out any
Page 18
Iraqi Gazette Issue 2939 4 10-3-1951
Article Six - This regulation shall be enforced from the date of its publication in the Official Gazette.
Article Seven - The Ministers of State shall implement this regulation.
Written in Baghdad on the second day of the month of Jumada al-Thani in the year 1370 and the tenth day
of the month of March in the year 1951.
Regency Council
Muhammad al-Sadr | Hussein bin Ali | Jamil al-Midfai
Mustafa al-Umari | Omar Nazmi | Nuri al-Said
Minister without Portfolio | Minister of Interior | Prime Minister
| | and Acting Minister of Foreign Affairs
Shakir al-Wadi | Muhammad Hassan Kubba | Majid Mustafa
Minister of Defense | Minister without Portfolio | Minister of Social Affairs
Hassan Sami Tatar | Abd al-Wahhab Mirjan | Dhia Jafar
Minister of Justice | Minister of Finance | Minister of Communications and Works
Abdul Majid Mahmoud | Khalil Kenna |
Minister of Economics | Minister of Education |
Government Press - Baghdad
Page 19
Iraqi Consulate papers in Beirut
To the Directorate of Travel and Nationality
No. ⟦167⟧/5/5
Date 2/2/1956
Copy of the petition I submitted to the Ambassador of Iraq in Beirut
Which was sent with my application to Baghdad.
Beirut on January 31, 1956
15107
To His Excellency, the Honorable Ambassador
Greetings and respect:
With a sense of pride and honor, I submit to Your Excellency, the undersigned, Meir Eliyahu David,
born in Beirut - Lebanon in the year 1937, as shown in the birth certificate from the
local official authorities that is in your possession, as well as the Mukhtar's certificate which is in my possession in
this letter, and since then I have not left Lebanese territory for abroad, but
I was and still am pursuing my studies at the General Secondary College of the American University of Beirut
as can be deduced from the school certificates which are in my possession in this letter.
Sir, my Iraqi citizenship was previously revoked, just as it was revoked from
my father Eliyahu Ezra David, and I was at that time a minor under the age of eighteen. But now, since
the Government of the Kingdom of Iraq has affirmed the citizenship of my mother Kerjiyeh David, and since the citizenships
of my siblings have been affirmed by the generous Iraqi State, I submit this letter expressing my
intense desire and attachment to my motherland, requesting that my original Iraqi citizenship be restored to me, especially
since I have now passed the age of eighteen, and I am hopeful that you will consider this request with kindness and justice,
as is always known of your character and traits.
In closing, I hope you will be so kind, Your Excellency, as to accept my utmost appreciation
and respect for your esteemed person. May you endure.
Your devoted citizen,
Meir David
Page 20
Beirut on January 31, 1956
To His Excellency, the Honorable Ambassador,
Greetings and respect;
With a feeling of pride and honor, I, the undersigned, Meir Eliyahu David, born
in Beirut, Lebanon in 1937, as shown in the birth certificate from the official local
authorities in your possession, as well as the Mukhtar's certificate in my possession in this letter, submit to your Excellency. Since
that time, I have not left Lebanese territory for abroad; rather, I was and still am pursuing my studies at
the General Secondary College of the American University of Beirut, as can be inferred from the school certificates
in my possession in this letter.
Sir, my Iraqi citizenship was previously revoked, as it was revoked from my father Eliyahu Ezra
David, and I was a minor at that time, under the age of eighteen. Now, since the government of the Kingdom of Iraq
has confirmed the citizenship of my mother, Gorgia David, and since the citizenships of my siblings have been confirmed by the generous
Iraqi state, I have come with this letter of mine expressing my strong desire and attachment to my motherland, requesting that my
original Iraqi citizenship be restored to me, especially since my age has now exceeded eighteen. I am full of hope that you will take this
request of mine with kindness and justice, as is always known from your character and qualities.
And please accept <del>accept</del> sir, Your Excellency, the acceptance of my highest appreciation and respect for your
esteemed person, and may you remain well.
For your servant citizen
Meir David
⟦Number 4/5⟧
⟦2/1/1956⟧
Page 21
Loss of Iraqi Nationality
Article Thirteen
( Every Iraqi who naturalizes with a foreign nationality by his own choice, his Iraqi nationality )
( shall cease to exist, and his new <del>Iraqi</del> ⟦foreign⟧ nationality shall not be recognized in Iraq unless )
( the Iraqi government permits it; and if he returns to Iraq, the Iraqi government has )
( the right to consider him Iraqi or to expel him from Iraq. )
Amendment to Article Thirteen by the law dated the year 925
( Every Iraqi who naturalizes with a foreign nationality in a foreign state by his own choice )
( shall be stripped of Iraqi nationality, but if he subsequently establishes for himself )
( an ordinary place of residence in Iraq for a period of one year, he shall be considered, after its passing, an Iraqi )
( throughout his residence in Iraq. )
Page 22
The Bureau of Legal Codification issued on 11/24/1951 the decision
as follows: -
⟦line⟧
The Bureau considers that the fulfillment of the excuses mentioned in paragraph (1a and 2a)
of Article Three (i.e., if he was ill or in stages of study) and paragraph
a and b of Article Four of Law No. 12 of 1951 (i.e., if he left
Iraq with a passport before 1/1/1948 and became accustomed to residing in the foreign country
and has a place of business) prevent the application of paragraph (c) of Article Two of the law
(i.e., considering his citizenship revoked and freezing his funds) and consequently paragraph (b) of
Article Two itself (i.e., deducting administration expenses)
⟦line⟧
But if he traveled with a passport after 1/1/48 and returned to Iraq within the period
of two months, administration expenses shall be taken from him;
⟦line⟧
Page 24
Al-Waqai' Al-Iraqiya Issue No. 3779 4 1956/3/18
and gramophones, phonographs, radios, and sound recording devices.
(e) Household supplies such as furniture, pictures, carpets, glassware, pottery, silver, as well as plated ones, and cutting tools (knives), forks, and spoons; however, the following materials may be exempted from customs import duties: -
1 - Glassware, pottery, silver, as well as plated ones, and cutting tools (knives), forks, and spoons when they are used, and the traveler can prove in a manner that satisfies an official whose rank is not less than the rank of Assistant Director of Customs and Excises that they were in his possession for a period exceeding six months.
2 - Carpets that the traveler can prove in a manner that satisfies the customs and excise official to be for his use for prayer or bedding.
3 - (a) In addition to the above, tourists shall be exempted from customs import duties on the following materials when they are used: -
Number | Materials
1 | Binoculars
1 | Photographic camera
1 | Typewriter
1 | Radio set
1 | Sound recording device
(b) For the purpose of benefiting from what is stipulated in paragraph (a) of this Article, the tourist arriving in Iraq must declare at the time of his arrival on the baggage declaration form (in two copies) that the materials listed in the aforementioned paragraph will be re-exported abroad upon his departure from Iraq, and to prove their import in the aforementioned manner, the tourist is provided with a copy of
the form referred to above, stamped and signed by the competent official.
4 - (a) Notwithstanding what is stated in paragraph (1) above, the actual travel baggage that enters within ninety days before the traveler's arrival in Iraq or after his arrival there shall be - subject to the exceptions and conditions stipulated above - exempt from customs import duty, as deemed appropriate by one of the customs officials whose rank is not less than the rank of Assistant Director of Customs and Excises.
(b) The Director of Customs and Excises may, in special cases if he deems it appropriate, extend the exemption period mentioned in paragraph (a) above to a period not exceeding 120 days.
(c) The Director General of Customs and Excises may allow the exemption of baggage that enters Iraq before the traveler's arrival or after his arrival, exceeding the period mentioned above, from customs import duty if he finds that there are compelling reasons that resulted in the excess.
5 - The competent Director of Customs and Excises may, as he deems appropriate, keep the travelers' baggage subject to duty in customs custody and then allow it to be taken out of Iraq without collecting any duty on it.
6 - Personal baggage consisting of foreign materials shall be exempted from customs export duty in the same manner and under the same conditions contained in the preceding articles regarding imported baggage.
7 - The following are hereby revoked: -
(a) Customs Declaration No. (2) of 1936.
(b) Customs Declaration No. (4) of 1937.
(c) Customs Declaration No. (3) of 1941.
(d) Customs Declaration No. (1) of 1947.
(e) Customs Declaration No. (8) of 1947.
(f) Customs Declaration No. (15) of 1954.
8 - These instructions shall be implemented as of 4-1-1956.
Jalal Khalid
Director General of Customs and Excises
Government Press - Baghdad