AI English Translation, Pages 1-25
Number
292
Second Year
Al-Waqai' Al-Iraqiya
The Official Gazette of the Republic of Iraq issued by the Ministry of Guidance in Iraq
Registered at the Central Post Office in Baghdad under number (4)
Wednesday 21 Rajab year 1379 and 20 January year 1960
Number (10) for the year 1960
Law
Amendment to the Law of Sale and Lease of Properties Belonging to the Government
Number (34) for the year 1936.
⟦line⟧
In the name of the People
Council of Sovereignty
After reviewing the Interim Constitution and based on what was presented by
the Minister of Finance and approved by the Council of Ministers.
The following law has been ratified: -
Article One - The following paragraph is added to paragraph (j)
added to Article Six of the Law of Sale and Lease of Properties
Belonging to the Government No. (34) of 1936 by Law No. (38)
of 1958 and shall be a third paragraph for it.
3 - The Minister of Finance may stipulate that the purchasers of Miri plots
according to paragraph (i) construct residential houses
on them within five years from the date of their registration
in their names in the Land Registry Department and at a cost he determines in each
case, and he has the right to recover them from them through
the courts in case of failure to implement that.
Article Two - This law shall be implemented from the date of its publication in
the Official Gazette.
Article Three - The Minister of Finance shall implement this law.
Written in Baghdad on the fifteenth day of the month of Rajab
year 1379 corresponding to the thirteenth day of the month of January
year 1960.
Council of Sovereignty
Muhammad Najib al-Ruba'i
President of the Council of Sovereignty
Khalid al-Naqshbandi | Member | Member
Muhammad Hadid | Mustafa Ali | Hashim Javad
Minister of Finance | Minister of Justice | Minister of Foreign Affairs
and Acting Minister of Industry | |
Muhi al-Din Abdul Hamid | Muhammad Abdul Malik al-Shawaf | Fuad Arif
Minister of Education | Minister of Health | Minister of State
Naziha al-Dulaimi | Abd al-Latif al-Shawaf | Major General Staff
Minister of Municipalities | Minister of Commerce | Abdul Karim Qasim
| | Prime Minister
| | and Acting Minister of Defense
Ibrahim Kubba | Ahmed Muhammad Yahya | Hassan al-Talabani
Minister of Agrarian Reform | Minister of Interior | Minister of Communications
and Acting Minister of Oil | |
Abdul Wahab Amin | Tal'at al-Shaibani | Faisal al-Samir
Minister of Social Affairs | Minister of Planning | Minister of Guidance
and Acting Minister of Agriculture | |
Awni Yusuf
Minister of Works and Housing
Explanatory Grounds
This law was enacted to be a deterrent for purchasers of Miri plots at a suitable
price to construct residential houses on them as soon as possible, which has the furthest impact in solving
the housing crisis to which the government gives its utmost attention.
Iraqi Gazette Issue 292
3
1/20/1960
No. (12) of 1960
Law
Amnesty for Absentees and Defaulters
⟦line⟧
In the name of the People
Sovereignty Council
After reviewing the Interim Constitution and based on what was presented by the Minister of Defense and approved by the Council of Ministers.
The following law has been ratified: -
Article One - All soldiers and non-commissioned officers who committed the crime of absence stipulated in Article (57) of the Military Penal Code are exempted from the penalty contained therein.
Article Two - A - All conscripts who committed the crime of defaulting according to paragraphs (a, b, c, d, and e) of Article (29) of the National Defense Law No. 40 of 1938 are exempted from the penalties contained therein.
B - All conscripts covered by Article (32) of the National Defense Law are exempted.
Article Three - A - All reserve conscripts who committed the crime of defaulting according to paragraphs (a, b, c, and d) of Article (19) of the Reserve Service Law No. (74) of 1956 are exempted.
B - Reserve conscripts covered by Article (21) of the Reserve Service Law are exempted from the penalty contained therein.
Article Four - Fines paid before 1/6/1960 shall not be returned.
Article Five - The amnesty ruling under this law shall continue for a period of one hundred and twenty days.
Article Six - This law shall be implemented as of 1/6/1960.
Article Seven - The Minister of Defense shall implement this law.
Written in Baghdad on the seventeenth day of the month of Rajab in the year 1379, corresponding to the sixteenth day of the month of January in the year 1960.
Sovereignty Council
Muhammad Najib al-Ruba'i
President of the Sovereignty Council
Khalid al-Naqshbandi
Member
Member
Muhammad Hadid
Minister of Finance
and Acting Minister of Industry
Mustafa Ali
Minister of Justice
Hashim Jawad
Minister of Foreign Affairs
Muhi al-Din Abdul Hamid
Minister of Education
Muhammad Abdul Malik al-Shawaf
Minister of Health
Fuad Arif
Minister of State
Naziha al-Dulaimi
Minister of Municipalities
Abdul Latif al-Shawaf
Minister of Trade
Major General
Abdul Karim Qasim
Prime Minister
and Acting Minister of Defense
Ibrahim Kubba
Minister of Agrarian Reform
and Acting Minister of Oil
Ahmed Muhammad Yahya
Minister of Interior
Hassan al-Talabani
Minister of Communications
Abdul Wahab Amin
Minister of Social Affairs
and Acting Minister of Agriculture
Talaat al-Shaibani
Minister of Planning
Faisal al-Samir
Minister of Guidance
Awni Yusuf
Minister of Works and Housing
Explanatory Grounds
Some simple soldiers, non-commissioned officers, and conscripts were forced by their living conditions to be absent from their units or default on service. For the purpose of providing an opportunity for these individuals to return to service in the army and perform their sacred duty, and on the occasion of the glorious Army Day on January 6, 1960, it was decided to exempt them from the penalties resulting from that. On this basis, the draft Law of Amnesty for Absentees and Defaulters No. (12) of 1960 was enacted.
Al-Waqai' al-Iraqiya Issue No. 292
2
1/20/1960
No. (11) of 1960
Law
Amendment to Law No. 12 of 1951
In the name of the People
The Sovereignty Council
After reviewing the Provisional Constitution and based on what was presented by
the Minister of Justice and approved by the Council of Ministers.
The following law is ratified: -
Article One - Paragraph (b) of Article Five of the Law Supplementing the Law
for the Supervision and Administration of the Property of Jews Deprived
of Iraqi Nationality No. 12 of 1951 is repealed.
Article Two - This law shall be implemented from the date of its publication in
the Official Gazette.
Article Three - The Ministers shall implement this law.
Written in Baghdad on the fifteenth day of the month of Rajab
in the year 1379, corresponding to the thirteenth day of the month of January
in the year 1960.
The Sovereignty Council
Muhammad Najib al-Ruba'i
President of the Sovereignty Council
Khalid al-Naqshbandi | Member | Member
Major General Staff | Muhammad Hadid | Abd al-Karim Qasim
Minister of Finance | Prime Minister
and Acting Minister of Industry | and Acting Minister of Defense
Mustafa Ali | Ibrahim Kubba
Minister of Justice | Minister of Agrarian Reform
and Acting Minister of Oil
Hashim Jawad | Ahmad Muhammad Yahya
Minister of Foreign Affairs | Minister of Interior
Muhi al-Din Abd al-Hamid | Hassan al-Talabani
Minister of Education | Minister of Communications
Muhammad Abd al-Malik al-Shawaf | Abd al-Wahhab Amin
Minister of Health | Minister of Social Affairs
and Acting Minister of Agriculture
Fuad Arif | Tal'at al-Shaibani
Minister of State | Minister of Planning
Naziha al-Dulaimi | Faisal al-Samir
Minister of Municipalities | Minister of Guidance
Abd al-Latif al-Shawaf | Awni Yusuf
Minister of Trade | Minister of Works and Housing
Explanatory Grounds
Iraqi Jews present in Iraq have faced great difficulties
as a result of the application of this paragraph against them, in addition to the fact that maintaining it
contradicts the goals of the Revolution and the Provisional Constitution, which stipulates equality among Iraqis
in rights and duties. Furthermore, the principle of revoking Iraqi nationality contradicts the spirit
of the Constitution, considering that nationality is a natural right for every citizen that cannot be taken away
simply because they were late in returning to Iraq within the period specified in the passport, and
their delay may be for unavoidable reasons such as trade or medical treatment. Moreover, the aforementioned
limitation hinders the travel of persons, as representatives of the countries to which
a person travels often refrain from granting an entry visa or the right of residence. For this reason, and since
the reasons that necessitated the issuance of the aforementioned legislation have ceased to exist, this draft
has been prepared.
Al-Waqai' al-Iraqiya Issue No. 292
4
1/20/1960
Number (6) for the year 1960
Regulation
Religious Schools
⟦line⟧
In the name of the People
Sovereignty Council
Based on Article (12) amended of the Waqf Administration Law No. 27 of 1939 and based on what was presented by the Responsible Minister (Prime Minister) and approved by the Council of Ministers.
Ordered the enactment of the following regulation:
Article One - The Directorate General of Awqaf shall establish religious schools as needed to prepare Sharia judges, teachers, imams, preachers, memorizers, and muezzins.
Article Two - Study in these schools shall be in three stages:
A - The first stage, its duration is six years.
B - The second stage, its duration is five years.
C - The third stage, its duration is three years.
Article Three - A graduate of the first stage is granted a certificate qualifying him for the positions of Adhan and recitation of the Holy Quran and for enrollment in the second stage, and he may not combine the position and enrollment.
A graduate of the second stage is granted a certificate qualifying him for the positions of Imamate and preaching in mosques of the second and third categories and for enrollment in the third stage, and he may not combine the position and enrollment.
A graduate of the third stage is granted a certificate qualifying him for the positions of Sharia judiciary and private or public teaching and for Imamate and preaching in mosques of the first category.
Article Four - The following shall be studied in these schools:-
A - In the first stage: The Holy Quran with its complete memorization. Tajweed. Hadith. Prophetic Biography. Jurisprudence. Monotheism. Grammar and Morphology. Reading. Composition. Calligraphy and Dictation. History. Geography. National Education. Arithmetic.
B - In the second stage: Interpretation with review of the Holy Quran. Hadith and its principles. Jurisprudence and its principles. Monotheism. Islamic Ethics. Preaching and Guidance. Grammar and Morphology. Rhetorical Sciences. Arabic Language Literature. Reading. Composition. Ancient Logic. History. Geography. Principles of General Sciences. Arithmetic. A foreign language.
C - In the third stage: Interpretation. Sciences of the Holy Quran. Hadith. Comparative Jurisprudence. Principles of Jurisprudence. Monotheism.
And the cosmic laws of God. Principles of litigation and Sharia documents. Provisions of Awqaf. History of Islamic legislation. History of Islamic civilization. History of religions. Grammar and Morphology. Philology. Literary criticism. History of Arabic language literature. Modern logic. Ethics of research and debate. A foreign language.
Article Five - The number of lessons for each class in the first and second stages shall be thirty lessons per week, and in the third stage twenty-four lessons per week.
Article Six - The curricula of lessons, the number of their weekly sessions, their distribution, and matters related to attendance and discipline shall be determined by instructions issued by the Directorate General of Awqaf.
Article Seven - A - The school shall be managed by a director from the religious scholars, appointed upon the nomination of the Director General of Awqaf and the approval of the Responsible Minister (Prime Minister).
B - It is required for the director of each stage to meet the conditions of the teacher stipulated in Article Eight of this regulation.
Article Eight - The teaching staff in the three stages consists of teachers and lecturers. It is required for the teacher of the first stage to be a graduate of a religious school or a recognized religious institute or to be a specialist in the subject he teaches. For the teacher of the second stage, he must be a graduate of a recognized religious institute or one who has previously taught in religious schools for a period of no less than six years or a specialist in the subject he teaches. For the teacher of the third stage, he must be a college graduate and a specialist in his subject or have previously taught in religious schools for a period of no less than ten years and was recognized for his specialization. Lecturers in the three stages are required to meet the conditions of their teachers.
Article Nine - The teacher is appointed upon nomination by the Director General of Awqaf and the approval of the Responsible Minister (Prime Minister), and lecturers are appointed by the Director General of Awqaf.
Article Ten - The director and teachers are appointed according to the approved cadre.
Article Eleven - The director is responsible for the management of the school, student discipline, monitoring the progress of teaching and examinations, the spirit that prevails in the school, and everything that leads to its progress and good reputation.
Article Twelve - The director of the first stage shall teach twelve hours per week, the director of the second stage eight hours, and the director of the third stage six hours. The teacher in the first stage shall teach twenty-eight hours, the teacher of the second stage twenty-two hours, and the teacher of the third stage sixteen hours.
Article Thirteen - The specializations of the teachers' council for each stage shall be determined by instructions issued by the Directorate General of Awqaf.
Iraqi Gazette Issue 292
5
1/20/1960
Article Fourteen - Students are accepted in the first stage in courses established by the Shura Council, and the first class shall not open with fewer than ten students.
Article Fifteen - Admission begins on the first Saturday of September, and the list of candidate students is presented to the Director General of Awqaf to obtain his approval.
Article Sixteen - To be accepted, a student is required to be:
A - Iraqi.
B - Proficient in reading and writing in the Arabic language.
C - Between ten and twelve years of age.
D - Of good reputation and conduct.
E - Holding an official certificate proving freedom from infectious diseases and passing the medical examination.
F - Having a good voice and clear pronunciation.
G - Successful in the interview exam.
H - Dedicated to studying in these schools alone.
I - To provide a financial guarantee, the amount of which is decided by the Shura Council.
Article Seventeen - No one is accepted into the second stage except a graduate of the first stage, and into the third stage except a graduate of the second stage. Non-Iraqis may be accepted with an equivalent certificate and by a decision of the Shura Council.
Article Eighteen - Teaching begins on the third Saturday of September and ends on May 21, and attendance shall be in one session. Teaching is suspended during official holidays, for two weeks after the mid-year exam, and in emergency cases decided by the Directorate General of Awqaf.
Article Nineteen - Examinations shall be of three types:
A - Monthly classroom exams to test students' daily effort.
B - Mid-year exam, starting on the first Saturday of February for a period of six days.
C - End-of-year exam, starting on the first Saturday of June for a period of ten days.
The three exams shall be written and oral in accordance with the instructions of the Directorate General of Awqaf.
Article Twenty - Students in the final classes of the first and second stages are exempted from the final school exams, and the annual average grades are considered a final grade for them. They have the right to participate in the general exam conducted by the Directorate General of Awqaf directly according to instructions it sets if they are successful or completing requirements.
Article Twenty-One - The exam for those completing requirements is held on the first Saturday of September.
Article Twenty-Two - Grading shall be on a percentage basis in all exams, and the student's final grade in each subject is calculated as follows:
A - Classroom exam grade: 25% of the final total.
B - Mid-year exam grade: 25% of the final total.
C - Final exam grade: 50% of the final total.
Provided that for subjects that have an oral and written exam, the grade shall be the result of adding the two grades and dividing by two.
Article Twenty-Three - A student's success requires obtaining eighty percent in the Quran Memorization lesson, sixty percent in religious and Arabic lessons, and fifty percent in the rest of the lessons.
Article Twenty-Four - If a student fails in four lessons, he is dismissed from the school and the guarantee amount is forfeited. If he fails in three lessons, he is re-examined in the second session; if he fails in all of them, he is dismissed and the guarantee amount is forfeited. If he fails in one or two lessons, he is promoted to the higher class, provided he is not considered successful until after passing the exam in what he failed immediately after the mid-year break; if he fails, he is dismissed and the guarantee amount is forfeited.
Article Twenty-Five - If it is proven that a student cheated in a classroom exam or in the mid-year exam, he is given a zero in the subject and (25) marks are deducted from his school conduct grades. If cheating occurs in the final exams, he is considered to have failed in all subjects, is dismissed, and the guarantee amount is forfeited.
Article Twenty-Six - Whoever is absent for sixty days during the year is considered to have failed in his class regardless of the reasons for his absence, and absence from every five separate lessons is considered one day of absence.
Article Twenty-Seven - The responsible Minister may exempt the student from paying the guarantee amount if the reasons justifying the exemption are verified based on the investigations of the Directorate General of Awqaf and the approval of the Shura Council.
Iraqi Gazette Issue 292
6
1/20/1960
Article Twenty-Eight - The Directorate General of Awqaf shall perform the following:
a - Providing students with books and school supplies.
b - Providing them with religious summer clothing every academic year and religious winter clothing every two years.
c - Granting each student a monthly stipend (except for the summer vacation months), the amount of which is decided by the Shura Council. It shall not be paid to him if he is absent without a legitimate excuse.
d - The Iraqi third-stage student shall be paid his travel expenses from his hometown to Baghdad at the beginning and end of each academic year, and when the school is closed in emergency situations determined by the Directorate General of Awqaf, in accordance with the travel allowance regulations.
Article Twenty-Nine - If a student leaves the school for a reason other than illness supported by an official medical report, or is dismissed or expelled from the school, he is required to pay the bail amount.
Article Thirty - This regulation shall be implemented from the date of its publication in the Official Gazette.
Article Thirty-One - The responsible Minister (Prime Minister) shall implement this regulation.
Written in Baghdad on the sixteenth day of the month of Rajab, year 1379 Hijri, corresponding to the fourteenth day of the month of January, year 1960.
Sovereignty Council
Muhammad Najib al-Ruba'i
President of the Sovereignty Council
Khalid al-Naqshbandi
Member
Member
Muhammad Hadid
Minister of Finance
and Acting Minister of Industry
Major General
Abd al-Karim Qasim
Prime Minister
and Acting Minister of Defense
Mustafa Ali
Minister of Justice
Ibrahim Kubba
Minister of Agrarian Reform
and Acting Minister of Oil
Hashim Jawad
Minister of Foreign Affairs
Ahmed Muhammad Yahya
Minister of Interior
Muhi al-Din Abd al-Hamid
Minister of Education
Hassan al-Talabani
Minister of Communications
Muhammad Abd al-Malik al-Shawaf
Minister of Health
Abd al-Wahhab Amin
Minister of Social Affairs
and Acting Minister of Agriculture
Fuad Arif
Minister of State
Talaat al-Shaibani
Minister of Planning
Naziha al-Dulaimi
Minister of Municipalities
Faisal al-Samir
Minister of Guidance
Abd al-Latif al-Shawaf
Minister of Commerce
Awni Yusuf
Minister of Works and Housing
Announcement
Number (12) for the year 1960
Amending the Bylaws of a Cooperative Society
Based on the decision taken by the General Assembly of the Halija District Agricultural Cooperative Society Unlimited in Mahmoudiya at its meeting held on 10/30/959 to amend its internal bylaws, and based on the provisions of Article Eleven of the Cooperative Societies Law No. 73 of 959, I have approved the aforementioned amendment, ratified it, and kept a copy of it with me.
Written in Baghdad on the seventeenth day of the month of Rajab, year 1379 Hijri, corresponding to the sixteenth day of the month of January, year 1960 AD.
On behalf of the Minister of Social Affairs
Khaz'al Saleh Shukr
Statement
Based on the provisions of Article Two of the Law Prohibiting the Entry of Harmful Propaganda Means for the year 1924.
We have decided to prohibit the story (The Naked Virgin) written by Kamel Mahdi and published and distributed by the Commercial Office in Beirut from entering Iraq and to confiscate all that arrives of it in the future.
On behalf of the Minister of Guidance
Muhammad Tawfiq Hussein
Al-Waqai' al-Iraqiya Issue 292
7
1/20/1960
Seizure Decision
The Second Baghdad Seizure Committee met on 11/9/959, chaired by Haqqi al-Ajjaj and with the membership of Kamil Nassif
and Yusuf Musa, and conducted the 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 5/2/959 and issued its following decision:-
1 - Rejecting the request of the declarant's agent regarding the exclusion of the archaeological hill area from his retained land for lack of jurisdiction.
2 - The committee agreed to allow the aforementioned person to retain the following lands after subdividing plot 4/1, Kweirish district, 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 subdividing plot 5/2 into
two plots numbered 5/3 with an area of 1519 dunams and 12 olks, and 5/4 with an area of 144 dunams and 4 olks, and that all
rights of stream, drainage, and passage for all retained and seized plots are marked on the cadastral maps
as well as the boundaries of the plots.
Plot | District and its fame | Sub-district | Area (dunam / olk) | Category | Descriptions
4/4 | 9 Kweirish | Al-Yusufiya | 796 - | Granted by Lazma | Agricultural irrigated by flow
4/2 | 9 Kweirish | Al-Yusufiya | 59 21 | Delegated by Tapu | Orchard planted irrigated by flow and by means
5/4 | 9 Kweirish | Al-Yusufiya | 144 4 | Granted by Lazma | Agricultural irrigated by flow
Total | ⟦line⟧ | ⟦line⟧ | 1000 - | ⟦line⟧ | ⟦line⟧
3 - The committee decided to consider the following areas as dissolved and consider them as pure Miri land for not being cultivated for three years
before the enforcement of the law and one year after its enforcement, as marked on the cadastral map.
Plot | District and its fame | Sub-district | Area (dunam / olk) | Category | Descriptions
5/3 | 9 Kweirish | Al-Yusufiya | 57 7 | Granted by Lazma | Agricultural as marked on the cadastral map with letter (A)
4/3 | 9 Kweirish | Al-Yusufiya | 48 14 | Granted by Lazma | Agricultural as marked on the cadastral map with letter (B)
4/3 | 9 Kweirish | Al-Yusufiya | 23 11 | Granted by Lazma | Agricultural as marked on the cadastral map with letter (A)
Total | ⟦line⟧ | ⟦line⟧ | 129 7 | ⟦line⟧ | ⟦line⟧
4 - Seizing what exceeds the upper limit of lands and machinery belonging to the declarant as follows:-
A -
Plot | District and its fame | Sub-district | Area (dunam / olk) | Category | Descriptions
4/3 | 9 Kweirish | Al-Yusufiya | 2108 20 | Granted by Lazma | Agricultural irrigated by flow and by means
5/3 | 9 Kweirish | Al-Yusufiya | 1462 14 | Granted by Lazma | Agricultural irrigated by flow and by means
Total | ⟦line⟧ | ⟦line⟧ | 3571 9 | ⟦line⟧ | ⟦line⟧
B - Machinery | Machine | Type | Power | Number
Water pump | Ruston | 25 HP | 128017 with 8x6 centrifugal pump
The decision was issued under Articles 1, 4, and 28 of the 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 announced publicly.
Member
Survey Inspector
Yusuf Musa
Member
Administrative Officer
Kamil Nassif
Chairman of the Committee
Haqqi al-Ajjaj
Number
4104
Year
Thirty-sixth
Al-Waqai' al-Iraqiya
The Official Gazette of the Iraqi Government (Published by the Directorate of Guidance and General Broadcasting in Iraq)
Registered at the Central Post Office in Baghdad under number (4)
⟦line⟧
Tuesday, 5 Sha'ban, year 1377 and 25 February, year 1958
⟦line⟧
Instructions
The Administrative Council for Iraqi Jews
⟦line⟧
I, the Minister of Justice,
Based on what was presented by the Bureau of Codification in its decision issued on 11/2/1958 and the previous ministerial decisions and orders it relied upon, and what is necessitated by necessity and the reality of the situation, I have decided to establish the following instructions for the management of public funds belonging to Iraqi Jews, which were under the management of the Lay Council that carried out its work in accordance with the Mosaic Community Law No. 77 of 1931, and to put them into effect starting from their publication in the Official Gazette.
Article One - For the purposes of these instructions, Iraqi Jews means all Iraqi Jews residing in all parts of Iraq for whom official statistics and census departments prove that they still retain Iraqi nationality until these instructions are put into effect.
Article Two - A - An administrative committee shall be formed in Baghdad in accordance with these instructions, consisting of five persons from the Jews residing in the city of Baghdad.
B - The members of the committee shall be elected by secret ballot in accordance with what is stipulated in these instructions.
C - The term of membership is two years, and a former member may be re-elected.
D - The administrative committee shall elect a chairman from among its members by secret ballot.
E - It is required that the chairman and the member be at least thirty years old, and the term of the chairmanship ends with the end of the term of membership, provided they have not been convicted of a felony or misdemeanor, or have been convicted and had their civil status restored.
Article Three - The committee shall perform the following tasks for all parts of Iraq, namely:
1 - Management of estates, roofed properties, and exploited properties endowed for charitable purposes, the guardianship and management of which were entrusted to the Lay Council or to any previous communal body.
2 - Management of schools and charitable institutions.
3 - Management of expenditure and revenue matters, collection of communal fees, and appointment of the necessary employees for that.
4 - Supervision of the management of slaughterhouses, cemeteries, preparation, shrouding, and burial from a financial perspective.
Article Four - A committee shall be formed in the Ministry of Justice consisting of the Head of Codification, a legal codifier, and a member elected by the administrative committee from among non-members, to serve as a reference for the administrative committee to which its actions and behaviors are presented, its budget is submitted, and appeals against the validity of the decisions it issues are raised. The decision of this committee, after being ratified by the Minister of Justice, shall be final and mandatory for implementation.
Al-Waqai' al-Iraqiya Issue 292 8 1/20/1960
Comparison of State Revenues and Expenditures for the month of September/1958 and the corresponding figures for the same period of the previous year
Revenues | Month of September 1958 | Total up to September / 958 | Month of September 1957 | Total up to September / 957
Fils | Dinar | Fils | Dinar | Fils | Dinar | Fils | Dinar
Chapter One - Income Tax | 841 | 230371 | 262 | 12075095 | 188 | 250198 | 139 | 6392635
Chapter Two - Customs Duties | 362 | 1871116 | 080 | 9561751 | 977 | 1835183 | 480 | 9759363
Chapter Three - Excise Duties | 707 | 965853 | 366 | 4243161 | 175 | 578229 | 791 | 3917890
Chapter Four - Consumption Duties and Land Tax | 459 | 199702 | 224 | 1017486 | 881 | 223891 | 865 | 1116479
Chapter Five - Property Tax and Stamp Duties | 736 | 167752 | 382 | 918837 | 858 | 147214 | 269 | 862628
Chapter Six - Post and Telegraph | 701 | 2741412 | 747 | 1217239 | 548 | 194786 | 318 | 1125777
Chapter Seven - Other State Interests | 412 | 234234 | 043 | 1570549 | 440 | 255898 | 319 | 1543052
Chapter Eight - Revenues of Government Projects | 144 | 46738 | 270 | 130546 | 718 | 22665 | 241 | 114416
Chapter Nine - Miscellaneous Income | 080 | 111198 | 103 | 677086 | 297 | 77252 | 373 | 486342
Total Revenues | 442 | 4101110 | 477 | 31411752 | 082 | 3585321 | 795 | 25318585
Expenditures | | | | | | | |
Chapter One - Pensions and Grants | 847 | 439432 | 384 | 1228485 | 067 | 342883 | 197 | 1686810
Chapter Two - Diwan of the Sovereignty Council | 353 | 1074 | 273 | 27828 | 600 | 8052 | 321 | 48343
Chapter Three - National Assembly | 965 | 3516 | 250 | 89818 | 581 | 16262 | 615 | 118056
Chapter Four - Diwan of the Comptroller General | 545 | 3055 | 050 | 19372 | 997 | 3091 | 570 | 18554
Chapter Five - Diwan of the Council of Ministers | 382 | 2406 | 157 | 21222 | 148 | 5061 | 823 | 25071
Chapter Five (A) Service Council | 523 | 2719 | 837 | 16098 | ⟦...⟧ | ⟦...⟧ | ⟦...⟧ | ⟦...⟧
Chapter Six - Ministry of Foreign Affairs | 390 | 51379 | 987 | 534821 | 648 | 133301 | 351 | 573011
Chapter Seven - Ministry of Finance | 864 | 288076 | 284 | 1396012 | 406 | 273354 | 037 | 1491200
Chapter Eight - Ministry of Interior | 500 | 80969 | 482 | 485099 | 676 | 88304 | 461 | 483059
Chapter Eight (A) Ministry of Guidance | 937 | 18146 | 825 | 131309 | 341 | 16727 | 376 | 127138
Chapter Eight - (B) Police Department | 402 | 452604 | 451 | 2640858 | 014 | 462134 | 894 | 2729016
Chapter Nine - Ministry of Social Affairs | 179 | 78474 | 705 | 467339 | 213 | 80641 | 166 | 422050
Chapter Ten - Ministry of Health | 365 | 403602 | 501 | 2243891 | 620 | 340400 | 979 | 2305317
Chapter Eleven - Ministry of Defense | 324 | 1781552 | 089 | 9663325 | 782 | 1444055 | 045 | 8440058
Chapter Twelve - Ministry of Justice | 815 | 119901 | 514 | 723257 | 413 | 122143 | 573 | 676560
Chapter Thirteen - Ministry of Education | 915 | 354303 | 308 | 2095913 | 623 | 336300 | 134 | 1833272
Chapter Fourteen - Ministry of Economy | 510 | 20296 | 966 | 106355 | 356 | 15859 | 753 | 96041
Chapter Fifteen - Ministry of Agriculture | 505 | 152387 | 865 | 913724 | 440 | 137488 | 124 | 822860
Chapter Sixteen - Ministry of Communications and Works | 402 | 234663 | 396 | 1364786 | 347 | 220174 | 840 | 1363633
Chapter Seventeen - Administration of Local Governorates and Municipalities | 443 | 3587346 | 156 | 4322139 | 513 | 2947016 | 734 | 6043043
Chapter Eighteen - Other Projects | ⟦line⟧ | ⟦line⟧ | 670 | 579 | ⟦line⟧ | ⟦line⟧ | ⟦line⟧ | ⟦line⟧
Total Expenditures | 166 | 8075911 | 480 | 29071330 | 785 | 6993253 | 993 | 29303100
Republic of Iraq - Government Press
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.
Iraqi Al-Waqai' Issue No. 4104 25/2/1958
This committee may present the accounts of the Administrative Committee to a legal auditor.
Article Five - Once the Administrative Committee is formed in the aforementioned manner, it must take over the work and assets of the existing Administrative Committee and appoint an auditor to liquidate its affairs.
Article Six - The members of the Administrative Committee shall be elected under the supervision of an electoral body composed of a delegate from the Ministry of Justice as chairman and three persons elected secretly from among ten well-known Jewish notables in Baghdad.
Article Seven - All of Baghdad is considered a single electoral district, and the electoral body shall designate a center for it therein so that it is accessible for the majority of voters to attend.
Article Eight - Voting begins on the morning of the day appointed by the Minister of Justice upon the first application of these instructions, and then on that same day at the start of any subsequent election.
Article Nine - A - Before starting the election, the electoral body must organize a list of the names of all those who have the right to vote. The list shall be posted in a prominent place in the election district for a period of eight days before the day appointed for the election. Every voter whose name is not included in the list has the right to object to the electoral body twenty-four hours before the start of the election. The decision of the body issued in this regard is considered final.
B - The electoral body shall give an identity card to every voter whose name appears on the election list.
Article Ten - The electoral body shall attend the election center equipped with ballot papers stamped with a special seal it designates. Then the box is opened so the public can see inside, then it is locked with two locks, one of which is kept by the head of the body and the other by one of its members. Then the election begins by admitting the voters to the election room one by one. The voter is given a ballot paper in which he writes the names of five persons and casts it into the box. If the voter is not proficient in writing, he dictates to the
committee clerk the names of the persons he is electing.
Article Eleven - A - The election takes place in one day, provided it is not later than sunset. Upon its completion, the committee opens the ballot box in the presence of five persons and classifies the votes. Papers not stamped with its seal and every name not appearing on the election list shall be disregarded.
B - If more than one person receives an equal number of votes such that it leads to the number of elected persons exceeding five, a lot shall be drawn among those equal in votes to exclude those needed to complete the quorum.
Article Twelve - The election body shall prepare a report on the election results to be submitted to the Minister of Justice. Thereupon, the Minister announces the result by a ministerial order notifying the committee members who won the election.
Article Thirteen - Election expenses shall be paid from the Administrative Committee's fund.
Article Fourteen - If a committee membership becomes vacant for any reason, the person whose name follows the names of the members in terms of the number of votes shall fill it. If the vacancy is in the position of the chairman, the committee shall re-elect the chairman in accordance with what is mentioned in Article Three of these instructions.
Article Fifteen - If one of the committee members or the chairman fails to attend its sessions three consecutive times without an excuse approved by the committee, a warning to attend shall be sent to him. If he does not attend the fourth time, he is considered resigned and someone to replace him is elected in accordance with Article Seven. If the absence is due to travel, the committee's approval for the absence is required, provided it does not exceed three months.
Article Sixteen - The committee's decisions are issued by a majority of votes, including the chairman's vote.
Article Seventeen - These instructions shall be implemented from the date of their publication in the Official Gazette.
Abdul Rasool Al-Khalisi
Minister of Justice
Government Press - Baghdad
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.
Al-Waqai' al-Iraqiya Issue 2698 3 31 - 1 - 1949
Article 32 - A minor girl or her father may delay her marriage until she reaches maturity, and consummation is not permitted without the consent of both, although consummation with a minor, while permissible in this case, is not considered appropriate.
Article 33 - According to the custom in the Iraqi region, a woman is given two periods to prepare herself for marriage, even if she is an adult, provided that the period is not less than one month.
Article 34 - A betrothed woman is treated as a married woman in that she is not lawful for another man except through divorce.
Article 35 - Marriage is considered to have occurred when he brings her into his house and is alone with her while she is pure from her menstruation.
Article 36 - A woman is not considered legally pure except after the immersion (long).
Article 37 - A divorced woman or a widow may not marry or be betrothed before the lapse of ninety days starting from the day following the day of divorce or widowhood.
Article 38 - A contract is not valid in the presence of a prohibited kinship or a legal impediment, and whoever marries contrary to that shall be forced to divorce, and the woman shall recover what exists in kind of what she brought in, along with the increase.
On Virginity
Article 39 - If he is alone with his betrothed before marriage, his right to a claim of denial of virginity is forfeited.
Article 40 - The prevailing custom in the Iraqi region is that he consummates the marriage in the presence of a woman they call a (Mashita).
Article 41 - If the custom is to consummate in the presence of a (Mashita) and he consummates without her, his right to a claim of virginity is forfeited.
Article 42 - If the custom is to consummate without a (Mashita) and he denies her virginity, his word shall be believed, and it shall be ruled for her to return her dowry except for her legal dower, after she takes an oath that she did not know a man before her marriage, and she may direct to him the (legal deprivation) that he was not lying in his claim.
Article 43 - If the husband proves that she disposed of her virginity or she confessed that to him, she has no right except to what was found in kind of what she brought in.
Article 44 - If his claim in denying her virginity is correct and then he accepts her as his wife, her legal dower shall be the dower of a non-virgin.
Article 45 - A claim of denial of virginity is not accepted from the man unless it occurs immediately upon consummating with his wife.
On Marital Rights
Article 46 - The husband is responsible for his wife's maintenance, clothing, medical care, companionship, dower, ransoming her from captivity, and her burial upon death. If he dies, she has the right to remain in his house, eating from his wealth as long as she remains a widow, she and her daughters until they marry, and her male children shall inherit her dowry in addition to their share of their father's inheritance alongside their brothers.
Article 47 - The husband has the right to inherit from his wife. Likewise, he has the right to the yield of her work, her wealth, and what she finds of lost property during her lifetime.
Article 48 - Alimony is imposed starting from the day it is requested in court.
Article 49 - When estimating and ruling on alimony, all the wife's needs must be taken into account.
Article 50 - In determining the amount of alimony, including clothing and housing, the condition of the spouses, time, and place shall be taken into account.
Article 51 - Likewise, their condition shall be taken into account regarding what is required of the husband for clothing and housing.
Article 52 - If he is destitute and unable to provide even bread for her, he shall be forced to divorce her.
Article 53 - If the man allocates sufficient alimony for his wife's living on the condition that she takes charge of spending on herself, that shall be accepted from him provided that he eats with her on Sabbath nights.
Article 54 - If she borrows money during his travel, he must settle her debt.
Article 55 - If he travels to a distant country, the wife shall not be granted alimony for the first three months from the day of his travel, as it is inconceivable that he left his house empty, unless he traveled following a quarrel, in which case alimony shall be ruled for her.
Article 56 - If he travels to a nearby country in order to return and then settles there, alimony shall be ruled for her.
Article 81 - If she requests him to prevent his father, mother, and siblings
from entering her house and refuses to live with them in one house on the grounds
that they harm her, and the court proves the validity of her claim, her request shall be granted. It
has been the custom for the court to assign a man or a woman to reside with
the spouses to ascertain the truth.
Article 82 - If one of them refuses to reside in a house on the grounds
that it is located in an alley whose inhabitants are evil people whom they fear,
that shall be accepted from them, and even if the house is owned by the other, they shall be forced to
leave it.
Article 83 - The husband must cohabit with his wife according to his capacity
and the circumstances of his profession.
Article 84 - If an illness prevents him or his strength fails, he shall be granted six
months; if he is not cured by the end of it, she may either forgive or he shall divorce her
and pay her dowry.
Article 85 - If the illness is one from which recovery is expected,
he shall be granted time until he recovers.
Article 86 - If one of the spouses claims that the other is abstaining
from intercourse and the other denies it, the denier shall be directed to deprivation. If they persist in
their denial after deprivation, they shall be forced to be alone with each other in the presence of
witnesses for the purpose of intercourse. If the dispute remains, the court may
decide as it sees fit.
Article 87 - It is not permissible for the husband to travel to a distant destination
without his wife's permission.
Article 88 - In places where polygamy is permitted,
a man may marry more than one if he is able to
fulfill his marital duties.
Article 89 - If he has multiple wives, he cannot
force them to live in one house.
Article 90 - As for places where it is customary not
to marry more than one woman, he may not marry another
except with the consent of his first wife or with permission from the court.
Article 91 - When legal reasons are available, the court may
permit the husband to marry another woman.
Article 92 - It has been the custom in some villages of Kurdistan
(Iraq) for a man to marry two women, and other than that,
the current custom in the rest of the country is for a man to marry one.
Article 93 - Whoever claims that it is the custom of his town for a
man to take two wives must prove that with evidence.
Article 94 - If it is the custom of the people of his town to marry
one, and he marries a second woman in violation of Article (90), he shall be forced to
divorce one of them.
Article 95 - If the first one wants to remain under his care,
he shall be forced to divorce the second; but if she refuses, he must divorce her and keep
the second.
Article 96 - The husband must nurse his wife no matter how long the duration of
her illness.
Article 97 - If her illness is chronic, he shall give her the choice to place
her dowry at her disposal to spend on her own medical treatment or to
pay her the dowry and divorce her, which is a disliked choice.
Article 98 - The proceeds of the wife's work belong to her husband as long as he
is the one who spends on her.
Article 99 - If she is the one who spends on herself, the
proceeds of her work belong to her, provided she performs domestic service according to the custom of
the town.
Article 100 - The husband shall be forced to employ a maid if
the court deems that the profits resulting from what the wife brought in
are sufficient for that.
Article 101 - If the man's resources, in the court's opinion,
are sufficient to employ a maid, the wife shall not be forced to perform domestic service
herself.
Article 102 - The evidence to prove the man's ability to employ
a maid lies with the wife.
Article 103 - If the wife refuses to perform domestic service,
she has no right to demand maintenance from him.
Article 104 - If he claims that his wife does not perform domestic service
and she denies that, a woman shall be placed between them to ascertain the truth.
Article 105 - Upon the death of the husband or divorce, the
wife shall recover, without an oath, the remaining assets of her property of both types.
Article 106 - As for the dowry, it shall not be adjudicated for the widow except
after she performs the oath of disclosure that she did not embezzle or hide
anything from her husband's property.
Article 57 - If he travels and the wife spends on herself
from the sale of his property based on a court ruling, then the husband claims
that he had left her sufficient maintenance and she denies it, her word is accepted under 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 asked about
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 secures for her
the 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 was able to work,
her maintenance is obligatory upon him.
Article 62 - If he is afflicted with insanity, he is obliged to spend on
her support and nursing; however, if her dowry was provided to her, she has no maintenance due from him.
Article 63 - If he is afflicted with insanity, muteness, or deafness,
the wife is granted what she needs for maintenance, adornment, and support from
his property.
Article 64 - The wife's right to maintenance from her husband remains
as long as she resides with him; however, if she deserts his house 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 of hers is not heard except with valid evidence.
Article 66 - The wife's property is of two types: the first is the dowry
( ⟦line⟧ ) which is the trousseau she entered with
and the money that was documented in the marriage contract; and other than that is of
the second type, which is the known property ( ⟦line⟧ ).
Article 67 - The husband is entitled to the yield of both types of the wife's property.
Article 68 - What is perished of the first type, its loss is upon
the man, and what is perished of the second type, its loss is upon 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 by it being from gifts,
her statements are considered after her acceptance of the legal deprivation 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 stranger marries in a country, the wife must
move with him to his country, otherwise she is sentenced to divorce and
she has no right except to what is found in kind of what she entered with because she married him on
this condition implicitly or explicitly.
Article 75 - If the country of the 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 recalcitrant;
and if the one refusing is the man, he is sentenced to divorce and she recovers
all her rights documented in the marriage contract.
Article 77 - If both are in one region, he has no right
to move her from the city to the countryside or from a luxurious dwelling to a
mean dwelling or vice versa, but he can move her to a country like
her country and a dwelling like her dwelling.
Article 78 - If it is proven that the husband cannot reside in
the country where 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 related to
moving the residence from one country to another apply after marriage; as for before that, neither
is forced to move, rather he must marry in the country
where 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 siblings from
entering his house, but he may not prevent them from her if an
event occurs to her like illness or childbirth, and she may visit them twice
a month and on holidays or if an event occurs to one of them.
Article 107 - The court may waive the oath if it is in the interest of the minors.
Article 108 - If she requests a delay until her children grow up in the hope that they will waive the oath, her request shall be rejected.
Article 109 - If the court is not satisfied with her truthfulness, the oath is directed to her opponent; if he is also among those whose truthfulness is not trusted, then there is no oath and no fulfillment.
Article 110 - The widow performs the oath of disclosure in the presence of the orphans; however, if she swears in their absence, her oath is not rejected.
Article 111 - If the husband released her from the oath before his death, she receives her dowry without an oath.
Article 112 - The creditor may not direct the oath of disclosure to the widow if the husband had released her or the heirs exempted her from this oath.
Article 113 - If it is proven by witness testimony that she squandered or gave the funds to others, or if she confessed to that, she must return what she squandered and what she gave, unless her husband had accepted her as a trustee over his funds before death in the presence of two witnesses.
Article 114 - If she dies before swearing the oath of disclosure, her heirs are deprived of her dowry.
Article 115 - If the value of the dowry property has decreased, or it has worn out or been consumed, the wife has the right to its original value.
Article 116 - Property of the second type, if consumed, shall not be compensated; if found in kind, the wife receives it whether its value has decreased or increased.
Article 117 - The husband may not keep the dowry property for himself and pay her its original value.
Article 118 - If the dowry property is fit for use, a substitute shall not be sought unless the husband chooses so.
Article 119 - If she dies, her husband is obliged to prepare her, shroud her, bury her, and perform the deceased's ceremonies in the twelve months following her death according to the custom of the town.
Article 120 - If the husband refuses and someone else undertakes her burial, he may recover from the husband what he spent.
Article 121 - Everything the wife owns passes upon her death as an inheritance to her husband alone.
Article 122 - If she dies during the lifetime of her legator, the husband has nothing of what passes to her heirs from the inheritance due to the death of her legator after her.
Article 123 - The husband may not dispose of the dowry property by sale or mortgage, nor may he give it to others; if he does so, he must compensate her, otherwise she has the right to disobedience (nushuz) and he is obliged to provide her maintenance.
Article 124 - If the court finds that the compensation is substantial and difficult for the husband to pay at once, it may allow for installments.
Article 125 - If he sells the dowry property with her consent, he must deliver the substitute to her in one lump sum or in installments according to the court's opinion; if he refuses, she has the right to disobedience and he is sentenced to pay maintenance.
Article 126 - The husband's gifts to his wife are considered property of the second type, and the husband may not sell or mortgage them without the wife's consent, but he may sell jewelry to benefit from its profits to provide for living expenses.
Article 127 - The husband is not forced to provide a guarantee for his wife's property.
Article 128 - The wife's rights against her husband under the marriage contract are considered a debt upon him that is not due for payment except upon divorce or death.
Article 129 - If he converts to another religion, she has the right to divorce him and receive her dowry, and in this case, she may request a judgment for her dowry even before the divorce.
Article 130 - The widow's maintenance is from her husband's estate as long as she remains so; if she becomes engaged, and the court rules for her rights according to the contract, her maintenance ceases.
Article 131 - For the widow, if she is poor and remains silent about requesting maintenance for two years, or if she is rich and remains silent for three years, this is considered a waiver of maintenance for the past period.
Article 132 - If she has something from the estate property in her possession or has taken a loan, her silence is not considered a waiver.
Article 133 - If the heirs claim they provided her maintenance and she denies it, then if she has remarried, they are believed upon their oath; otherwise, the burden of proof is on them or she is believed upon her oath.
Article 134 - Just as the widow's maintenance is upon the heirs, the product of
her work belongs to them.
Article 135 - The currency rate is determined according to the laws
in force in Iraq.
Article 136 - In a lawsuit for the fulfillment of the dowry, it is imperative for
the widow to produce the marriage contract or prove its loss or destruction by the testimony
of witnesses or reference to its copy if it is kept in the court
records.
Article 137 - The widow's marriage shall not be an obstacle to ruling
in her favor for her dowry documented in the marriage contract.
Article 138 - The value of the clothes the man bought for her
from his own money shall be deducted from the widow's dowry.
Article 139 - From the divorcee's dowry, no clothes shall be deducted
except for Sabbath and holiday clothes.
Article 140 - The widow or the divorcee may take her clothes
in kind at their value.
Article 141 - The widow or the divorcee has the right to what her father
and relatives gifted her; its value shall not be deducted from her rights.
Article 142 - The money the wife brought in with her shall be recovered from
the estate's funds if funds are found in the estate, otherwise she shall be compensated
with assets.
Article 143 - The heirs are not required to sell the deceased's belongings
to pay the dowry.
Article 144 - The heirs have priority over others in purchasing what the
widow offers for sale of the house furniture.
Article 145 - If her dowry was two hundred and she sold from the estate
what is worth one hundred for two hundred, or what is worth two hundred for one hundred, she has fulfilled
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 exists in kind of what
she brought in 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 has no maintenance until
she is 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 exists in kind of what she brought in.
Article 151 - If the defect was apparent or the man
was aware of it and remained silent, his objection is rejected.
Article 152 - Proof of knowledge is upon the wife, and upon the man
is the denial.
Article 153 - If the defect is of the type that could have occurred after
the betrothal, the evidence that the defect existed before the betrothal
falls after marriage on the husband and before it on the wife.
Article 154 - If the defect is of the type that could have occurred
before the betrothal, the evidence that it occurred after the betrothal falls on
the wife.
Article 155 - If the husband proves that the defect existed before
the betrothal or she confessed it to him and he proved that he knew of it and remained silent
or the circumstances indicated that he was aware and consenting to it, he must
pay her rights documented in the marriage contract in full.
Article 156 - The man's ignorance of the defect shall not be accepted no matter how
hidden it was if a period has passed since his consummation with her while he remained silent.
Article 157 - If thirty days or more have passed
since she stayed with him, his claim that he did not consummate with her shall not be accepted.
Article 158 - If she was afflicted with epilepsy after the betrothal
or marriage, or was afflicted before the betrothal and he was aware of that
at the time of betrothal 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 pay the rest
whenever it becomes easy for him. If she refuses to be divorced from him, she is deprived of her right from him
to living, clothing, and intercourse.
Article 159 - If he has bad breath or practiced a foul profession, he is 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 time by her consent, her lawsuit shall not be heard.
If she refuses to live with him, she has no maintenance, but she is not considered disobedient.
Al-Waqai' al-Iraqiya Issue 2698
8
31 - 1 - 1949
Article 160 - If he is afflicted with leprosy and intercourse is harmful to him, he shall be forced to divorce her and pay her dowry. The wife's consent or her knowledge of his illness before marriage is of no consequence; rather, their separation shall be ruled by force.
Article 161 - However, if she agrees to reside with him on the condition that he does not approach her, and she testifies to that, her request shall be accepted from her.
Article 162 - In all these cases, the wife is entitled to her dowry without the increase.
Article 163 - If he converts to another religion, his wife has the right to leave him, and he is obligated to provide for her maintenance.
Article 164 - If she claims that he is accustomed to adultery and two witnesses testify that they saw him with adulteresses or he confesses to that, a judgment of divorce shall be issued against him.
Article 165 - If he is accustomed to quarreling with her and expelling her from his house, he shall be considered recalcitrant and a judgment of divorce shall be issued against him.
Article 166 - The husband is not forced to divorce if he is afflicted with a defect after marriage. If his wife refuses to reside with him, she is considered recalcitrant.
Article 167 - If the wife requests a divorce due to her husband's infertility, her request shall not be rejected.
Article 168 - If she claims that she wants a son to help her in life and she does not have a son from another man, and she attributes the infertility to her husband, and ten years have passed since their marriage without pregnancy, and she requests a divorce, and the court is convinced that her request was not for the purpose of obtaining her dowry or for another reason, her husband shall be compelled to divorce and pay the dowry without the increase. Before he pays her dowry, he has the right to direct a legal deprivation to her that she was not lying in attributing the infertility to him.
Article 169 - If she requests a divorce and attributes impotence to him before the court in person and in his presence, and the court is convinced of the truth of that, a judgment of divorce shall be issued for her without a dowry, even if ten years have not passed since their marriage.
Article 170 - If he divorces her by his own consent, he must also pay her dowry.
Article 171 - The wife's claim that her husband is impotent is accepted if she does not demand her dowry; if she does, her request shall be rejected.
Article 172 - If he confesses to his impotence, it shall be considered: if the increase of the dowry is in her possession, it shall be hers, and if it is in his possession, it shall not be recovered from him.
Article 173 - The court may grant the impotent man a period for medical treatment until he is cured.
Article 174 - The wife's right to her dowry documented in the marriage contract is forfeited if she violates the law or morality or commits adultery, and she shall have nothing left except what exists in kind from what she brought in.
Article 175 - A wife is considered to have violated the law if she apostatizes, feeds her husband something forbidden, or lies with him while she is not pure from her menstruation.
Article 176 - If he is accustomed to eating forbidden things and she feeds him something forbidden, even without his knowledge, her rights are not forfeited.
Article 177 - A wife is considered to have violated morality if she departs from decency and modesty, or intentionally assaults her husband or his parents by insulting or cursing, or threatens him with harm.
Article 178 - If she insults him after he has beaten or tortured her, she shall not be held accountable.
Article 179 - The husband must warn his wife in the presence of witnesses when she violates morality that if she repeats it, her rights will be forfeited upon divorce.
Article 180 - If there are no witnesses that she violated [morality] after being warned, she shall be believed upon her oath.
Article 181 - Whoever is proven to have committed adultery, a judgment of divorce shall be issued against her.
Article 182 - The adulteress shall be divorced even if she has children from her husband.
Article 183 - If conclusive testimony of her adultery is not available, but some evidence of that is found, the husband may pay her dowry and divorce her if his soul compels him to do so.
Article 184 - If the wife accuses herself of adultery and there is nothing to support her statement, her claim shall not be considered, but by this confession she will have forfeited her rights documented in the marriage contract, and she shall have nothing left except what exists in kind from what she brought in.
Al-Waqai' al-Iraqiya Issue 698
9
31 - 1 - 1949
Article 185 - If evidence is available, her confession of adultery against herself shall be believed.
Article 186 - If she recants and denies it, explaining her confession of adultery against herself with an acceptable reason, she shall be believed.
Article 187 - If the husband confirms what she accused herself of regarding adultery, he has the right to divorce her, but he is not compelled to do so.
Article 188 - If she is raped, the wife is not forbidden to the Israelite and does not lose her right to her dowry; however, the wife of a priest is religiously forbidden and must be divorced while retaining her rights.
Article 189 - The perpetrator in an adultery lawsuit is accepted as one of the witnesses.
Article 190 - If he sees her committing adultery or learns of it from someone he trusts among his relatives or her relatives, and the court is convinced of the truth of his claim, she is forbidden to him and he has the right to divorce her after paying her dowry if she swears that she did not commit adultery; however, if she confesses to her adultery, she is not entitled to her dowry.
Article 191 - Relatives, even if numerous, are considered as one witness.
Article 192 - If a man forbids his wife from seeing someone and warns her in the presence of two witnesses, and then her seclusion with him for a sufficient time is proven, she is forbidden to her husband and shall be divorced without a dowry.
Article 193 - If his warning to her did not occur in the presence of witnesses and he sees her secluding herself for a sufficient time with the man he forbade her from, and the court is convinced of the truth of his claim, she is forbidden to him and he must divorce her and pay her dowry if she swears that she did not seclude herself with the man.
Article 194 - If she confesses to secluding herself with the man after being forbidden, divorce is mandatory and she has no rights.
Article 195 - If he makes her swear not to speak to so-and-so and warns her of the loss of her rights, and she does not comply, she has violated the law and her rights are lost.
Article 196 - A woman is not forbidden to her husband due to secluding herself with a stranger unless her husband had previously forbidden her from doing so.
Article 197 - If she leaves the marital home due to a dispute and refuses to return unless her debts are settled, she is not entitled to alimony and the provisions of recalcitrance (nushuz) shall apply to her.
Article 198 - If ten years pass since their marriage without them being blessed with a child, the husband may divorce his wife and pay her dowry; if it is not feasible for him to do so, the dowry becomes a debt upon him to be paid after the divorce whenever it is feasible for him.
Article 199 - If she claims that she miscarried during this period and he denies it, her proof of miscarriage by the testimony of women shall be accepted from her.
Article 200 - Periods of separation due to travel, imprisonment, or illness shall be deducted from the period of infertility.
Article 201 - If she miscarries, the period of infertility shall be calculated from the day of her miscarriage.
Article 202 - If miscarriage is repeated three consecutive times after marriage, the man may pay her dowry and divorce her.
Article 203 - If she reaches eighteen years of age and her husband has no son or daughter and she has not menstruated, he may divorce her; if she refuses the divorce, he is permitted to marry another.
On Recalcitrance (Nushuz)
Article 204 - If the husband becomes recalcitrant and she agrees to the divorce, he must pay her dowry and divorce her.
Article 205 - If she becomes recalcitrant without a legal reason, the court shall warn her four times, with each warning period being no less than one week.
Article 206 - The court must issue a recalcitrance warning to the wife if she rejects three legal houses provided by her husband for their joint residence, and the court may issue this warning after the rejection of one house.
Article 207 - The warning shall be to the following effect: - If you persist in your recalcitrance, you will lose your right to your deferred dowry and your alimony.
Article 208 - If the warning periods end and she remains persistent in her recalcitrance, she loses her right to her dowry and alimony.
Article 209 - The recalcitrant wife has no right to recover anything other than what exists of her trousseau in kind; whatever of it has been consumed, she loses.
Article 210 - If the recalcitrant wife takes possession of funds belonging to her husband, nothing shall be recovered from her except what exceeds what she brought in with her.
Article 211 - In the event of the wife's recalcitrance, the husband has the right to marry another woman.
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.
Al-Waqai' al-Iraqiya Issue 2698
10
1-1-1949
Article 212 - A wife, before the expiration of twelve months
of her recalcitrance (nushuz), may return to her husband if he has not yet contracted his engagement
to another woman or has not yet written a bill of divorce for her.
Article 213 - If a recalcitrant wife requests a divorce, her husband
shall not be permitted to marry another woman until he divorces her.
Article 214 - The bill of divorce must be written by the husband
himself or his authorized agent.
Article 215 - The bill of divorce is written and delivered into the woman's hand
in the presence of two witnesses and three Rabbis.
Article 216 - A man may delegate a (messenger) to deliver the bill of
divorce into the woman's hand, and the divorce is not considered effective except upon the occurrence
of the delivery.
On Release (Khalisa)
Article 217 - If a woman's husband or fiancé dies without a child,
and he has a full brother or a paternal half-brother, she is considered a legal wife to his full brother or paternal half-brother,
and she is not lawful for anyone else as long as he is alive unless he releases her according to the religious
ceremonies called (Khalisa).
Article 218 - If she refuses to marry the eldest brother or
whomever of her deceased husband's brothers wishes to marry her, and
her refusal is without a reasonable cause, she is considered recalcitrant.
Article 219 - A woman whose husband died without a child may refuse
to marry his brother if he is married, and the court in this case
may compel him to release her.
Article 220 - The wife of one who died without a child may live off
her husband's property for the three months following the death, and the proceeds
of her work shall belong to her husband's brother. Upon the expiration of this period, her right
to live off her husband's property or his brother's property lapses.
Article 221 - After the three months following her husband's death,
the proceeds of her work shall belong to her forever, even if her husband's brother
is spending on her.
Article 222 - If the three months following the death of her husband have passed
and she petitions the court demanding the brother to marry or release her
(Khalisa), and he agrees to one of the two matters but is then prevented by travel or illness,
he is obligated to provide her maintenance without an oath.
Article 223 - There is no maintenance for a woman whose husband died without a child from
his minor brother until he reaches maturity.
Article 224 - A woman whose husband died while she is pregnant may
live off his estate until she gives birth. If she gives birth to a child expected
to live, she shall have from her husband's property the maintenance that other
widows have.
Article 225 - A woman whose husband died without a child, if her matter leads
to release from her husband's brother, she recovers her rights documented in the marriage
contract like any other widow.
Article 226 - A woman whose husband died without a child does not recover
her rights documented in the marriage deed except after the release.
Article 227 - If a man has a debt owed by his brother's wife
who died without a child, or if he has a lawsuit with her father, he may postpone
her release until she pays her debt or a final judgment is issued in his lawsuit.
Article 228 - The lawsuit of a widow of one who died without a child is filed
and the ceremonies of her release are conducted in the court of the place of residence of the husband's brother.
Article 229 - If a man refuses to execute a judgment for divorce
or release issued against him, the court, in order to compel him to divorce
or release, may sentence him to pay maintenance to the opposing woman.
Article 230 - These provisions shall be implemented in all religious courts
of the Mosaic community starting from the date of their publication in
the Official Gazette.
Al-Waqai' al-Iraqiya Issue No. 2938 2 10-3-1951
Property - includes immovable property belonging to the person whose citizenship has been revoked
or which is in his possession by way of insurance, lease, mortgage, or any other method,
and the price of its sale, its mortgage value, its insurance, its rent, its growth, and the rights resulting from it.
As well as deposits, debts, cash, currencies, shares, bills of lading, remittances,
transferable bonds, and any real or personal right belonging to him.
Article Two - A. The property of persons whose Iraqi citizenship has been revoked shall be frozen, and it is not permissible
to dispose of it in any type of disposal as of the date of the entry into force of this law. It shall be
disposed of in accordance with its provisions and the regulations issued thereunder.
B - The Department of the General Secretariat for the Supervision and Management of the Property of Persons whose Citizenship has been Revoked shall be established,
headed by the Secretary-General, according to a staff determined by the Council of Ministers. The salaries of the employees of
this department and the expenses required to be spent in accordance with this law and the regulations
issued thereunder shall be from the funds at the disposal of the Secretary-General.
Article Three - Regulations shall be issued for the purpose of implementing this law in the following matters:
A - The powers and authorities of the Secretary-General, and how the funds are managed, preserved, and disposed of,
frozen, and liquidated.
B - The duties imposed on natural and legal persons, interested parties, government departments,
semi-official entities, and employees regarding how to dispose of property belonging to persons whose
citizenship has been revoked.
Article Four - The transactions and contracts conducted by the Secretary-General and the decisions
he issues pursuant to this law and the regulations issued thereunder shall be valid.
Article Five - A - Every person who violates the provisions of this law and the regulations issued
thereunder, or the orders and instructions issued pursuant to them, shall be punished by imprisonment for a period not exceeding two years,
or by a fine not exceeding four thousand dinars, or both.
B - The penalties set forth in this law do not prevent the request for the resulting guarantee from
the damages caused by the violations from the violator. The Secretary-General or his deputy may file
the lawsuit and request the guarantee from the person responsible, whether with the criminal case or in the
competent court independently.
Article Six - After the entry into force of this law, the actions of any person - except the Secretary-
General - regarding the property belonging to the person whose citizenship has been revoked shall not be considered, and every action of this
kind shall be null and void.
Article Seven - Every interested party who finds in the decisions of the Secretary-General something that affects his rights may
appeal his decision to the Minister within one month from the date of the decision. The decision issued by
the Minister shall be considered final.
Appeal
10-3-1951
3
Al-Waqai' al-Iraqiya Issue No. 2938
Article Eight - This law shall be implemented from the date of its publication in the Official Gazette.
Article Nine - The Ministers of State shall implement this law.
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 | 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 | Abdul Wahab Mirjan | Dhia Jafar
Minister of Justice | Minister of Finance | Minister of Communications and Works
Abdul Majid Mahmoud | Khalil Kanna |
Minister of Economics | Minister of Education |
⟦line⟧
Government Press - Baghdad
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.
Iraqi Gazette Issue 2939 2 10-3-1951
E - Signing all transactions required for the management, liquidation, or freezing of funds according to the provisions of this law.
F - Acting on behalf of the person whose citizenship has been revoked in companies whose term has not ended or which he does not see a reason to dissolve, or delegating others for this purpose, as well as acting on his behalf in all his rights 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 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 whom the Secretary-General believes for a reasonable cause to have in his possession or under his control 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 grant to the Secretary-General for the purpose of this regulation.
Article Two - The Secretary-General may sell the 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 supplies, municipalities, and other semi-official departments.
B - Paying the debts established against him by 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 deed issued before the enforcement of this regulation.
C - If it is prone to collapse or the benefit from its exploitation has ceased.
D - Paying the alimony owed by him according to the provisions of paragraph (H) of the previous article.
E - Paying any expense or fee under this regulation.
Article Three - If the Secretary-General is convinced that the company established by the person whose Iraqi citizenship has been revoked, or in which he has shares, contains 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 he may also dispose of the shares according to the legal provisions.
Article Four - Subject to the provisions contained in Article (2), the Secretary-General must freeze all funds belonging to the person whose citizenship has been revoked and refrain from releasing any