Voices from the Archive

IJA 2778

Iraqi Citizenship Laws and Court Cases; Correspondence from the President of the Baghdadi Jewish Community

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Description

These documents pertain to Iraqi citizenship laws and court cases regarding the implementation of those laws. There are printed copies of Al-Waqā’i‘ Al-‘Irāqiyah, the official government newspaper for publishing legislation, containing Law 5/1951 on monitoring and managing the assets of Jews who have abrogated their Iraqi citizenship; Law 12/1951, appendix to 5/1951; Law 64/1967, amendment to the appendix of 12/1951; Law 125/1967, amending the end of 12/1951; Law 1/1964, amending the instructions to 1/1963 on Iraqi Jews traveling outside of Iraq; Law 161/1963, amending the fourth regulation of 12/1951; Law 54/1962, amending 12/1951; Law 14/1963, cancelling 11/1960; Law 11/1960, amending 12/1951; and Law 1/1950, amending 62/1933. There are also court cases and correspondence from the President of the Baghdadi Jewish Community discussing loyalty of the Iraqi Jews.

Metadata

Archive Reference
IJA 2778
Item Number
16225
Date
Approx. January 1, 1941 to December 31, 1950
Languages
Arabic
Keywords
Legal Document, Ministry of Justice, File Folder, Typed, Citizenship Laws, Iraqi Government, Baghdadi Jewish Community, Sun Crest, Newspapers, Al-Waqā’i‘ Al-‘Irāqiyah, Head of the Court of Cassation (Supreme Court) – Iraq, Legal, Hakham Sassoon Khedouri, Ink Stamps, First Court of Baghdad, Court of Personal Property, President of the Jewish Community, Ministry of Health, Correspondence, Eagle Crest, Annotation, Handwritten, Revenue Stamps

AI en Translation, Pages 1-25

Page 4

Presidency of the Mosaic Community
In Baghdad
Telephone Number { 83531 President
80452 Secretary
Number T / 68
Date 8 / 3 / 1968
Subject /
Q - Most foreign journalists imagine that the loyalty of Jews in Iraq is to the Zionist state (Israel) in occupied Palestine
and not to their Arab homeland. What is your opinion as citizens and as a response to the claims and allegations of the foreign press
regarding the persecution of Jews among the citizens of Iraq?
A - First - I have previously stated on several occasions that the loyalty of the members of my Mosaic community in Iraq is to Iraq
and to Iraq only, because we have been Iraqis for thousands of years, living faithfully for this country, and we hope that no one makes the mistake
of doubting our sincerity.
Second - After June of last year, approximately fifty people from the members of the Mosaic community were detained,
and until now, approximately twenty-five people remain under detention. I have personally contacted the authorities
regarding them and was promised their release soon. Likewise, legislations were issued that imposed restrictions on Jews, the last of which
was the legislation issued a week ago. We have previously followed up regarding these various restrictions and will continue to do so, driven by the strong hope
that our just government will lift all these restrictions and treat us as loyal Iraqi citizens
to their homeland and their dear soil.
Rabbi Sassoon Khadhuri
President of the Mosaic Community

Page 5

⟦Q 1⟧
Most foreign journalists imagine
that the loyalty of Jews in the Arab world
is to the Zionist state (Israel)
in occupied Palestine and not to their original
homeland. So what is your opinion on citizenship
and what is repeated in the claims of the foreign
press, most recently, regarding the
sincerity of Jews as citizens in the countries
<del>⟦in which they live⟧</del> ?

Page 7

without any charges being directed against them and without
referring them to the courts, and they were ⟦subjected⟧ to
harsh, disgraceful treatment without regard for age or health.
More than ⟦200⟧ people among them are still in
prison, while the other remaining Jews
live in a state of fear and have been prevented
from carrying out their public activity normally,
and a number of Jews have also been arrested
in Iraq and Syria for the purpose of ⟦fleeing⟧ abroad ⟦due to⟧
violence, boycott, and restriction of movement, and they are not
allowed to seek asylum in other countries.
What the Jews in the Arab countries in the
Middle East are being subjected to constitutes a blatant
violation of the Declaration of Human Rights
which those countries had pledged to abide
by - as it also constitutes a violation of the familiar
norms in relations between states.
⟦And we appeal⟧ to the British government - which
restored its diplomatic relations with Egypt
and wishes, as stated in the news, to restore
its diplomatic relations with Iraq also that

Page 8

⟦...⟧ highlight our service to humanity as
to clearly illustrate what is being perpetrated against these
defenseless innocent people of brutal acts
and injustice and oppression
Sincerely
A. L. Easterman
Department of Foreign Affairs
World Jewish Congress
London

Page 9

- 2 -
⟦illegible⟧
First - I have previously clarified on several occasions that the loyalty
of the members of the Mosaic community in Iraq is to Iraq and to Iraq only
because we have been Iraqis for thousands of years, living faithfully for this
country, and we hope that no one will stab us by doubting our sincerity
and our loyalty ⟦illegible⟧ of our obligations
Second - Due to ⟦the events⟧ <del>⟦illegible⟧</del> there are a number of ⟦youths⟧ in prison, including many
members of the Mosaic community <del>some of whom were released</del> and there is still
until now a number of approximately 40 people under detention, and I have personally reviewed
the authorities regarding them and was promised their release soon
Likewise, <del>some</del> legislations were issued that placed restrictions on some and
the most recent was the legislation that was issued, and we have previously followed up regarding various
of these restrictions and we will follow up, and we are driven by strong hope that our
venerable government will lift <del>these</del> all these restrictions and treat us with the treatment
of citizens confident in their patriotism and loyal to their homeland and their President

Page 12

Presidency of the Court of Cassation of Iraq
Baghdad
Republic of Iraq
The Amount
17 / 8 / 1967
File Number: 21 / Personal Status / 1967
Sequence: 35
The Second Civil and Commercial Panel of the Court of Cassation of Iraq was formed on 27 / 8 / 1967
under the chairmanship of the Vice President Mr. Abdul Hamid Kubba and the membership of the two judges, Mr. Sadiq Al-Khudhairi
and Anwar Al-Waswasi, authorized to judge in the name of the people, and issued the following decision: -
The Appellant - Yaqoub Salim Yousif Hay.
The Appellee - The Secretary General for the Monitoring and Administration of the Property of Jews whose Iraqi Citizenship has been revoked
in addition to his position
The plaintiff, Yaqoub Salim, requested the Personal Status Court in Baghdad to correct the distribution of estate
issued by it under number 66/73 dated 1 / 10 / 1966 regarding the deceased Ibrahim
Munshi Yousif Sabna, of the Mosaic faith, and to limit the inheritance to him instead of his heirs listed
therein whose Iraqi citizenship has been revoked, who are the wife of the deceased and his children, and to hand over to him the funds
upon which the General Secretariat for Frozen Assets has laid its hand, in addition to the funds
of the aforementioned heirs for the benefit of ⟦those whose⟧ Iraqi citizenship was revoked, which he estimated at one thousand Dinars,
and to charge the defendant, the Secretary General in addition to his position, the lawsuit costs and attorney fees.
The aforementioned court issued a ruling on 12 / 6 / 1967 under file number 122 / 67
an in-person ruling stipulating the dismissal of the plaintiff's lawsuit due to his inability to prove that the deceased's heirs are in a state of war
so as to be deprived of inheritance according to the rules of Hanafi jurisprudence which is applied regarding non-Muslim sects,
and charging the plaintiff the trial costs and attorney fees for the defendant's representative.
Due to the plaintiff's lack of conviction in this ruling, his representative submitted a cassation brief for its review and reversal, and his appeal was registered
on 2 / 8 / 1967.
The Decision - Upon review and deliberation - it was found that the appealed decision, in view of the grounds
it was based upon, is correct and in accordance with the law; it was decided to ratify it and charge the appellant the cassation fee. The decision was issued
unanimously on 27 / 8 / 1967.
First Clerk
True Copy
Republic of Iraq 15 Fils
Republic of Iraq 20 Fils
Muhammad 8 / 29

Page 19

Iraqi Al-Waqai' Gazette No. 1437
4
11/7/1967
Number (66) of 1967
Law
Youth Welfare
In the name of the people
Presidency of the Republic
Based on the provisions of Article (44) of the Provisional Constitution, and pursuant to what the Minister of Youth Welfare has presented, and with the approval of the Council of Ministers.
The following law is ratified: -
Article 1 - The Ministry of Youth Welfare aims to achieve the reasons for strength and care for youth and to take their hands to build a virtuous society in which youth are a strong pillar of its foundations by organizing their activities in the Iraqi Republic within a framework of unity of action, thought, and purpose to form the good citizen who bears his national and pan-Arab responsibilities on foundations of moral integrity, balanced thinking, and physical ability.
Article 2 - The duties of the Ministry of Youth Welfare shall be as follows: -
1 - Comprehensive planning for youth welfare in all stages of growth, and finding ways to ensure social integration by directing youth to serve national and pan-Arab goals, investing their spare time, and directing them in a manner that brings great good to the nation.
2 - Preparing leaders and pioneers from youth who believe in God, the messages of heaven, and Arab and Islamic values, and creating a generation of youth aware of their responsibilities, dedicated to serving their homeland and the high goals of the Arab nation through national-humanitarian orientation and working to develop their talents and abilities and raising their cultural, social, and artistic levels.
3 - Organizing celebrations and festivals to highlight youth energies, developing them, and advancing them for the better, and working with other executive state agencies to hold celebrations on national and pan-Arab holidays and occasions.
4 - Establishing houses, camps, and campsites for youth for the purpose of training them militarily and instilling Arab and human values in their souls, those values represented in chivalry, courage, and heroism, preparing educational lectures for them, and supervising their various activities.
5 - Establishing clubs that care for youth, forming various youth organizations with national and pan-Arab goals, and sponsoring these organizations from all aspects so they can perform their role in public life at the Arab and international levels.
6 - Preparing all legitimate means such as studies, trips, visits, and others to deepen the sense of duty, learn about the features of national and global thought, and connect with parts of the homeland to know it closely and live within it.
7 - Preparing the means to ensure the meeting of Iraqi youth organizations with all other youth organizations in the Arab world, and setting a general policy based on the needs of the homeland and its international positions to organize the relationship of Iraqi youth with the rest of the youth organizations in the world.
8 - Sponsoring the Olympic Committee and private sports clubs and federations, and supervising their activities in order to coordinate efforts and set a comprehensive plan to raise their levels and push them on the correct national path to perform their sporting mission.
9 - Encouraging workers in the field of youth welfare by granting material, honorary, and literary prizes to the outstanding among them, in appreciation of their efforts in serving the homeland and national causes.
10 - Establishing centers for youth welfare, and supervising the activities of private and government sports clubs to form a single coordinated plan, and working to establish stadiums and sports facilities in the Iraqi Republic.
Article 3 - Regulations may be issued to facilitate the implementation of this law.
Article 4 - Any text that contradicts the provisions of this law shall not be applied.
Article 5 - This law shall be implemented from the date of its publication in the Official Gazette.
Article 6 - The Ministers shall implement this law.

Page 24

Republic of Iraq
Ministry of Health
Directorate of Pharmaceutical Affairs
Date 31 / 7 / 1967
1041
Ministerial Order
No. / -
Based on the requirements of the public interest, it has been decided to close and withdraw the licenses of the drugstores listed below, provided
that their operations are liquidated within a period not exceeding one month from the date of issuance of this order: -
1- Al-Madina Drugstore
2- Al-I'timad "
3- General Baghdadi Supplies ".
Minister of Health
Dr. Ahmed Al-Shamm⟦aa⟧
Copy to /
General Health Inspectorate - Requesting the necessary measures be taken to supervise the closure of the drugstores
mentioned
General Establishment for Drugs - Requesting not to supply them with medicines and medical materials
Health Presidency of Baghdad Province
Pharmacists Syndicate
Directorate of General Income Tax
Directorate of General Customs and Excises
Directorate of General Import and Export
Central Bank Governorate - Foreign Transfer
Mr. Maurice Sheena - Owner of Al-Madina Drugstore - Baghdad - Ras Al-Qariya - Sayyid Sultan
per our order above
- Naji Abdullah ⟦Karrah⟧ - Owner of Al-I'timad Drugstore - Baghdad - Ras Al-Qariya -
General Baghdadi Supplies Drugstore -
Ras Al-Qariya - For the same purpose
Directorate of Pharmaceutical Affairs and Narcotics - With the original file
Najat