Abstract

Fifteen years ago, before the so-called “Arab springs”, Iraq, following the political-military events, adopted a new Constitution, which proclaims Islam the State religion and places Sharia as one of the sources of legislation, with the obvious consequence that no ordinary law can contradict not (only) the Constitution in se ipsa, but (also) the principles of Islamic law, which are therefore super-constitutional principles of divine origin; at the same time, however, the Constitution always provides a large number of rules, sometimes even very detailed, on the guarantee of religious freedom for non-Muslim minorities, what seems to be a phenotype of a sincere attempt to find a very advanced point of balance.