Abstract

Countries usually resort to including in their constitutions the most significant principles and human affairs which believe in the necessity of protecting them from voilation and alteration as any constitution normally stands at the peak of the hierarchical system of law; and that amongst the affairs which countries resort to demonstrating them and confirming them as binding texts in the constitution are : rights and freedoms on account of their strategic importance in offering the appropriate democratic and legal quality to the state the constitution of the Republic of Iraq of 2005 did not go far beyond the limits of this issue Iraq specified a thorough chapter under the title of ( Rights and Freedoms ) especially in the field of freedoms -definitely speaking those which involve the religious freedom-the text which deals with the protection of the freedom of practicing the Husseini Rituals . Verily, it is regarded as the first constitution in the world that confirms frankly the practice of this freedom by his pure progeny; therefore the significance of this constitutional relevance is clearly shown in the freedom of practicing the Husseini Rituals which derives its value from the importance of the person to whom these rituals are related namely, in the holy character of the Imam Hussein son of Ali ( P.B.U.T ) and what these rituals bear of prestige and sanctity among the over whelming majority of the Iraqi people . On this basis, this research aims at proving the hypothesis which demands from the constitution of the Republic of Iraq of 2005 to provide the constitutional protection of the freedom of practicing the Husseini Rituals whether through constitutional texts or through constitutional guarantees for that freedom. within this context, this thesis has dealt with the concept of the constitutional protection of the freedom of practicing Husseini Rituals     by way of demonstrating the definition of the constitutional protection of this freedom and definition of the Husseini Rituals .                            

The research has also dealt with the limits of the constitutional guarantee of practicing this freedom which is implied in the constitutional texts once with general indications and once with private ones and the restrictions that impede the practice of this freedom .                          

Moreover, the constitutional guarantees which has been made by the Iraqi legislator have been thoroughly explained for the protection of the constitutional text which relates to the freedom of practicing the Hisseini Rituals as regards general constitutional principles or as regards the role of the federal authorities for granting the freedom of practicing these rituals.                                                                                                   

We can conclude in the end that we have reached in this thesis that the constitution of the Republic of Iraq of 2005 has supplied a distinguished protection of the freedom of practicing Al – Husseini Rituals by way of the diverse constitutional texts which have granted this freedom; in addition to the constitutional guarantees which has been restricted in the constitution for the sake of granting the application and respect of the constitutional text specified for the freedom of practicing Husseini Rituals .