| المستخلص: |
This study strives to look into the Constitutional and legal regulation of the practice of religious rites. In General ,today the subject of human rights , especially the practice of religious rites ,which takes strong interests and attraction by the researcher and reader either he is specialized in this field or not. Especially it has become today one of the most important human rights and freedom in a world which lives the increasing religious extremism. We can say here that measure of the development and evolution of any society was expounded by the respect of that society of the citizens and their fundamental freedoms and rights. So the practice of religious rites has occupied a special place in the social and legal Reality because it is closely linked to humans, inasmuch the breadth of the of public freedoms subject, we preferred to choose the Legislative regulation of the practice of religious rites -a comparative study -to be the Thesis title. It is important to say that the constitutions differ in their treatment of human rights according to the differences in the social, economic, and political conditions. Through this study, we review the practice of religious rites in ancient civilizations and then give the most important definitions of religion and the practice of religious rites. Then we will review in the Comparative legislation and their regulation related of the religious rites practice in two parts: The first part is the constitutional side and the second part is the legal aspect in the comparative legislation. As well-known most of states in the world resort to including in their constitutions the most significant principals and human affairs, which believe that it’s are able to protect them from violation and alteration, which will negatively effects on this practice. This was confirmed by the constitutional legislator in the United States of America in the in the Bill of rights and the First Amendment and the Egyptian legislator from 1923 condition until 2014 constitution.
The Iraqi constitution of 2005 has assured the rights to protect the religion believe and the practice of religious rites, in according some of the constitutional guarantees of practicing this practice, also in accordance with signing many kinds of international agreements related to the human rights and freedom. On this basis, this thesis aims at proving the hypothesis, which demands from the constitutions in the comparative countries to constitutional protection for the religious practice in general. The laws in the comparative countries are guaranteed the protection of the practice of religious rites, based on legislation law without differ enation between individuals according to their race, language, and religion in normal conditions or in exceptional conditions. In addition, how these exceptions conditions may increase the restrictions over the practice of individual to some of their rights and expand the specialty of the executive power at the expense of other authorities in the state. It should be noted, this review has adopted of the constitutional provisions and judicial rulings in the comparative countries and others states. Thus, other means are also worth considering; though, we cannot postulate a fully mature one here, some extra legal solutions were provided in the recommendatory section. Nonetheless, both the legislative framework and its reinforcing consensus guideline will offer a legal safe for everyone in the practice of religious rites Finally, I have finished this thesis by sitting the most consequences I reached it.
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