Legal Problems Related to Agricultural Land Ownership in Iraq

Analytical Study

Abstract

The ownership of agricultural land has many issues in both Iraq and Kurdistan region of Iraq, and these problems have a historical root, so we discussed these problems since the Ottoman Empire took control of the land of Iraq and the Kurdistan Region of Iraq until now. We include in this research a brief history of agricultural lands in Iraq. Then we listed the legislation that was in force at each historical stage, which was regulating the provisions of owning agricultural lands at this stage, and we also focus on the topic that we related to each legislation during its entry into force at each historical stage, and in general, the problems related to the ownership of agricultural lands in Iraq since the date of inception the control of the Ottoman Empire over Iraq is represented in the scope of ownership of agricultural lands and the controls that govern the ownership of these lands, especially the upper limit of ownership of agricultural lands, which has not addressed this problem so far as required, and we followed an analytical approach to study and address these issues. Eventually we reached several conclusions, from which we concluded that what is based on the lease of agricultural land in the Kurdistan Region-Iraq differs from what is based on it in Iraq, as it is based in Iraq on the law, which is the law of renting Agricultural Reform Lands for companies and individuals No.(35) for the year 1983, but that what is based on it in the Kurdistan Region of Iraq is the statement of instructions, so we proposed to the legislator in Iraq and the Kurdistan Region of Iraq to issue a special law to regulate the provisions of agricultural land ownership, in which the provisions of the various agricultural rights are regulated, especially the right to dispose and benefit on the agricultural lands.