Controversy in Iraq Over Ramadan Fasting: Arrests Between Law and Constitution

With the beginning of the month of Ramadan, several Iraqi provinces witnessed security campaigns to monitor those breaking their fast in public places, sparking widespread debate between supporters who see it as a protection of the sanctity of the month and preservation of public order, and opponents who consider it an infringement on individual constitutional freedoms.

The Ministry of Interior issued directives to prohibit public displays of breaking the fast during the day, applying to both citizens and foreign residents alike, and requiring restaurants and cafes to refrain from serving food before iftar, assigning inspection teams to monitor compliance.

The Law and Observable Crimes

In the southern provinces, the campaigns resulted in the detention of dozens of individuals and the closure of some violating shops.

Legal expert Ali Al-Tamimi stated that Article 240 of the Iraqi Penal Code allows for imprisonment or fines for those who violate an order issued by a competent authority, noting that instances of breaking the fast in public places are considered "observable crimes," which permits immediate arrest with the possibility of release on bail.

Human Rights Concerns and Community Pluralism

Conversely, activists expressed their concerns that the campaigns may place some foreign workers and non-Muslims in an unfair position, without verifying their religious backgrounds or health conditions.

Activist Wissam Al-Abdallah argued that respect for Ramadan should be enhanced through community awareness, not mass arrests, calling for guidelines that consider the uniqueness of Iraqi society and its diverse religions and sects.

Balancing Public Order and Freedom of Belief

Some complaints relate to the difficulty of proving legitimate excuses, creating challenges for authorities in balancing law enforcement and protecting constitutional rights.

The Iraqi constitution stipulates the protection of freedom of thought, conscience, and belief, and guarantees equality before the law without discrimination based on religion, sect, or nationality, which places a significant responsibility on enforcement agencies to achieve a balance between public order and individual dignity.