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En 2005, après la chute du régime baassiste de Saddam Hussein, les autorités irakiennes, mises en place par la Coalition menée par les États-Unis, ont instauré en Irak un nouveau régime démocratique, parlementaire et fédéral, et adopté la première Constitution permanente du pays depuis la fin de la monarchie en 1958. Le système fédéral ne s’applique encore aujourd’hui qu’à une seule entité fédérée : la région du Kurdistan d’Irak, qui trouve dans ce régime une autonomie de jure succédant à l’indépendance de facto acquise quatorze ans plus tôt lors de la Deuxième guerre du Golfe. La démocratie pourra-t-elle être appliquée à un pays empreint de la culture arabo-musulmane et encore marqué par près de quatre décennies de dictature ? Le fédéralisme est-il la réponse aux divisions ethniques et religieuses profondément ancrées dans la société irakienne, en particulier entre les Arabes chiites, les Arabes sunnites et les Kurdes ? Saura-t-il constituer une solution capable de satisfaire les ambitions nationales du Kurdistan d’Irak et de résoudre les conflits qui opposent ce dernier au gouvernement central irakien ? En analysant le texte de la Constitution irakienne de 2005 et le projet de Constitution de la région du Kurdistan de 2009, en examinant les institutions fédérales de l’Irak et les institutions régionales kurdes, en étudiant la répartition des pouvoirs dans le système fédéral, et à la lumière de l’évolution de l’Irak au cours des années qui se sont déjà écoulées depuis la transition, ce travail a pour ambition de déterminer la viabilité et la pertinence du régime constitutionnel fédéral pour l’Irak et pour le Kurdistan. / In 2005, after the fall of the Ba’athist regime of Saddam Hussein, the Iraqi authorities, installed by the American-led coalition, inaugurated in Iraq a new democratic, parliamentary and federal regime and adopted the first permanent Constitution for the country since the end of monarchy in 1958. Today, the federal system still only applies to a single federated entity: the autonomous region of Iraqi Kurdistan, which found in this new regime de jure autonomy following a de facto independence acquired fourteen years earlier in the wake of the Second Gulf War. Can democracy be applied to a country stamped by Arab Muslim culture and scarred by almost four decades of dictatorship? Is federalism the answer to ethnic and religious divisions that are profoundly anchored in Iraqi society, in particular those between Arab shi’ites, Arab sunnis ad Kurds? Will it be a satisfactory solution for the nationalist ambitions of Kurdistan and the conflicts that oppose that region to the Iraqi central government? By analysing the text of the 2005 Iraqi Constitution and of the 2009 draft Kurdish constitution, by examining the federal institutions of Iraq and the regional institutions of Kurdistan, and in light of the evolution of the new regime since it was established, this work attempts to evaluate the viability and the pertinence of the Iraqi constitutional regime for both Iraq and Kurdistan.

This dissertation analyzes the Iraqi reconstruction period, including two pivotal moments in 2005, the ratification of the new constitution and the democratic elections, to examine issues of identity and sectarianism in Iraq. The following analysis will assist in the demystification of Iraqi sectarianism, understood to be the manifestation of an identity struggle between Sunni and Shi’a groups within Iraq, and connect this phenomenon to issues of hegemony and democracy. The discussion of Sunni and Shi‘i relations in Iraq as it relates to the Iraqi reconstruction period involves numerous areas of discipline including politics surrounding the invasion and occupation, the history of Iraq, democratic principles, secularization, democracy, and its role Islam, and of course sectarianism to name a few. These topics are supported by King’s theory of postcolonialism, aspects of Geertz’s understanding of nationalism, and Weber’s connection of power and status. The impact of the 2003 invasion of Iraq will be understood in reference to Mark Juergensmeyer’s theory of cosmic war which he offers arises when symbols become deadly and the struggle for identity becomes so intense the thought of losing this conflict is unimaginable, therefore manifesting in a conflict that cannot be solved by Western political means. Furthermore, this dissertation addresses the role secularism plays in drafting of the 2005 Iraqi constitution and the following elections. Religious violence is nothing new, and in fact it often has little to do with religion itself; rather it’s a question of political and identity representation and identifies religious violence as a tool to gain power; it is through this lens that this dissertation positions sectarianism. This dissertation provides the groundwork for future projects which highlights the truth of American bias and identity issues while using sectarianism in Iraq as a case study for debunking the myth that religious conflict is prevalent in Islam due to the backward nature of the religion and suggests how dialogue might be useful in this instance. / Religion

No / Although Iran is one of the most diverse nations in the Middle East, the state historically has been reluctant to adapt a pluralistic approach to both socio-political and economic development. This chapter focuses on the Sunni population in Iran, which is often overlooked in studies dealing with state-minority relations in Iran. It examines the socio-economic challenges of the Sunni population under both the Pahlavi dynasty and the Islamic Republic. Although the Islamic Republic based its ideology both on redistribution of wealth and empowerment of the impoverished, the ethnic Sunni Iranians who lived in the most impoverished regions of the country received very little attention from the new post-revolutionary order.

This is a study of hudud - Islamic 'fixed penalties' - as they appear in Iranian law and courts. It first presents the codified laws and underlying elements from Twelver Shi‘i law (as interpreted by the Iranian legal community) governing the penalties of stoning for adultery, amputation of four fingers for theft, and execution for sodomy and certain variants of fornication (illicit carnal congress between unmarried males and females). It subsequently observes how these laws and concepts are used in practice by analysing previously unavailable court documents pertaining to theft, sodomy, fornication and adultery trials. It thereby seeks to discover opportunities for avoiding these hadd (singular of hudud) penalties, which are termed ‘irreversible’ because they change the condemned irrevocably by killing or maiming them. The material collected suggests several patterns characterising the application of hudud in Iran. The law itself provides so many opportunities for lenience that in most cases, irreversible penalties could theoretically be avoided. However, the law is often so vague that judges have enormous discretion about how to interpret and apply it. This is exacerbated by the fact that the codified law is underlain by Shi‘i texts which jurists, judges and lawyers acknowledge as the true and authoritative source of law. The law’s vagueness necessitates recourse to these texts, but different texts and interpretations thereof can be used in court, leading to unpredictable sentencing. Furthermore, in the cases analysed it was commonplace for laws to be contravened outright. Socioeconomic forces also affected, or were revealed by, some of the cases. As well as many opportunities for lenience, the law contains fundamental obstacles to it, many of which are difficult to abrogate in an ‘Islamic Republic’ because they originate from authoritative Shi‘i texts. Some jurists suggest ways to overcome even these, one being Khomeini’s doctrine whereby state interests can override Islamic orthodoxy to protect the Muslim community and hence Islam itself. The project serves as a ‘handbook’ of codified Iranian hadd law in light of its underlying Shi‘i concepts as understood by Iranian legal specialists. Through a systematic analysis of hadd cases, it shows how these ideas are applied in practice, and could also have practical applicability in the field of human rights.

This study explores Iran’s political and cultural history in order to better understand the country’s current stance on international politics and peace. This study asks: what defines peace in Iranian discourse? To this end, this thesis employs a Foucauldian archaeological and genealogical methodology on historical research and contemporary primary sources. The historical data is mainly secondary sources, whilst primary sources are drawn from contemporary speeches, interviews and articles presenting Iranian foreign political thought. First of all, this study uncovers the major research gaps concerning Iran in peace research. This speaks to the general lack of diversity and inclusiveness in the subject of Peace and Conflict studies, which is contrary to its claim of being universally relevant. Relevance comes with knowledge of other traditions and conversations across divides, which is typically absent in a universalised provincialism. Secondly, contemporary Iranian political discourse represents a continuity from antiquity, incorporating deep-rooted practises of cosmopolitanism and structural peace, represented by 4000-years of experiences in state-building, conflict management, continuous movement of people and changing centres of political power. In short, Iran has a long experience of multi-polarity, multi-ethnicity and multi-religiosity across time and space.

This thesis delineates the transformation of Iran’s so-called post-revolutionary ‘religious intellectuals’ (rowshanfekran-e dini) from ideological legitimators within the political class of the newly-established theocratic-populist regime to internal critics whose revised vision for the politico-religious order coalesced and converged with the growing disillusionment and frustration of the ‘Islamic left’, a constellation of political forces within the governing elite of the Islamic Republic, that following the death of Ayatollah Khomeini increasingly felt itself marginalised and on the outskirts of power. The historical evolution of this complex, quasi-institutionalised and routinized network, encompassing theologians, jurists, political strategists and journalists, which rose to prominence in the course of the 1990s, and its critical engagement with the ruling political theology of the ‘guardianship of the jurist’, the supremacy of Islamic jurisprudence, political Islamism and all forms of ‘revolutionary’ and ‘utopian’ political and social transformation, are scrutinised in detail. In this vein, the thesis examines the various issues provoked by the rowshanfekran-e dini’s strategic deployment and translation of the concepts and ideas of a number of Western thinkers, several of which played a pivotal role in the assault on the ideological foundations of Soviet-style communism in the 1950s and 1960s. It then moves to show how this network of intellectuals and politicos following the election of Mohammad Khatami to the presidency in May 1997 sought to disseminate their ideas at the popular level by means of the press and numerous party and political periodicals, and thereby achieve ideological and political hegemony. The thesis proceeds to demonstrate the intimate connection between the project of ‘religious intellectualism’ and elite-defined notions of ‘democracy’, ‘electoral participation’, ‘reform’ and ‘political development’ as part of an effort to accumulate symbolic capital and assert their intellectual and moral leadership of the polity.