Iraqi lawyer says traffic fine doubling rule may breach constitution

BAGHDAD, Iraq — A legal expert, Hayder Anis, has argued that an Iraqi law doubling traffic fines not paid within 30 days may be unconstitutional, framing the issue as one of proportionality rather than the original sanction itself. Anis pointed to Article 8 of the 2019 Traffic Law, which allows unpaid fines to be increased twofold after the 30-day payment window. He said a fine completes its punitive function once imposed, and that adding the surcharge after the fact raises questions of compatibility with the principle of proportionality in the constitution. He also noted that Iraqi rules on the recovery of state debts do not generally allow the principal amount to be doubled for late payment, and argued the traffic law provision should be examined separately from those general rules. Anis added that the constitution's Article 2 designates Islam as the state religion and a primary source of legislation, and said whether the post-imposition surcharge amounts to interest under Islamic law should also be examined. Anis emphasized that the issue lies not in the imposition of the fine itself but in the increase triggered by non-payment, and called for the matter to be reviewed in constitutional, legal and jurisprudential detail.