Iraqi law inadequate to tackle online gambling, judges warn

BAGHDAD — Iraqi judges are calling for amendments to the country’s penal code to address the spread of electronic betting and online gambling, warning that legislation dating to 1969 was not designed for the digital age.

Ahmed Maki, chief judge of the Karrada Investigative Court, told the state-owned Al-Qada newspaper that Iraqi Penal Code No. 111 of 1969 criminalizes gambling under Article 389 but focuses on physical venues and does not explicitly address online platforms, virtual services operating outside Iraq or smart applications.

“Gambling is considered one of the crimes of economic sabotage, as it generates profits not subject to state oversight and affects the national economy by withdrawing liquidity through unlawful means,” Maki said, adding that such activity may be linked to money laundering when funds originate from financial corruption, drug trafficking or human trafficking.

Under Article 389, opening or managing a gambling venue carries up to one year in prison and a fine of no more than 1 million dinars. The same penalty applies to those who finance gambling operations, while patrons face up to one month in prison or a fine. The judiciary currently applies these provisions to online cases by invoking the clause covering venues open to the public, though judges acknowledge the approach is a workaround.

Jabbar Hussein, chief judge of the Third Karkh Investigative Court, said Article 4/389 also provides for confiscation of funds and tools used in gambling, with seized assets transferred to the state treasury following a court ruling.

Hussein said the social consequences of gambling addiction include debt accumulation, family breakdown, declining spending on food, education and health care, and in some cases divorce. He said poverty and limited economic opportunity are driving some Iraqis toward online gambling in search of quick income.

Both judges said traditional enforcement measures such as raids and field investigations are ineffective against cross-border online platforms, making legislative reform essential.

Islam, Iraq’s official religion and a foundational source of its legislation under the constitution, explicitly prohibits gambling.