Keywords : Islamic jurisprudence


Talal jasim humade

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 255-275

The issue of compensation for damages dealt with in Islamic jurisprudence and general international law needs to delve into and contemplate both subjects, and we have seen that Islamic jurisprudence has paid great attention to matters of compensation and the imposition of tort liability, whether on the private or public level, based on what was stated by the Noble Qur’an and the Prophet’s Sunnah. As for general international law, it relied on jurisprudential theories and statutory laws in the field of imposing international responsibility on those who caused harm from among the public international law persons or individuals who belong to these persons. The subjects of compensation varied from time to time and caused the loss of the rights of others at the international level as a result of misuse. And the application and global control of the major powers over the executive body represented by the UN Security Council, which follows the United Nations


Habib Idris Al-Mazouri; aysar Essam Daoud

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 1-53

Replacement is a process of exchange, in which each of the two exchanges gives in exchange for what the other party takes. And the replacement of abstract financial rights is through sale, rent and omission (assignment). The essence of these rights is jurisdiction, that is, it is a privilege that is restricted to its owner and not others. The abstract rights that have become to them in the contemporary custom of significant material benefit, and the custom has been replaced by them, are considered funds, and it is not permissible to violate them. The rights that we mentioned in the topic of the research are presented, for example; Because they vary with time and place, abstract rights may appear in the near future that were not known now.In order for it to be permissible for abstract financial rights, the following conditions must be met: * That the rights deprived of the rights of jurisdiction, and not a form of public permissibility. * That the abstract rights are exchangeable. * That abstract rights be fixed immediately. * That the abstract rights are money in which the commercial custom conducts the course of money. * That the abstract rights are inherently fixed for the owner, and were not proven to pay the damage only. * That the abstract rights are transferable from one person to another. * That the abstract rights are described, and do not require ambiguity or ignorance. * That the abstract rights are private rights, not from the rights of God (Glory be to Him). * That the compensation for abstract rights is legitimate, so that the replacement thereof does not result in falling into legal prohibitions such as usury and the like.If the rights in the abstract about the king or have begun to pay for the damage may not be Ea'tiad reported, as a right of pre-emption, though rights alone in the shop, which concerned or was proved, on the face of the land and the link shall be fixed to its owner authenticity may Ea'tiad them as a right-free (instead of Alsergvlah).


Abdel Salam Sabry Mohamed

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 378-409

The issue of (inspection as a means of judicial proof) is an important topic, as Islamic Sharia referred to it. In the law, the Iraqi legislator singled out Chapter VII of the Evidence Law No. 107 of 1979 under the title Inspection (Articles 125-131). In the judiciary, there is no case in which a property or movable property is disputed except in which it is an inspection except for what is rare and through the foregoing the importance of the subject becomes clear, from this point of view I preferred writing on the topic (inspection as a means of judicial evidence between Islamic jurisprudence and Iraqi law).


Hawraa A.Hussein

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue Issue المؤتمر الافتراضی الاول / الجزء الثانی, Pages 178-190

The spread of Corona virus imposes an economic and legal reality that requires keeping pace with the changes that occurred in the course of contracts, the most important of which are international labor contracts and lease contracts, as solutions must be found to restore the contractual balance and raise the damage suffered by the contractors and to achieve the contractual balance. That they were before the contract and contracting according to the new situation or applying the theory of emergency conditions to raise the damage to a reasonable extent. And considering the Corona pandemic as one of the causes affecting contractual obligations, especially its effect on the principle of the contract, the Shari'a of the contractors, that is, the implementation of the contract according to what was contracted for, as the principle of the authority of the will, free will is the source of the binding force of the contract. But this is not absolute, as the justice that granted her the strength of commitment is what allows exceptions to it and discussion of the grounds on which it depends if the principle of the contract is violated, the Sharia of the contractors, and this exception is the Corona pandemic that led to the imbalance of the contractual balance, as a result of the emergency situation, allowing the judge to amend the obligations of the parties to the extent It is reasonable, and we also explained in the scope of the research the concept of the Corona pandemic in Islamic jurisprudence and how to restore the nodal balance.

Guarantee in the commercial transfer and instrument (Comparative study in positive law and Islamic jurisprudence)


Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 1, Pages 49-89

Business transfers and instruments, commercial paper have the status of acceptance and trading in the world of commerce, the two most important commercial paper, the relevant operations of banking institutions and banks, as it can not occur flow regulator business operations without the presence of a favorable climate and the use of means that facilitate the conduct of these behaviors.
The operations commercial nature speed, flexibility, and speed factor imposed on the legislature allocated legal provisions unique to the business; to meet the need for speed, this has placed special provisions of remittances and trade instruments, its objective and formality, guarantees and aging, and these guarantees security, which is the subject of our research and these guarantees increases the confidence in handling remittances and trade instruments and supported by, and that has helped a lot in reducing the risk of carrying cash and was replaced in the meet, and have created an important means of credit among traders and other individuals from the non-merchants.