Volume 7, Issue Issue 26 part 1, Summer 2018

The method of advocacy and dynamics in the thought of Abdel Salam Yassin (Read in the thought of the Moroccan Justice and Charity Group)

Fiktar. R.Alsid; Aubed. A.Abid

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 26 part 1, Pages 1-34

This research tries to study the organizational and propagation thought of ‘ Abul Salam Yassin ’ one of the pioneer of contemporary Islamic work and the founder of justice and charity group ‘ Jamat Al-adel wal Ehsan ’ which considered the most active , effective and popular Islamicgroup in Morocco political life , since 70.th of 20.th century .

Jurisdiction in Litigation Disputes (Sudan Case Study)

Aboaubadi .A.Alkhalifa

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 26 part 1, Pages 35-65

This research investigates the impact and provisions of the responsibility of banks in documentary credits from an applied, comparative, legal jurisprudence perspective. The importance of this issue emanates from the fact that documentary credits has become the main pillar for the international trade. To attain the objectives of this research, the researcher used the objective comparative analytic inductive approach hoping to reach at authentic scientific facts; through tracing concepts and statements to the genuine authors, referencing verses to the respective chapters and authenticating the chain of relevant Prophet traditions based on recognized books of tradition and relating their context in an accurate quoting approach. The research treated the documentary credits in general and the related provisions. Further, it provided the definition for the documentary credits as a legal terminology, in addition to addressing the concept in jurisprudence, beside the conditions and manifestations, as well as the designated rule documentary credits. The results of this research reflected that the written reliance is a written undertaking. This will include all parties and relations between them and their obligations. There is a similarity in the procedures for opening documentary credit in all banks. The banks may take a commission to open documentary credits in the form of a percentage, Only the full credit coverage. The results also indicate that the evidence required in the cases of banks is documentary evidence as banks do not deal with their customers orally. The results of the research are reflected in the recommendation to establish uniform regulations by the Bank of Sudan to regulate all matters relating to documentary credits in accordance with the International Standard Rules and Customs for Documentary Credits. This amendment obliges the banks to comply with the customary rules of dealing and the common general conditions issued by the ICC.

Legal protection against child labor (comparative study)

Muna. Y.Eakho; Safaa. M.Noori

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 26 part 1, Pages 66-112

This study aimed to identify the legal protection against child labor – a study within Iraqi legislation and international conventions , in terms of the size and the factors leading to and forms , and the implications of it .It also aimed to identify how to address them to reduce the dangers in the framework of international legislation and to identify programs and actions taken to address them . we find during the study that the level of working children is increasing and the economic factor is the main cause o child labor , followed by group education and results showed that that many international legislation and Iraqi law governing child labor , but the problem is not to apply many of them, as shown by a number of programs geared toward child labor at the government and private sector . Finally , we put the recommendations , including preventive and which contribute to the reduction of the increased magnitude of the phenomenon and recommendations governing the conditions of working children .

Financial and administrative corruption and lack of a culture of integrity Causes and treatment (legal study)

Fwaz. K.Dhahir

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 26 part 1, Pages 113-148

Corruption in all its forms in general, financial and administrative in particular, is one of the important issues that threaten the administrative and financial systems in most countries of the world, and the developing countries in particular, including Iraq, which has become one of the dilemmas facing the public authorities and regulatory bodies. It is difficult to fight or limit them at least, as this issue is visible in most of the joints of the Iraqi state, and insults the Iraqi citizen because of its negative effects on him, in the form of administrative and financial corruption is the origin, and integrity is the exception, both within the scope of the job or even in the Iraqi society itself, Among the reasons behind this is the absence of a culture of integrity for both the employee and the Iraqi citizen at all levels, which requires stopping the phenomenon and studying it through research and investigation and trying to come up with some effective solutions to reduce financial corruption and administrative.

Electronic recruitment of women under international law

Salwa. A.Maydaan

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 26 part 1, Pages 149-188

The terrorist organizations in their various labels have focused on resorting to the most vulnerable groups, especially women, for the purpose of recruiting them not in the traditional material form, such as schools and mosques, or the exploitation of the needs of those in slums in some cases. Nationally and internationally, but called on these organizations to search for another tool, they took advantage of electronic media tools as a variety of use and cheap, It helps to hide from one side and reach the target groups everywhere in the shortest time. This phenomenon has become a humanitarian catastrophe by all standards, in addition to the international community standing by all its laws and organizations unable to fight or limit it. The international community, especially the countries of the world, will pay a greater price if it does not survive and fight this phenomenon and transnational crime, especially as terrorism spreads in the world quickly with its various tools and mechanisms.

Protecting the public employee's right to promotion

Badar. S.Hamada; Akbal. N.Daroish

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 26 part 1, Pages 189-219

The employee is a person who is obliged to a permanent occupation within the governmental staff. This person is obliged to perform legal and limited duties within his occupation, conversely for these dutiess he deserves some rights including the promotion. The promotion is considered as a motivation for the employee to perform his duties properly, which means promote the employee from one stage into a higher one within the list of employee stages. To employees have this right, some conditions must meet them mentioned by the legislator in the civil service law numberd 24 in 1960 and the governmental employees salaries law and the public sector numbered 22 in 2008 amended . The importance of the promotion right demands some guarantees and what requires to follow the administrative and legal conditions and giving each employee his right of promotion, even if that requires appealing the administrative decision that related to the promotion. There are some reasons that prohibit the employee to be promoted when he received one of the disciplinary punishmwnts for investigation or sending him to a court for more inquires.

The concept of justice in contemporary liberal theory (Study in the Libertarian direction)

Ahsan .A.Alnaaib

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 26 part 1, Pages 220-268

Our research deals with the subject (the concept of justice in contemporary Liberal theory: A study in the Libertarian direction), one of the most critical and fundamental concepts in moral and politics philosophy that ran human thought since ancient times to the present day. As the concept of justice has not made up once, but has seen phases of the tides towards the development and perfection, and took a long history of thinking and meditation and experiences and the development of the concept gradually with the development of political thought and political theories, it interested in thinkers and philosophers as a basic virtue and valuable of the core is its impact on the lives of individuals and groups. Wondering about the best types of life and better able to strengthen political system. And all those efforts formed in the seventieth of the last century, the subject of controversial and widely discussed on the concept of justice as one of the most influential attempt to restore the moral section to a solid political theory (any rethink freedom and equality issues in contemporary societies).

The function of the administrative decision establishing the obligation

Mohammed. S.Alahmad; Haseeb. S.Esmaal

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 26 part 1, Pages 269-318

The essence of our research is to study the ability of administrative decision to establish obligation within the meaning of the jurisprudence of civil law, we found that the administrative decision is a source of obligation in the sense mentioned if it was issued by the discretionary authority of administration. The effect of the administrative decision differs from its concept in the jurisprudence of civil law on its concept in the jurisprudence of administrative law. The limited application of the administrative decision establishing the obligation according to the concept contained in the jurisprudence of civil law does not reduce the role of the administrative decision as source of the obligation, The administrative decision within such limited applications is a general source of obligation, as are other sources of obligation, because the applications of each of the sources of obligation mentioned in civil regulations are limited, and the applications of the administrative decision that creates the obligation are more when compared to some of these sources, such as individual will and gain without a legal reason.