Volume 10, Issue Issue 37 part 2, Spring 2021


REPLACEMENT OF ABSTRACT RIGHTS A COMPARATIVE ANALYTICAL STUDY IN ISLAMIC JURISPRUDENCE AND IRAQI CIVIL LAW

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abstract rights that have become to them in the contemporary custom of significant material benefit, and the custom has been replaced by them, are considered funds, and it is not permissible to violate them.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).

The use of smart weapons in war in accordance with international humanitarian law

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 54-82

The use of smart weapons appeared to be largely and influential in the field of various wars, whether traditional or contemporary, and many questions began to raise themselves about the legality of the use of these weapons and the extent of their compliance with the rules of international humanitarian law and the possibility of its application, whether on the weapons themselves or their users and even the companies that manufacture them, in addition to The extent to which these weapons are able to implement the rules of international humanitarian law by themselves without any human intervention, and what are the difficulties they will face and the possible solutions to them, especially since the development of these weapons is directed towards excluding people from the decision-making process, in contradiction with the fact that the current international humanitarian law seeks to achieve Its goals are to reduce the brutality of wars and bring some humanity to it.

CRIMINAL PROTECTION OF HUMAN DIGNITY IN THE FACE OF BIOLOGY APPLICATIONS (IN THE STUDY OF ANGLO - AMERICAN، FRENCH AND IRAQI LAW)

Yasir Mohammed Abdullah; Ali Abdul Abbas Naeem

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 83-112

Human enjoy a range of rights that can not live without them and that will preserve and maintain the dignity of what makes him live within the community's security and calm and tranquility، so increased great interest among modern societies in this subject، and preoccupied doctrine and the judiciary also in order to provide the necessary protection، and the intervention of the legislature in turn to dedicate this protection at the international and local level، so that ensured that all international charters and conventions and constitutions in most countries of the world and different internal legislation the subject of human rights in general، as an independent human rights acquired by nature، and which can maintain and protect Crum Its not touch and respect for his humanity and also in front of the acceleration of medical developments T-coming days after the last purpose of which reduce the time and exceeded the usual traditional borders، including morality، which constitutes a barrier to skip it sometimes offense law when it constitutes an attack on human dignity

AMERICAN PRESIDENTIAL OF 2020 FUTURE STUDY ELECTORAL COMPETITION TO

Kamal Hussein Adham

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 113-152

The United states of America will testify the presidential election in November the 59 presidential election to choose between the republican candidate Donald trump and his competitor the democratic joe biden. This election come with many crises some of it natural spread corona virus take the united states head . and some the numbers of injures of whole the world . and the accident killed the African American citizen gorge folid and the rise of protests not only inside the united states but all the world and lose interest to participation in the election for the American voters. The republic candidate Donald trump tries by domination the social media in united states .and both candidate pass primary election many states in the country. The present president try to show his economic achievement for his administration to win another new presidential term in contrast his democratic competition try to show the cons of current management policies and the conclusions.

POSSIBLE SCENARIOS FOR THE YEMENI CRISIS IN LIGHT OF REGIONAL AND INTERNATIONAL SITUATIONS

Saad Abdel Qader Hamid

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 153-176

The Political Unrest and military operations occurred during the last decade of the former century and the earlier decade of the current on in which Yemen witnessed unity and the proposed new methodology of rule, unity and self determination as well as multi parties political system as an alternative to the military struggles dominated pre-unity area. The research represents the aggravation of crisis and its influence upon security and settlement. The researcher recommended choosing a new formula for Yemeni unity in order to prevent the country from sliding into civil war, so that the new Yemen will carry out additional tasks in preparing and preparing the political, economic, security, administrative and national conditions to be effective and not cumbersome.

COURT POWER TO BIND LITIGANTS TO SUBMIT A WRITTEN DOCUMENT CONDEMNING THEM ARTICLE 58 OF THE IRAQI EVIDENCE LAW NO. 107 OF 1979

Shahla Muhammad Aziz; Amera Jaafar Shareef

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 177-203

The Proof Law regulates the provisions that are considered one of the most accurate legal issues in all modern legislation, as these provisions occupy great importance in the world of law and the judiciary as one of the most important topics affecting the community movement. In order to make it easier for the right owner to recognize what supports his right, including the evidence and the methods for presenting it to the judiciaryThe evidence is the basis of his life, even the truth of saying that the truth is devoid of its evidence becomes when a dispute is about it and nothing is equal, in spite of that, the court's authority to compel litigants to present a written document condemning him is not absolute but restricted, as there are certain cases that a judge may bind a person by submitting a written document under his hand, if it is not permissible to expand it, and in all these previous cases it is required that the document that the opponent requests to oblige his opponent to present it as a product in the lawsuit. Proof laws must be keen to facilitate proof procedures, and to achieve more positivity and effectiveness of the judge by providing him with more freedom of movement at this important stage of the lawsuit in order not to leave the truth revealed subject to the dueling of the litigants alone, and to ensure the stability of rights and close the door of trick in front of requestors of machination or buffs of procrastination, especially in the current reality in which technology and the internet are prevalent, and the ease of manipulating and misleading evidence, at a time when the evidence is focused on the existence of a legal fact, and it is necessary that the legal incident on which the proof is based should be the basis for the right claimed, so that it would, if proven, to lead to the judge's conviction regarding this right. Where allegations and interests clash, the importance of proof emerges, so if the right holder is able to prove it, he will have it, otherwise the advantage of this right will be lost on him. It has been said that the right, which is abstracted from its evidence when disputing it, in practice, is and nothingness whether because of impossibility to impose its respect on anyone who denies it or disputes about it. Evidence is the lifeblood of truth and the stronghold of benefit in it.

EGYPTIAN REGIONAL ROLE IN THEARABIAN GULF DURING THE ERA OF PRESIDENT ABDEL FATTAH EL-SISI

Rafea Shareef Dhanoon

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 204-234

For more than three decades, the Gulf countries were the main partner for Egypt in the Arab region, and the cooperative nature was the ruling for the nature of Egyptian-Gulf relations, despite the existence of conflict dimensions in some periods, which were limited to the difference over the exercise of the regional role. Egypt has a long political history that can be drawn upon through practices and providing advice, and it has a long tradition in cultural aspects of all kinds and levels, all of which can be presented in exchange for bringing financial resources that contribute to building the economy and creating job opportunities, in addition to the human relations that have accumulated by virtue of Human movements of the Egyptians and the Gulf, which strengthened the position of the Egyptian role in this geographical area of the world. he controversy has escalated in recent years, especially in the press and media circles, over the assumption that the Egyptian regional role will diminish in the Arab circle, and in particular the shrinking area of its presence in the Gulf region. This controversy was not the first of its kind and will not be the last. This controversy escalated at the end of the seventies in what is known as the Arabism of Egypt, and the extent of the existence of a conflict between Egyptian national considerations and national obligations .

THE LEGAL NATURE OF CRIMINAL RECONCILIATION WITHIN THE FRAMEWORK OF IRAQI LEGISLATION

Rabah Sulaiman Khaleefh; Fatma Said Suwaied Rashid

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 235-254

This study deals with explaining the legal nature of criminal reconciliation as a procedural system that arises from a crime. Its purpose is to end the criminal lawsuit that gave rise to it, and to stop the legal procedures arising from that crime. Therefore, it acquires its importance within the framework of legislation and criminal justice, by reducing the burden of the judiciary, with the consequent termination of the general criminal lawsuit arising from the crime subject to reconciliation, through clear and simplified procedures that lead to speedy adjudication without the method of criminal procedures. In this regard, the problem of the study lies, through researching the legal nature of this procedure, especially in light of the ideas and visions presented in this context, in order to come up with a legal vision that is compatible with this procedural system. The researcher used the historical method in studying and extrapolating the legal principles and rules in order to establish them historically and philosophically, using the analytical method in order to analyze the texts, rules and opinions that have been deduced from the nature of this procedure One of the most important findings of this study was that the nature of criminal reconciliation does not deviate from the fact that it is a procedural system that is based only on the occasion of committing the crime with the aim of stopping the legal procedures arising from that crime, by ending the criminal lawsuit that has arisen from it, and that only by the agreement of its parties and in the cases that It is determined by the law, equally with or without compensation, as it is thus a procedural system that combines with it some characteristics of the contract along with some features and characteristics of the penalty.

COMPENSATION FOR DAMAGES IN ISLAMIC JURISPRUDENCE AND PUBLIC INTERNATIONAL LAW

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

THE LEGAL AUTHENTICITY OF ELECTRONIC BONDS

Salah Allaw Mohammed; Ahmed Sabah Ghadeer

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 277-305

In light of information and communication revolution and the emergence of computer-mail that went all aspects of daily life in various countries around the world, it has required these developments at the level of e-commerce and electronic transactions, development and modernization of legislation in order to fit in with these developments, and find legal provisions to ensure take advantage of modern technical means in the conclusion of commercial transactions, where dealing Ag-mail problem authoritative and legal electronic bonds, and as a result, some countries have introduced legislation to legalize the probative value of those bonds or editors Alaketronah.olhma and found that the issue of research on this subject matters Almanmh.omma increases Ahmathaho nature of the physical extracts e-paid legal rules that used to deal with everything material For this research we dealt with in this subject through the definition of electronic bonds and statement terms and conditions, including the position of the Iraqi legislature, which it deemed authoritative authoritative bond equal to the regular proof.

LEGAL REGULATION TO CORNER THE DAMAGE IN OBJECTIVE LIABILITY

Wisam Abed Mohamed Daher

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 306-332

After the development of life and the upgrading of its facilities towards modern industry and the economic revolution and the spread of damage to the working class, as well as the war conditions suffered by Iraq after 2003, it cast a shadow over the difficulty of obtaining compensation for the cause of the error and the impossibility of proving it despite the availability of the element of damage, which became the traditional civil responsibility unable to cover the judicial disputes and the realization of the right, which made the jurisprudence and legislation go to seek a new responsibility called objectivity and from this point of view the researcher sought the legal system that organized According to the legislator, the law is based on the framework of civil law and the researcher divided this study into two topics, the first was entitled The Definition of The Pillar of Damage in Objective Responsibility and the second conditions of harm in objective responsibility and the researcher found that the definition of harm is assault or harm to the human being from his financial rights or the safety of his body or his passion or honor. The researcher also found that the legislator had organized the element of damage in objective responsibility under the provisions of the Civil Law and was based on the responsibility of the subordinate for the actions followed as well in other topics that the reader will find and that the damage in objective responsibility is two types literary and material and then ended his study with a conclusion that included conclusions and recommendations that were the most prominent conclusions.-1 The right to compensate for the moral damage in the objective responsibility is difficult to estimate due to many considerations, including that the passion is not valued by money as well, reputation is not material things that we find similar or priced in the market.As well as one of the most important recommendations reached by the researcher 2- We recommend that the Iraqi legislator include the inclusion of articles "202 and "203" in one text, which is as follows: "Any act of harm to the soul, such as killing, wounding, beating or any other kind of abuse, is required to compensate the injured and those who are upon them, whether the injured person dies or is incapacitated.

THE ROLE OF THE POLICE IN EVALUATING HUMAN BEHAVIOR TOWARDS RESISTING ENVIRONMENTAL POLLUTION

Asmaa Amer Abdullah

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 333-356

Environmental pollution has become an issue of concern to all countries of the world, after its high rates of proliferation, which coincide with the degree of technological and industrial development until the return to the virgin environment has become a distant dream, and international attention is focused on reducing high rates of pollution.Therefore, cooperation between state agencies to protect the environment and reduce pollution rates was a national issue.The police play a vital role in protecting the environment from pollution, which falls within its traditional function as one of the administrative control bodies charged with maintaining public order with its three components: public security, public health and public tranquility.

MEANS OF PROTECTING THE WEAK PARTY IN THE CONTRACT

Maha Ramzi Muhammad Ali Haj Younis

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 357-377

The emergence of the idea of the weak party in the contract, that is, in the contractual bond, its protection became a concern not for the legislator alone, but for the judiciary and jurisprudence alike. Accordingly, the contract is no longer the law of the contracting parties, but rather a general contractual system has been established that is growing steadily and characterized by the nature of protection as it aims to protect one of the contracting Against the other contracting party, whether at the conclusion of the contract or its implementation, and it can be said that the contract is the Sharia of the two contractors, that is, their law binds them together, so they control it and submit to its rules on an equal footing without there being any distinction between the two parties. This was the principle that the legislator or judge may not intervene within the scope of the contract to support anyone The two parties are against the other, in breach of the due equality between them. Nevertheless, there are important considerations that pushed the legislator and the judiciary not to adhere to this legal equality, as it is not based on actual equality between persons, and then the legislative and judicial intervention increased to advocate for one of the two contracting parties and protect him as a weak party in the nodal bond.

INSPECTION AS A MEANS OF JUDICIAL PROOF - A COMPARATIVE ANALYTICAL STUDY BETWEEN ISLAMIC JURISPRUDENCE AND IRAQI LAW -

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).

COLLECTIVE CIVIL LIABILITY “ANALYTICAL AND COMPARATIVE STUDY” (QUOTED)

Omed Sabah Othman; Mukrian Aziz Muhammed

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 410-456

Collective Civil Liability, is a system for establishing Liability on a group of people or individuals without being able to establish the causal link in the normal way between the act that caused the damage and the damage that happened to the Plaintiff, and in which he is not even able to identify the person caused the damage to him. The system of Collective Civil Liability consists of four types, and they are: “Market Share Liability, Alternative Liability, Enterprise Liability, Civil Conspiracy”, and the legislation in the Latin school in general included Arab countries legislation has cleared of The provisions of the Collective Civil Liability system in its laws, despite its importance in light of the scientific and technological development in our day, which facilitates the loss of the person causing the damage and consequently the inability to be appointed by the aggrieved party, especially in the area of Consumer Protection Law and Product Liability Law, which led to the loss of the right of many of those affected and prevented them from obtaining fair compensation for the harm they sustained, Collective Civil Liability system, is a solution to this problem, and consequently, the Plaintiff gets appropriate compensation for the damage he has suffered. The United States of America was the mother country of this system, but it nonetheless dispersed in the judiciary, jurisprudence and legislation on Collective Civil Liability, as they did not unify their rules and provisions, nor did they apply the four types in the courts of the United States of America, due to the fact that the United States of America is following the Anglo-Saxons school, whose laws are based on case law, so we see that the courts were divided in the application of the type it deems appropriate of the four types. It may come to mind that this system is like some systems of Civil Liability in the Latin school, such as Joint and Several Liability, but it is distinguished from them in several respects, and we already talked about them in the research.

THE CRIME OF ASSAULT ON THE RIGHT TO THE IMAGE BY CAPTURING, RECORDING, OR TRANSFERRING THE IMAGE(Quoted)

Talal Abdul Hussain; Isra Younes Hadi

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 457-493

The image of a person represents the apparent form of his soul inherent in his body, as it is a reflection of his physical and moral personality, so if any assault on it is considered an assault on the privacy of a person and his private life, and thus problems arise related to the assault on the image of the person, that is, the attack on the right to the image, and accordingly The criminal legislation criminalized the violation of the right to the photo and arranged a criminal penalty for anyone who took, registered, or transferred the personal photo and published it.The right to photograph allows a person to prevent others from drawing or photographing him in any way without explicit or implicit permission, and then he has the right to object to the publication of his image by any means. Accordingly, we will divide our discussion into two requirements. In the first, we dealt with the elements of the crime of capturing, recording or transmitting images. As for the second request, we dealt with the punishment for this crime.

THE ROLE OF THE JUDICIAL PRESUMPTION IN CRIMINAL EVIDENCE (QUOTED)

Muhammad Sabah Saeed; Ifraze Mustafa Taha

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 494-537

Judicial evidence is of great importance in criminal proof, because the truth cannot be achieved without it. It has great value in evidence in terms of strengthening other evidence on which the judge relies to form his conviction, but it is often the criterion by which the judge balances between the different evidence and assesses the evidence In front of him in order to reach a just judgment.In view of the absence of the legal context exclusively in the penal legislation, it is therefore an indirect but sufficient evidence to form the judge's conviction regarding the incident presented to him, so it was necessary to address this issue and shed light on all its aspects to determine its nature and its role in the criminal evidence.

THE ROLE OF SOCIAL MEDIA SITES IN FORMING THE YOUTH ATTITUDES TOWARDS POLITICAL PARTICIPATION IN IRAQ

Turki Hassan Najm

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 538-567

The research aims to identify the role of social networking sites (Facebook, Twitter and YouTube) in enhancing the trends of political participation among Iraqi youth through a field study on a sample of Iraqi university youth, the media survey method was used for a regular random sample of (150) for Kirkuk University students، In order to find out the most important issues that related to the nature of these trends and to know the reasons for using and sharing or abstaining from them, and studying its role in strengthening the trends of political participation, especially after the end of the war battles, the emancipation of the city of Mosul and the announcement of the military victory of Iraq against the terrorist organization ISIS, holding of the Iraqi parliamentary elections that led to the formation of a new Iraqi government that headed by Dr. Adel Abdul Mahdi. The study relied on the special descriptive approach to research media phenomena using the field study method for a sample of Iraqi youth and the methodological comparison method, where the study relied in its theoretical framework on the theory of the public domain and the study came out with a number of results and recommendations which revealed the following:1-The search results showed that Facebook came in the forefront of social media sites in terms of usage by 86%, followed by YouTube with 7.3% and Twitter site with 6.6%.2-It revealed that social media sites contribute to provide information on political issues at a rate of 88.6%.3-It showed that the (Facebook) website is concerned with the role of social media in deciding political participation or abstention with a ratio of 83.3%, followed by (Twitter) with a percentage of 12.6%, then (YouTube) with a rate of 4%.4-Finally, it confirmed the contribution of social media sites to presenting political issues and issues that are not raised by traditional media by 77.4%.

Criminal confrontation with electronic blackmail

Zainab Mahmoud Hussein

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 568-597

"The world has become a small village at the present time where all people can buy, sell and obtain all the information and data in a fraction of a second. However, as a result of this rapid technology, there are people trying to adapt this technology to their bad purposes in achieving cheap goals and an environment that works on financial and moral blackmail. Consequently, these actions cause harm to the entity and stability of society, as these behaviors work on the negative impact of all social, economic and moral aspects, and given the importance of the issue in our Iraqi society where the phenomenon of extortion began to spread, we will discuss in this research the definition of that phenomenon and its clarification in terms of adopting the causes and methods Its prevalence and the resulting psychological and social effects. At the end of the research, the results are discussed with some recommendations.

FEASIBLE PRECAUTIONS: A LEGAL STUDY IN THE STABLE AND VARIABLE CONCEPT UNDER THE INTERNATIONAL HUMANITARIAN LAW

Ahmed Abis Nehme Al-Fatlawi; Khaled Matar Al-Tamimi; Maytham Jawad Ali Al-Tamimi

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 598-629

Undoubtedly during the hostilities, whether in International or non-International armed conflicts, may be accompanied by many violations against the civilian population or civilian objects.In this regard, it necessary to have controls that govern the behavior of combatants, and enforce restrictions or prohibit certain methods and means of combat within the provisions of IHL.This article will examine the concept of Feasible Precautions if is stable and clear or needs scrutiny and proof? Also, the article will examine the nature of these precautions, are they of one nature, or multiple? Finally, the article will search for the main elements of those precautions.Regarding with answer these issues, the article will be dividing into two sections as follows:The first section: the concept and nature of feasible precautions.