Volume 8, Issue issue 29 part 2, Spring 2019


The problematic of some (Fiqh) concepts in the thought of contemporary Islamic movements (Al-salafya Al-Jehdya, as sample)

Fakart .R. Al-syied

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 2, Pages 1-22

This researh deals with some "Fiqg" concepts, like as: Al-jama, Al-jehad, Al-jahiliya which in terpreted by Al-salafya Al-jehdya according to their strit vicws, which goes against the views of common Islamic scholars, thinkers, whobe laieve in Quran and sunh and Al-jema .

The impact of migration on crime and its impact on the private sector in Iraq

Adam. S . Al Ghurair; Khaled . S.Thunoon

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 2, Pages 23-56

Migration as a social phenomenon that causing crime has multiple expressive terms, which describe it as displacement, deportation, and asylum. It reflects the state of transfer caused from one place to another, and one of the reasons of committing crimes and influences in increasing its indications on the communities of the displaced or the host cities, and its impact on crime as one of its causes. A significant reflection on the labor market (the private sector), the migrants who leave their places areas of residence due to migration will no doubt lose their own work in their areas, because the nature of craftwork and muscle and agricultural work belong to the foundations, be in the establishment areas, workplaces, supplies, materials, business as well as affected by the sudden migration, which cause to leave work shops and stores of materials and go to new areas without benefit. If there are legislations in the country regulating the integration of the single labor market, and the use of labor in the new market and the migration has resulted in this significant impact, and with it can avoid the remaining numbers without work subsidization guarantees until a new opportunity to work, guaranteed by an integrated economy working according to a national strategy.

Personal consideration in contracting

Hilan. A. Ahmed

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 2, Pages 57-83

The basic rule in civil contracts is that it does not build on the basis of personal motives, but on the basis of the realization of direct and indirect purposes that are aimed at civil dealing in various civil contracts, regardless of the parties that are dealt with. This is the basis, but in commercial dealing the situation is deferent because of the nature of commercial dealing, which is builds mainly on trust and sometimes on a strong relationship between dealers. Despite the advanced basis, however, civil dealing sometimes builds on personal considerations that are considered by one of the contractors and may be the main motive driving the contract. In view of the wide scope of these considerations in contracting, we found that there is a need to search on considerations which it leave impact on the contract in the civil dealing and some commercial transactions, in addition short review on the position of some European legislation.

Turkish water projects and their impact on Iraqi - Turkish relations

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 2, Pages 84-115

The water crisis in the Tigris and Euphrates is typical of the water crisis in the Middle East at the end of the 20th century. Turkey as a state of origin has a distinct and strategic geography and has full control over the two rivers in the face of my country. Syria and Iraq, The Tigris and Euphrates are considered international rivers according to the provisions of international law, as their basin passes through the territories of different countries. And the fact that these countries are trying to extend its sovereignty over water, it is this situation brings together analysts that the Tigris and Euphrates rivers are characteristic of international rivers that may be causing future wars because of poor distribution of water. This theme has been of great importance in the various meetings and meetings held between the three countries in recent decades. As Turkey refused to implement the agreements on international rivers, the water issue has shifted from a cause of joint cooperation to a disputed issue. Turkish projects consume about 26 billion of the total water resources of the Euphrates River. Accordingly, the water resource is reduced by 25% of the current resource rate reaching Iraq from the Euphrates. As for the Ailso dam, which is considered the most dangerous to Iraq being the closest to the Iraqi border, which will work on another meter cubic meter of water that feeds the Tigris River from Turkish territory. Therefore, the shortage of water and drought of the Iraqi rivers because of water cuts by Turkey and Iran, which will increase the lack of water in Iraq, especially in terms of agriculture, as Iraq will be the largest market and the largest for both Turkey and Iran will increase the import of food and agricultural, More than 70% of its needs are fruits and vegetables.

Application of the principle of sovereignty under citizenship And the legal status of foreigners

Mohammed .H.Shouie

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 2, Pages 116-161

The countries are hardly different in their concern to preserve their sovereignty and protect their region and people from external interference, but that concern is affected by political factors, economic and social vary from one country to another. The principle of the rule of the State in the matter of its nationality and the established principles of nationality was reinforced by the principles of the General Assembly, which were adopted by the international community in favor of the State in order to preserve independence and protect the interests. The principle was reinforced by a number of international treaties and judicial decisions, including the decisions of the International Court of Justice Countries.The importance of the subject stems from its relevance to the rights and duties of individuals and the state's sovereignty. The nationality of the adult role in the legal status of the inhabitants of the territory of the state that nationality is a legal, political and spiritual link between the individual state. This association has the effects of rights and duties. These rights and duties differ according to the legal status of the person as a national or a foreigner. The granting of nationality and the legal status of foreigners is a matter of sovereignty, so care must be taken in drafting these laws.The purpose of the research is to state the authority of the state and the scope of its sovereignty in launching or determining its hand in enforcing its laws on its inhabitants, and the extent to which that authority has been subject to international obligations, whether international conventions or treaties which the state has committed itself to. Of its population, including foreigners, by determining the legal status of each person. And to indicate the restrictions affecting the Sultan and the extent of its commitment.

Reading in the most international and regional positions towards the revolutions of Arab change

Ban.Gh .Al-Sayegh; Dalia. A. Shit

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 2, Pages 162-200

The revolutions of Arab change have influenced the positions of all international and regional players. The reason for this is that the Middle East region, where revolutions broke out, is the arena for competition between the international and regional powers. The interests of the major powers, especially oil and the protection of economic interests, are of strategic importance to the United States. And the European countries, while sectarian polarization plays a priority in building the positions of regional countries, led by Turkey and Iran.The United States accepted the idea of the rise of the Islamists to power as long as the tendency of these movements to open, while we find that Russia remained cautious of its positions and found the revolutions of change several reservations for fear of changes not compatible with the ambitions of anti-US policy, Towards the revolutions and towards the region in general, it is based on competition and the protection of national interests of each, which foreshadows a new Cold War on the part of Turkey or Iran on the one hand and the United States on the other, and Aleppo Arab countries.As for the position of the EU countries, the European countries will continue to monitor closely after the change to determine their positions within the circle of European economic interests. They are not interested in the type of regime and the effects of change as much as the interlocking interests that will be produced by the post-change phase.

Essence the elements of international crime

Saad .A. Al Basheer

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 2, Pages 201-229

In this study, the light is shaded upon the emergence of international crimes. It also peruses the international concerns of these crimes and upon the done work by the international community as part of the suffering alleviating endeavor that engulfed the human being because of many ugly crimes against the populations. This issue particularly concerns the first and the second world wars and the following civil and ethnic crimes. It also resulted from the deadly and still-live suffering discriminations policies. in addition to, the civil wars that committed in the name of religions against the innocent citizens in every corner and place in this simple world. In this article, we innocent citizens in every corner and place in this simple world . in this article, we work on historical peruse regarding the core of the crime and displaying some attempts, conferences and agreements which led to establish international courts to put into try the war's criminals as it experienced in the time of the first world war and other courts established after the end of the second world war .

Principle of proportionality as a criterion for the process of restricting constitutional rights

Essam .S. Abdul Obeidi

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 2, Pages 230-271

The proportionality, is a general principle of constitutional law and has a necessary connect in protecting the constitutional rights of the violation, the resort legislature to restrict these rights in the public interest, especially if we know that the legislature has discretionary authority to regulate the rights and freedoms, and that this power must be subjected to a legal limit ruled so as not to turn to the arbitrary power to confiscate constitutional rights, and that the constitutional judge control of proportionality undoubtedly help to draw objective limis of the restrictions and proposed solutions on the part of the legislator investigating the desired objective, And that this control extends to observe the proportionality between the subject (restrict or the means or solution) and purpose (public interest) only and does not extend to control of proportionality between the subject of legislation and its political, social or economic causes and motives , and constitutional judge when controlling proportionality does not solve the appreciation Profile appreciated legislator but exercise his discretion substantive control estimate based legislator starting in order to prevent the legislative tyranny on the one hand and protecting the constitutional rights on the other hand as well as it helps to engage in dialogue or debate between the legislator and the judge to build the foundations of constitutional state .

The responsibility of the Central Agency for Standardization and Quality Control for Consumer Protection in Iraqi Law (Comparative analytical study)

Amid. S.Othman; Salman. S.Sharif

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 2, Pages 272-341

The purpose of this study is to seek for the in charge for compensation of consumer, away of the traditional responsible like the producer or seller, distributor or importer or exporter, by inserting one of the censorship systems in the corner of civil responsibility towards the consumer, and because of the plenty censorship systems in Iraq, we chose the Central Organization for Standardization and Quality Control، and to prove it we dealt with the main powers of the organization including issuing specifications, committees of inspection and a certificate of conformity, certificate of calibration, a sign of quality and marking of jewelry, and it became clear to us that all the powers except issuing specification is conformity of product and service with their own specification, and thus the error in the evaluation of conformity of product with the specification probably resulting in damage to the consumer, and thus promote the civil responsibility for the organization.While the organization as any moral person exercising its own powers through a set of followers, the error of its followers followed by the responsibility of organization, but the responsibility of the organization in Iraqi law is not original, but dependency, it is considered a bridge cross the responsibility to the doer who settles it responsibility, and on this organization is considered as a guarantor forced guarantee imposed by law with giving him the right to returning whatever to pay, to the original responsible (follower) that settles it responsibility.Since the Possibilities of the organization are limited to the exercising of all powers, it has resorted to the adoption of the screening program before delivery, by contracting with a checker specialized companies, and according to the approved contract, these companies making conformity of commodities to be imported with the Iraqi standard in a origin country, And the effect of conformity evaluation results conformity certificate will be given to the imported commodity, and the error in the conformity followed by a damage for the Iraqi consumer and thus will be imposed the responsibility of consumers compensation of damages they sustained .

Combating terrorism and the human right to privacy

Adnan .A. Rasheed; Kawa .Yassin

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 2, Pages 342-397

Terrorism is a scourge that afflicts human society as a whole، the reason terrorism does not distinguish between people، and no except those who carry the idea and achieve its goals. The damage caused by terrorism is no longer limited to others، but terrorism is threatening everyone the reason of its direct and indirect negative influence. Also، in the midst of the fight against terrorism، one must not forget the important aspect of these matters، namely، that such a struggle should not be at the expense of human rights، and of course، between those rights: the human right to privacy. Counterterrorism operations violate the human right to privacy، this will be in the interests of terrorists، of course، and the reason terrorism works mainly against human rights. It is necessary to find a balance between the fight against terrorism on the one hand، and the protection of the human right to privacy on the other، the reason the protection of human rights must be the first of the highest before thinking about how to fight terrorism. If there are cases that require a choice between combating terrorism With the violation of the right to privacy، or not to face terrorism protection of the right to privacy، no doubt must choose the side of the protection of the right to privacy and to deter terrorism in a manner that does not lead to injury to the human right to privacy. In this study، we will try to fiad how to combat terrorism without prejudice to the protection of the human right to privacy. The choice of the title of the research is to link the fight against terrorism with the protection of the right to privacy، the reason that is the closest human rights affected by counterterrorism operations are the right to privacy in the early stages of Search for terrorists and distinguish innocent from them from the real terrorist.

State in Marriage (Comparative study between Islamic law and law)

Nashwan .Z.Sleman

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 2, Pages 398-446

Guardianship is one of the matters found to seceure woman’s rights and dignity rather than to be in control of her or humiliate her after she has been keep away from men’s gatherings and privacy the purpose of which is known by the legislature, since a woman’s mingling with men’s gatherings leads to loss of her dignity and her degradation . Therefore‚ guardianship is imposed on her to protect her from what harms her or her feeling .though it was knoun to Arabs before the coming of Islam‚ Islamic law and then some legislators of personal status law regulated guardianship and changed it from a guardianship of despotism seeking to be in control of a woman and her desting in that she is deprived of being married to whom she is suitable to a guardianship of recommendation and desirability for her aftaer that Islam protects her and gives her the status she deserves and forbids the suitable to save in narrow limits for her interest .Moreover‚ it permits her ro resort to the sultan as called by muslim jurists or judge as called by law-makers to do justice with her and the sultan or judge himself undertakes the task of marrying her