Journal of Kufa legal and political science

If war is a human phenomenon, what does humanizing it mean except reducing the losses in lives and money by refining the methods and means of war by refraining from using what would cause unnecessary suffering and pain to combatants and non-combatants in order to destroy the enemy's war effort only. However, technical progress has pushed the latest lethal and destructive machines to the battlefields to inflict the most severe military blows on the enemy. So what remains of humanization except for it to be a philosophical issue? Humanization is considered a Christian dream, as Christ  viewed it as a conceptual issue by saying "My kingdom is not on this earth", and Christianity viewed the relations between human beings from a moral perspective that rejects violence even if it was to respond to violence, and this is inconsistent with the reality based on conflicting interests between individuals to the point that violence is a means of resolving this conflict, and this is the source of wars, which are armed reactions that cannot be controlled. Christians refused to perform military service in Rome, which led Nero to burn their bodies alive in 64 AD. Rome did not embrace Christianity until the end of the reign of Emperor Constantine, around 337 AD. In response to the empire’s need to expand at the expense of its neighbors, Saint Augustine instituted just war (Jus fetiale) to respond to the unjust war of others.

Most constitutions recognize the right of the head of state to appoint the prime minister. This method of appointment varies depending on the political system applied by the state, in addition to some factors affecting the nature of the system of government, especially the development of general constitutional rules and principles in the field of the relationship between the legislative and executive authorities. The power of the head of state to choose the prime minister may be broad and important in some constitutions, even going beyond the constitutional provisions. However, this power is weak and turns into a formal power, when the parliament or the electoral body is entrusted with the power to actually choose the prime minister, such that the role of the head of state is limited to issuing the appointment decree.
This study reveals to us one of the most basic and dangerous powers of the head of state, which undoubtedly contributes to determining the role that the latter occupies in the political system of the country. In addition, the exercise of this power often results in multiple problems, especially when the issue of appointing the prime minister is subject to the president's private policy or his personal and partisan opinions and assessments, which results in political crises that sweep the country due to the selection of a prime minister who does not enjoy the support of the parliamentary majority. Sometimes crises and their consequences occur due to pressure on the head of state and forcing him to name a prime minister he does not want to name, so the appointment is made without his conviction and his appointment of the prime minister is nothing more than avoiding a crisis that may occur, at a time when it requires a necessary agreement between the head of state and the prime minister, and their lack of cooperation and understanding hinders the work of the system.
In addition, the power to appoint may generate different points of view between the head of state and the parliamentary majority regarding the selection of the prime minister, which may lead to a violation of the constitution and then an apology or delay in forming the government, and all of this leads to harm to the interests of the nation. Also, the extent of the head of state’s power to choose the prime minister, if it is subject to constitutional texts, we have the right to question the real power according to the political reality. There is a big difference in this regard between the system defined by the constitution for the state and the system actually applied. This is the case in quite a few countries. Accordingly, the head of state’s power to appoint determines the reality of the executive duality, as this power sometimes embodies the subordination of the prime minister to the president as a tool for implementing presidential policy, and thus the president appears as if he is the sole master in choosing the prime minister. Sometimes the power of appointment reflects the independence of the Prime Minister from the President of the State to some extent and the executive duality appears clearly, and here the President of the State has only an organizing or arbitration role as the constitutions say, while the government manages the general policy of the State, and then the President has only a formal power to appoint with some reservations that the President's power to appoint may transform from a formal power to an actual one, so that it seems that the President of the State plays the role of the influencer in appointing the Prime Minister outside the constitutional texts and indirectly through the blocs that represent the President in Parliament or the nature of other parliamentary blocs in addition to the ministerial crises that sometimes occur in some countries and the internal divisions of the parties may support the President of the State to play a political role that the constitution did not stipulate in this regard.
Accordingly, the research revolves around the scope of the President of the State's power to appoint the Prime Minister and the positions of the constitutions of the countries towards it. Based on that, the research can be divided into two chapters:
Chapter One: The constitutional right to appoint the Prime Minister.
Chapter Two: The President of the State's exercise of the right to appoint the Prime Minister.

The wisdom of Sharia has decreed that divorce should be in the hands of the husband, however, its justice has required that the wife be granted the right to demand divorce in a situation where her dignity and right no longer exist, and it has obliged the judge to respond to her request in such a situation, and due to the importance of separation in organizing human life and standing in the face of those who try to abuse their right in the name of guardianship, and neglecting to perform the rights of women. This was the reason for choosing this research, and to stand on the justice of Islamic Sharia, and its accuracy and depth in systems and organization.
It is an attempt to stand on the statement of the opinions of Islamic sects, and their evidence in the ruling on separation between spouses, and to start from it in stating the closest to reality, with the complete need today to support civil law with Sharia rulings and not to be drawn into Western laws.
I did not find within the limits of my limited follow-up anyone who addressed the research on separation between spouses when its topic was achieved and at the level of Sharia studies in a way that combines Islamic sects compared to legal studies, despite the fact that most of the previous studies were at the level of legal research only; Because the scope of consideration is given to the judge according to his consideration with the flexibility of his legislation, and this is somewhat the opposite of Islamic legislation; therefore, there was a kind of reluctance to research such topics, but the need pushes us to research them; because they represent an urgent need, especially with the arbitrariness of men in using their authority and guardianship over women.
The research plan came in an introduction in which we discussed the importance of the research and the reason for choosing the research, and a preface in explaining the meaning of judicial separation, and the difference between separation and divorce, and the research was divided into demands, so the first demand was in explaining separation due to lack of spending, and the second demand was separation due to defects, and in the third demand was separation due to discord or bad treatment, and in the fourth demand was separation in the absence of the husband, and in the fifth demand was separation due to imprisonment, then the conclusion and the most important results reached by the research, followed by a list of sources and references.

Abstract of the research:
This legal study deals with the crime of rape as the most serious sexual crime, and one of the most heinous crimes that violate public morals and ethics, as it constitutes an assault on honor in its worst forms, when the rapist forces the victim to engage in deviant sexual behavior that she did not intend of her own good will, thus confiscating her sexual freedom.
The study was divided into four main sections: The first section deals with the concept of rape by defining rape, and explaining the nature of rape by distinguishing it from other similar sexual crimes. The second section deals with studying the legal structure of the crime of rape, by explaining the elements of the traditional crime, represented by the material element and the moral element in addition to the assumed element in this crime, represented by (the lack of valid consent to intercourse). The third section deals with the punishment for the crime of rape in its simple and aggravated forms. While the fourth and final section deals with the position of the Iraqi legislator on the criminal lawsuit for the crime of rape, which requires addressing the case of stopping the initiation of the criminal lawsuit and investigating it and stopping the implementation of the judgment issued therein, and then standing on the cases of resuming the criminal lawsuit and implementing the judgment issued therein. Then the conclusions that were reached from this study, and the proposals and recommendations as a conclusion to the subject of the study.
Abstract:
This study addresses the legal crime of rape as the most serious sexual offenses, and one of the most heinous crimes against decency and public morals, being an attack on the show in its worst form, when the victim hates a rapist on the behavior of a sexual deviant, does not go to the right will, so Faisadr sexual freedom.
The study was divided into four basic SSI: the first part, deals with the concept of rape within the definition of rape, and the statement's rape, by distinguishing it from other sexual offenses similar to it. The second topic deals with the study of legal architecture of the crime of rape, through the elements of conventional crime, represented by element material and the mental element in addition to the supposed pillar of this crime and of (the lack of satisfaction right Bmoaqap). The third part deals with punishment for the crime of anecdotal rape simple and strict. While the fourth topic deals with and the last position of the Iraqi legislation of the criminal case for the crime of rape, which requires addressing the case of suspension of the lawsuit and criminal investigation and stop the execution of the sentence given, and then stand on the resumption of traffic cases in the criminal case and the implementation of the sentence given. Then the conclusions that were drawn from this study, and suggestions and recommendations as a conclusion of the topic under study

The roots of the (Israeli) presence in Eritrea go back to the fifties of the twentieth century during the days of Emperor (Hailessie Lasie). Relations between (Israel) and Ethiopia grew and developed after the October 1973 war despite the apparent severing of diplomatic relations.
What explains the continuation of (Israel's) relations with Ethiopia and Eritrea and the right after Eritrea gained its independence is (Israel's) fears of the future establishment of an Arab state near the Bab al-Mandab Strait. Therefore, (Israel) worked hard to distance Eritrea from its Arab surroundings and to achieve the Zionist dream of extending the influence of its entity to the southern part of the Red Sea and establishing the closest relations with Eritrea until it reached, at one stage, the level of an alliance through which (Israel) hoped to form a tripartite axis (Israeli-Eritrean-Ethiopian) to coordinate their future policies in the Red Sea, the Nile Basin and the Horn of Africa.
The Eritrean leadership disavowed the Arab support that was provided to it during the period of armed struggle and allied with the United States of America and (Israel) immediately after independence, as we mentioned earlier, and in this research we will try to shed light on the negative effects of this strategic alliance on Arab and African security and how the main Arab countries interested in stability in the Horn of Africa and the Red Sea deal with this situation.
Eritrea's distancing from its surroundings is a very dangerous matter, especially since its importance to the Arab countries lies in its location on the Red Sea, which was historically an Arab lake. If independent Eritrea chooses to leave its natural vital environment, more than 1,000 kilometers of its beaches on the western coast of the Red Sea will become a haven for all the ambitions that benefit from the continued fragmentation of the Arab homeland.
The Eritrean orientation towards (Israel) contradicts Eritrea's history and its geopolitical position in the strategic range, as such an orientation in the foreseeable future will represent a problem that requires new calculations for the equations of Arab national security.
The Eritrean leadership must realize that its relationship with (Israel) cannot exaggerate its size and cannot change the facts of geography, history and society in the Red Sea.
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Companies emerged as a natural result of the phenomenon of exploiting capital in economic projects, as the company represents the vessel in which large capitals are collected to exploit a specific project. These companies, in general, regardless of their purpose, whether civil or commercial, are not established except with the presence of two or more partners. Therefore, the death or loss of one of the partners may sometimes lead to the expiration of the company and thus may negatively affect the national economy. Therefore, with the economic development that has occurred, the legislator found that there is no harm in forming an economic unit in the form of a company consisting of only one person instead of pushing the sole partner to form fictitious and fictitious companies so that the partners in it are just names mentioned to fulfill the legal form only and these partners do not have any role in the company, as the owner or the main partner is the one who acquires the entire company and we are ultimately faced with commercial businesses and projects that appear to be companies while in reality they are individual projects that have taken the form of companies with the intention of determining the responsibility of the company owner and when this company suffers a loss or is burdened with financial debts, the money of the owner of the other company is safe from being reached by the hands of creditors. Hence, the Iraqi legislator defined two types of companies, which are It consists of one person, the first of which was known before the amendment made to the Iraqi Companies Law, in which the project’s funds overlap with the project owner’s funds, since the liability in it is unlimited and absolute, and which is known as the sole proprietorship company.
As for the second, it was brought about by the amendment of the Companies Law by the order issued by the repealed Coalition Authority No. 64 of 2004 (1), where we have a company consisting of one natural or legal person. However, the liability for the company’s obligations does not extend to the company owner’s funds, since the liability in it is limited, and which is known as the single-person limited company.
However, the Iraqi Companies Law did not allocate an independent legal organization for the single-person limited company, contenting itself with referring in the text of paragraph one of Article Four of the Iraqi Companies Law No. 21 of 1997 to the possibility of forming a limited liability company from one person, as it indicated in paragraph one of Article Eight of the same law that this single person can be natural or legal. It did not address many of the essential matters related to this company from the moment of its establishment, from procedures and registration to its expiration and liquidation.
Accordingly, many questions arise about the suitability of the legal texts contained in the Companies Law related to the establishment, registration, management and organization of companies until the moment of their expiration and liquidation, to organize this type of companies in the absence of an independent legal organization for them?
Therefore, in this research, we will try to determine the legal system of the one-person limited company, by determining the nature of this company, its establishment and activity, as well as its expiration and liquidation.
Therefore, we will divide our research into three sections as follows:
The first section: The nature of the one-person limited company.
The second section: The establishment of the one-person limited company and its activity.
The third section: The expiration and liquidation of the one-person limited company.

Research Summary
The issue of subletting is one of the urgent social issues facing society and the judiciary in Arab countries and Iraq in particular in terms of the problem of the law not keeping pace with commercial and civil customs that have been established as an integral part of the reality of the legal system in Iraq, even if they are not reflected in legislation (positive law), which has shown them in the guise of customs that the contracting parties have been accustomed to following as a solution to the problem of the lack of harmony between the needs of society, which suffers from the problem of increased demand for housing and commercial premises and the scarcity of their supply due to the disruption of the construction and reconstruction process in Iraq due to the circumstances of the war and the policy of the former regime, which led to the creation of judicial interpretations that attempt to restore balance to the two parties to the contract from the economic aspect at least, and awaiting legislative intervention from the House of Representatives to put in place a new law that addresses the current situation in a way that preserves the rights of the third party, especially good faith.