Journal of Kufa legal and political science

The social concept can express two meanings, one specific and the other general. The specific meaning of the social concept is revealed through the use of a set of specific terms by the social researcher in his studies to express the phenomena he is studying, or when he clarifies the mutual relationships between these phenomena. These social concepts are limited verbal symbols that refer to general opinions and ideas that derive the scientific perception of society. This is the specific meaning of the social concept, as the concept defines the issues that fall under it, or defines the relationship between two or more phenomena.

Comparative jurisprudential studies between the famous Islamic schools of thought in general, and between them and legal jurisprudence in particular, are a clear feature of revealing the depth and dimensions of Sharia on the one hand, in addition to the extent to which legal scholars rely on the most important source of their sources in establishing the legal text or theorizing it on the other hand. In a desire to embody such features at the level of application - after some of them have absorbed the discussion of it in a theoretical sense of importance ( ) - the research on the topic (Hiraba between jurisprudential foundations and legal theorizing) came as a model for this, not exclusively, but as an example.

The Iraqi Investment Law No. 13 of 2006, as amended by Law No. 10 of 2010, provides mechanisms to encourage investment in Iraq, represented by granting powers to grant investment licenses to regions and governorates not organized in a region by forming an investment authority in the areas subject to it that grants a license in consultation with the National Investment Authority. It seemed to us, for some time, important to delve into the issue of withdrawing the license or investment license, as we will include its name in the folds of our research, although we, and despite not finding a linguistic difference between the two terms (license and license), the license, as we found in most legislation regulating investment, falls under the concept of authorization that pertains to the transfer of technology to the country requesting investment in a specific industrial field, which constitutes the initial and basic work through which public authorities allow another person, public or private, to manage and invest in the public facility, and the license in this concept is a legal work whose purpose is to authorize the management of a public facility, and in this sense it requires a definition of the granting authority, and I will mention it briefly, because the subject of our research differs from the license that we are about to explain, as it differs The granting authority (for the license) depends on the nature of the facility. If it is national, the government is the authority responsible for granting it. Sometimes we find that granting the license is the responsibility of the legislative authority alone. Therefore, the state, represented by the government and its public institutions such as municipalities, is not responsible for granting the license. For this reason and to achieve the desired accuracy in scientific research, we decided to adopt the term “license” rather than “permit,” although the Iraqi legislator did not differentiate between the two terms and made them appear synonymous in meaning. Due to the scarcity of legal studies on the subject, we faced a scarcity of sources, so we obtained a few that spoke directly about investment in terms of its importance and the extent of its impact on the national economy and the study of economic feasibility and how to identify it through each investment project without finding explanations that clearly guide us on how Arab laws deal with the subject of investment licensing. Therefore, we relied on general sources that we took as a basis for analyzing the texts of Iraqi law. We relied on the group of information that we obtained from the Najaf Investment Commission, which thankfully refused to provide us with documents, and we find an excuse for it in its unwillingness to defame the reputation of investors whose licenses were withdrawn, as they are the subject of the research. Although the title of our research is “withdrawal of the license,” we found it necessary to link the subject of withdrawing the license to its beginning and reason, which is the grant. We found it necessary to know the procedures for granting the license, and to complete the knowledge and research the subject from all sides, it was necessary to know the effects resulting from the withdrawal. The leave, and this is done by dividing the research into three sections. In the first, we will show the procedures for granting the leave, and in the second section, we will show the cases that require withdrawing the investment leave. As for the last section, we will explain the effects resulting from withdrawing the investment leave through a research plan that I will present in succession, and we ask God for success.

The subject of interpreting the law is one of the important and sensitive subjects because the words of legal texts are often not enough alone to understand the ruling of the text and know the scope of its application. Therefore, we find that most legislations indicate that the truth of the ruling contained in the legal text is recognized either through the words of the text or through the content of the text. Through interpretation, those working in the science of law and its application can recognize the limits and scope of the application of the text and the amount and size of the facts for which the legal texts were established in order to solve or organize them. Interpretation, for the above, is to stand on the meaning of the text, determine its area, and know the truth of the ruling contained in the legal rule. This meaning was not taken for granted without controversy and division, as jurisprudence divided interpretation into two sections according to the trends of jurisprudence into a trend that expands its concept and another trend that tries to define it. Jurisprudence also defined the subject of interpretation within the framework of the sources of the written legal rule defined by meaning and scope. Interpretation is considered an important stage that precedes the application of the text because the judiciary works to apply the texts, and this situation requires understanding them and knowing the limits of their application, which means that interpretation always accompanies the process of applying the text and its role does not stop at a state of ambiguity or vagueness.

The holding company is a form of companies that appeared in commercial dealings. Its origin dates back to the end of the nineteenth century in America, and then became known in Europe after the First World War. These companies spread as a means of gathering projects belonging to their subsidiaries within the framework of the holding company that they control, as this company can achieve continuous control over the companies of the group that belong to it. Many legislations have approved the establishment of this type of company. In France, there was a special law for holding companies, despite the lack of a unified model for them, as the benefit from them was more economic than legal, such as companies on the stock exchange. In Syria, the Commercial Law did not stipulate the establishment of the holding company, but Legislative Decree No. (15) was issued on 8/4/1994, which included ratification of the agreement to establish the United Investment Company (a Syrian joint-stock company, a holding company). This alerted the Supreme Investment Council to the need to include Investment Law No. (10) of 1991 in the wheel of development, so it included a draft proposing the addition of some articles related to the organization of these companies to its provisions. In Lebanon, the legislator has established a special system for the holding company in Legislative Decree No. (45) of 1983, which includes twelve articles, through which it has exclusively listed the activities of this company without providing a definition for it. In Jordan, the Companies Law has included the provisions related to this company in Articles (204-208) under the title (Holding Companies). There are many other legislations that have approved this type of company, including Egyptian, Kuwaiti, English, American and other legislations.

Due to the expansion and development of the various tasks of the state and in order to build economic life, the administration resorts to several legal means in implementing these tasks, and among these means are administrative contracts, as the administration often finds itself, for one reason or another, forced to follow the method of friendly and consensual agreement with individuals, companies or legal persons to perform the duties of the administrative function in a way that achieves the public benefit.

Any political society cannot be imagined without a ruling authority that organizes it and sets its rules. This public authority was called sovereignty by ancient French jurisprudence. In the past, European rulers embodied political authority and exercised it as a personal right. However, this confusion did not last long. The armies of Europe were badly defeated in the wars that lasted for three centuries between the Christian West and the Muslim East since the eleventh century. At the time, the victors did not achieve any benefit from their victory, but rather deviated from the policy of the Great Messenger (may God bless him and his family), which since its establishment had placed sovereignty in the hands of the nation and authority restricted in the hands of the ruler, while the defeated benefited greatly from their defeat in their religion and in their worldly life. Rather, their benefit was revealed in that they were liberated and regained their humanity and separated sovereignty from authority, for sovereignty belongs to the state and authority belongs to the ruler. So the French jurist Gustave Loyon said (the more one delves into studying the Arab city, the more new things become clear to him and the horizons expand before him, and it becomes clear to him that the Middle Ages did not know the ancient nations except through the Arabs, and that the universities of the West lived for five hundred years writing from the Arabs, and that the Arabs are the ones who presented Europe with matter, reason and morals, and when one studies what the Arabs did and what they discovered in science, it becomes clear to him that no nation produced what they produced... and if the influence of the Arabs in the West is great, their influence in the East is greater... and the Arabs were the first to teach the world books that agree with freedom of thought and the integrity of religion). By achieving the complete separation between sovereignty and authority, it becomes clear to us that sovereignty has two aspects: