Al-Madarat Scientific Journal for Humanities and Social Sciences

The secrecy in the acts of legislation power is represented into two stages the first is the primary investigation secrecy and the second is the secrecy op the courts sittings , so the secrecy in the primary stage is considered from the public principles which were approved in the most of the contemporary procedural legislations. Because of its secrecy is very important for the individual and the state so in this way it protects the individual from the libels on to him and also from the destroyer bruits to his life until approve his innocence . from other side it performed to make easy the investigation process in order to arrive to the truth easily so the publicness obstructed the proceeding of investigation and so it leads to unaccepted results. While the secrecy of the courts is considered a branch from origin which was admitted in the procedures of the courts it is called the publicness, so the publicness is considered from the substantive origins for the courts and it also consider as a constitutional principle which was not permitted to violate on it , but with the procedural legislations it permit in many ways to deciding the secrecy in the stage of trial and it obliged on another case

The administrative decision is exposed as the administration takes a certain action in order to achieve the public interest. However, the administration’s disclosure of its management must be based on a certain formality in addition to taking certain procedures, which are termed the rules of form and procedures in the administrative decision. Otherwise, saying otherwise means that the administration’s decision will be flawed due to a defect in form or procedure and therefore deserving of cancellation. Not issuing flawed administrative decisions, which pushes the administration to those rules and procedures that may be stipulated by the law, which means that they are familiar to the administration, or that the law does not stipulate them and therefore they are invalid. Binding to the administration

The international community experienced a fundamental change between what it was at the end of World War II and the establishment of the United Nations and its charter, and what it became after the end of the Cold War between the two camps. The organization did not remain outside of this change, especially after the disappearance of the communist camp on which we built the basis of balanced relations in various countries. The organs of the organization, including the Security Council, thus emerged a new basis for power relations within the international community and the international organization. With the disappearance of the forms of suspicion and fear between the two camps that had characterized the work of the Security Council for nearly half a century, new problems emerged that had not existed before, even if they did not require attention. As intense as it has become today. The study reached several results, including the absence of a fixed standard that can be followed when the Security Council adapts the cases presented to it, and whether or not they fall under one of the cases stipulated in Article (39), which has led to duplication in dealing with similar cases

Naturally, the view of the law in particular and society in general towards cosmetic medicine is completely different from their view of general medicine, and the reason is that the former is not based on the principle of therapeutic necessity on which general medicine is based, because it affects the exposure of the human body in an unjustified manner to medical procedures and the risks resulting from them, including medical errors, of course. In this research, we have decided to define cosmetic medicine and the conditions for its permissibility, as well as to research the basis and elements of criminal liability for the cosmetic doctor

Commercial companies are of great importance and play an important role in the economies of countries. However, these companies may be vulnerable to faltering, whether they are companies with large capital or small capital, and they may be unable to achieve the purposes they seek to achieve and stipulated in their contract if they remain in place. Thus, legislation has permitted the process of company transformation, which is a very important mechanism and occupies prominent importance in modern laws as it seeks to maintain legal positions resulting from the company contract. However, this transformation would raise a lot of confusion in its provisions because this transformation is considered a solution in terms of the legal and practical reality, an alternative that achieves the continuity of economic and commercial projects and to avoid falling into the issue of their expiration. We have concluded that the Iraqi legislator had regulated the forced transformation in cases such as: By way of limitation and in clear and compelling texts, However, they are scattered among the legal texts, and it did not address some of the legal procedures to which the process of transforming a commercial company is subject, so we had to suggest that this be addressed because of its great importance in avoiding disputes that may arise during the transformation process

The term “affirmative action” in constitutional rights refers to a concept aimed at achieving social justice by granting additional rights or special protections to certain groups that experience marginalization or injustice, such as minorities, women, and other beneficiaries like the families of martyrs and people with disabilities. Constitutions and specific legislation often prioritize these groups, reflecting the role of affirmative action in several constitutional articles and laws designed to promote balance among different societal groups. For example, the 2005 Iraqi Constitution includes various provisions supporting affirmative action to guarantee the rights of minorities and protect the most vulnerable groups. Affirmative action in Iraq seeks to uphold the principle of equality before the law while acknowledging that some groups require greater protection to ensure their effective participation in public and political life. However, affirmative action in Iraq faces significant challenges in practical implementation due to the complex political, economic, and social circumstances the country endures. The issue lies in understanding the potential future impact on the rights of women and other beneficiaries, such as the families of martyrs and people with disabilities. It also involves assessing how external and regional interventions affect the rights of certain population groups and their implications for constitutional provisions. Maintaining the constitutional principles dedicated to affirmative action as the cornerstone for building a more just and inclusive society remains crucial. In this research, we adopted an analytical and applied methodology, through which we reached several findings. One key conclusion is that affirmative action enhances diversity within institutions, contributing to more balanced and representative decision-making that serves the interests of all citizens. Affirmative action also aims to restore the balance between men and women in professional life, fostering societal culture in all its dimensions.

In this study, I have sought to explain, albeit briefly and comprehensively, some of the contemporary marital problems that negatively affect the stability of the conservative family that believes in Islamic law and the applicable laws, most notably the Personal Status Law No. (188) of the year (1959) as amended, good belief; Because the stronger the connection between heavenly legislation and legislation The situation of the individual and his good behavior, and this is directly reflected in his dealings with his family, will inevitably give the impression of emotional, spiritual, social, financial, religious stability, etc., and these problems that are the subject of study are far from this discussion. For example: If the spouses share the area of rights and duties correctly and fairly. He knew each one of them His role is to improve the guardianship and establish its affairs within the family with great flow and understanding. Likewise, if the spouses were to have a degree of responsibility and awareness in choosing the appropriate life partner well, this would certainly affect accepting and bearing the burdens of marital life, and likewise if one or both of them adhered to knowledge of marital rights and obligations. And what not It violates one of the principles of Islamic law when the husband undertakes polygamy, and so on with the rest of the problems raised in this study

The International Tribunal for the Law of the Sea is the judicial body that is resorted to for the purpose of settling maritime disputes that relate to or arise due to the interpretation or application of the provisions of the United Nations Convention on the Law of the Sea of 1982. The tasks of the Tribunal are limited to resolving maritime disputes as stated in the statute stipulated in Annex VI of this Convention. The Tribunal is not the only judicial means for resolving these disputes, but its specific specialization, the integration of its tools and its experience have made it the court with the optimal jurisdiction to resolve maritime disputes. The Tribunal began its work in 1996 despite the signing of the Convention on the Law of the Sea since 1982, due to its not entering into force or enforcement until 1994. The headquarters of the International Tribunal for the Law of the Sea is in the city of Hamburg in Germany, and it may hold its sessions in any place it deems appropriate or whenever necessary

The study dealt with a theoretical legal preference between private interests worthy of protection on the one hand and public interests affecting everyone on the other side, in the context of dealing with intellectual rights, and that through the legal legislations regulating the case under study, and we simplified the study on two topics that we addressed in the first the definition of the use of rights Intellectual property While we devoted the second to the legal provisions arising from the abuse of intellectual rights. We concluded with a conclusion in which we explained the most important results and proposals

The study addresses the impact of the use of modern weapons on the application and understanding of international humanitarian law, focusing on the legal and humanitarian challenges that arise as a result of this technology. The research aims to understand how weapons based on artificial intelligence and modern technology affect the laws of war, as well as to identify gaps in international laws and local legislation related to the regulation of these weapons. The descriptive analytical approach was used to determine the impact of these weapons. The results showed that modern weapons complicate legal concepts, as they require precise definitions to be applied within international humanitarian law. It also showed that current laws are insufficient and do not cover all dimensions related to the use of modern weapons, which leads to legal loopholes that may be exploited during conflicts. In addition, there is an urgent need to conclude new international agreements related to weapons that rely on modern technologies. These agreements are necessary to ensure the protection of civilians and the environment, as the unregulated use of these weapons may lead to dire humanitarian and environmental consequences

This research aims to reveal the employee's guarantees in administrative investigation and job dismissal in Iraqi law. The research problem crystallized in answering the following question: "What are the employee's guarantees in administrative investigation and job dismissal in Iraqi law?" The research reached several conclusions, the most important of which is that the administrative investigation is a legal tool that aims to achieve a balance between the state's interest in revealing the facts related to the violations attributed to the employee, and protecting the rights of the accused employee by giving him the opportunity to defend himself. It also provides him with several guarantees that ensure justice in disciplinary accountability, and highlights the importance of conditions related to the job position, such as academic qualification, vacant degree, and the validity of the appointment decision by a competent authority. These conditions are no less important than those previously mentioned, as the legislator has given them special attention. If these conditions are not met in whole or in part, the competent authority must take a decision to dismiss the employee

The research \"Criminal Responsibility for Money Laundering\" provides a comprehensive analysis of the phenomenon of money laundering, which is considered a complex challenge requiring international cooperation for its eradication. The research begins by defining the crime, explaining that it involves transforming funds obtained from illegal activities into seemingly legitimate money through a series of complex financial procedures. The importance of combating this crime is highlighted due to its negative impact on financial systems and economic and social development. The research is divided into several sections, with the first discussing the nature of money laundering, including its legal and doctrinal definitions, as well as its three stages: placement, layering, and integration. It also clarifies the legal characteristics of this crime and its relationship with predicate offenses such as drug trafficking and corruption. In the second section, the research addresses the elements of criminal responsibility, emphasizing the importance of the material element that requires tangible actions, the moral element that reflects the perpetrator\'s intention to conceal the source of funds, and the legal element that defines the relevant legislative texts. In conclusion, the research stresses the need to enhance laws and regulations to combat money laundering and underscores the importance of international cooperation in developing effective strategies to protect the financial system from the threats posed by this crime

This research dealt with the issue of demarcating the water borders between Iraq and Iran in the Shatt al-Arab, as it is considered one of the complex and renewable issues, as each time an agreement is reached on the demarcation of the water borders between the two countries and then their approval is waived, so it was necessary to state the basis for demarcating the previous borders of the Algiers Agreement. Which was embodied by the conclusion of many agreements, represented by the Treaty of "Erzurum" between the Persian and Ottoman Empire in 1848 and the protocols recognizing it, then the "conflicts of 1937" followed. All of these agreements were committed to the Iraq contest on the Shatt al-Arab, but the Persian state did not adhere to these agreements, and in "1975" they were concluded in Algeria , which is defined by provisions contrary to previous agreements, contributing to the water border line between the two countries in the middle of the waterways, which sets the border in the Shatt al-Arab equally between the two countries, and it may not be canceled by Iraq and they do not want its provisions, which requires solutions and solutions and for this reason, We thought that through this research, it sheds light on this statement for a long period, as it is applied in its current form with regard to its re-work

Environmental crises have escalated to the point where they pose a serious threat to the entire world. These crises are not limited to one country or one people. Among the negative consequences of these crises is the rise of the phenomenon of (environmental terrorism). Environmental terrorism is based on the use of violence or the threat of using it to achieve environmental goals. Accordingly, many organizations and associations have emerged that have adopted the idea of defending the environment. These organizations believe that nature has been harmed by industrial and technological progress, and therefore have targeted many projects and facilities that they believe cause harm to the environment. Through this study, we have tried to define environmental terrorism, then its forms and images, in addition to similar concepts such as (biological terrorism, ecological terrorism, environmental Wars). This study concluded that the phenomenon of environmental terrorism can be addressed by addressing the circumstances of its emergence, and the political side can play an effective role in addressing this phenomenon by adopting democratic values, applying environmental justice, and environmental citizenship

In this research, we discuss the relationship between language and religion. Specifically, we address the definition of language and religion separately to clarify and explain the pillars and foundations of our research, while briefly discussing the relationship between them supporting our discussion with ancient and modern historical facts. Then, we conclude the discussion of this relationship by presenting the Armenian experience, in which the subject of our research is clearly embodied

The crown prince is one of the important positions that were created in the political system of the Arab Islamic state, and the crown prince played a major role in carrying out the burdens of the position he held and the tasks assigned to him. There are reasons that led to its emergence; perhaps the most prominent of which is the expansion of the state; and thus avoiding the occurrence of disagreement and conflict over power after the death of the caliph. The forms and formulas of the crown prince varied; in line with the political conditions that the state was going through on the one hand, and the orientations, visions, point of view and philosophy of governance of the caliphs on the other hand. The Abbasid era witnessed at times the appointment of three crown princes at the same time, whether by direct or indirect inheritance. Special decrees were issued upon appointment, and upon dismissal as well. The caliphs were keen to obtain the pledge of allegiance from the provinces for the crown prince; in order to give legitimacy to his rule. In the second and last eras of the Abbasid Caliphate, foreign elements represented by the Turks, Buyids and Seljuks, which dominated the institution of the caliphate, played a major role in choosing the crown prince; In order to achieve their desires and tendencies, this increased the weakness of the state and fueled enmity and hatred between the crown princes

The pages of this research were devoted to studying the cultural role of one of the Andalusian scholars, Abd al-Rahman Ibn Futais, as his role and his scientific writings had an impact on the development of the intellectual movement in Andalusia, especially since he specialized in more than one science, and he also held a number of administrative positions that increased the importance of his cultural role. The research was divided into several sections, the first of which dealt with his personal life, his name, lineage, and nickname. The second section was devoted to his role in intellectual life, while the third dealt with his contributions to the administrative side through the positions he held

The establishment of the Aghlabid Emirate was closely linked to the unrest, chaos, revolts of soldiers and commoners, and independence tendencies that prevailed in Africa, which led to the separation of the central and far Maghreb from the authority of the Abbasid Caliphate. This emirate enjoyed self-rule within a framework of loyalty and subordination to the Abbasid Caliphate. Ibrahim bin al-Aghlab was able to establish a new emirate, consolidate its pillars, eliminate all its problems, preserve it, and hand it over to his successors after him, so that they could play a role in establishing its entity, consolidating its pillars, and preserving it. The Aghlabid princes were truly statesmen, and the policy of violence and cruelty that some princes followed against those who rebelled against them was necessary to deter them. Thanks to this policy, they were able to impose the prestige of the emirate and eliminate the revolutions that faced it, which almost led to the collapse of the Aghlabid emirate and ended its existence, and thwarted their attempts to overthrow the rule of the Aghlabids. They had great merit in restoring the prestige of the Abbasid Caliphate, which was on the verge of extinction in the Maghreb. Rather, they ensured the continuation of its nominal sovereignty for about a century, and put an end to the chaos, seditions and revolutions that spread in Africa. Prince Ibrahim bin al-Aghlabid is considered the founder of the Aghlabid emirate, and the Aghlabids are attributed to his father, al-Aghlabid bin Salem. Caliph Harun al-Rashid appointed him as governor of Africa in (184 AH/196 AD), and made it hereditary for the Aghlabids to inherit after him.

Dialects are of great importance to students in the field of language, as they share many linguistic characteristics and speech habits. A dialect has a special environment that belongs to a group of linguistic characteristics shared by all members of this environment, and it is a broader and more comprehensive field in which there are linguistic or grammatical characteristics and characteristics. Due to the importance of this The topic: In my research, I addressed the importance of dialects and explained their heritage status and the sources of their diversity. This study was based on an introduction, then a preface, then two sections, then a conclusion and the most important results

Marital alimony is one of the wife’s inherent financial rights, lined up with the dowry. It is obligatory upon a valid contract and is called continuous alimony. In principle, marital alimony is not waived except by payment or release. In addition, she fell victim to the wife’s disobedience after a final ruling was issued by the court. Also, marital alimony is a debt owed by the husband. If he refuses to pay it to the wife, the wife has the right to file a lawsuit to claim it, in addition to the options that are proven to her at that time, including the right to move to her family’s home, the right not to enjoy it, and annulment. The alimony debt is stipulated in the law. Personal Status No. 188 of 1959, as amended, explicitly stated in Article (24/1 and 32), and was given multiple names such as alimony debt, past alimony, and accumulated alimony.
The wife’s lawsuit to claim alimony will be accepted by the court after ensuring that there is a valid contract between the spouses, that the marriage exists, and that the wife is retaining her husband’s right and is not disobedient. If these conditions are confirmed, the wife’s claim for alimony will be accepted, and the lawsuit for the alimony debt will be accepted, even if it is a financial right. However, the person competent to consider it qualitatively is the Personal Status Court, as stipulated in Article (300/1) of the amended Procedures Law No. 83 of 1969, and the court’s recent decision is subject to appeal before the Court of Cassation, as stipulated in Article (35) of the aforementioned law.
The Personal Status and Personal Materials Authority in the Federal Court of Cassation on 12/Rabi’ al-Awwal/1441 AH corresponding to 10/11/2019 issued two different decisions on the same subject, which represented the wife’s entitlement to past alimony for a period of eight years, and ongoing alimony estimated for her and her child, and the court ratified Cassation decided its decision after the end of the appeal period, then the defendant filed another cassation request, according to which he rejected the first decision and asked the Personal Status Court to amend it.