AL- Mouhaqiq Al-Hilly Journal for legal and political science

the issue of absence, in its all figures, is considered one of the important and sensitive problems that distract the Islamic jurists and it is one of the problems that they have tackled with and analyze it's rules, as the Islamic Sharia is dedicated to achieve rights and confront corruptions and protect human rights and their spirits properly in order to facilitate their affairs and benefits.
Also, the absence issue was dealt by legal jurists relying on Islamic doctrines, since the absence has a huge effect over marital life, hence the wife was granted by the law the right to divorce in case of availability of required conditions.

This study summarizes the concept of a liability agency. A liability agency is a special agency that includes an agreement between two parties, one entrusted and the other litigant, which is bound to take legal action that preserves his client's right before the courts. A liability agency is divided into a public agency and a private agency. In addition, the agency of liability has distinct characteristics.

The constitutional judiciary is among many bodies most capable of interpreting the constitutional text, because of its practical advantages that enable it to perform this task. In order to perform this task, he faces several interpretive approaches that he can use to interpret the constitutional text according to the purpose of the interpretation. If it is merely to remove ambiguity, conflict, or lack of clarity of the constitutional text, then self-interpretation is appropriate. But it goes in the direction of an advanced interpretation of constitutional rules whenever its goal is to preserve the idea of a living constitution and make the constitutional text more compatible with the circumstances and the changes and developments that have occurred. This approach has a number of important effects and results that are embodied in the rulings and decisions of the constitutional judiciary, including the Iraqi and comparative ones.

Given the importance of the archaeological material as it represents a cultural heritage, the Iraqi legislator addressed it in a special law. Through this research, we seek to clarify the concept of the crime of forgery or imitation of archaeological material, as it is one of the serious crimes in which the perpetrator intentionally changes the reality of the archaeological material or makes a non-archaeological material similar to the archaeological material for the sake of illicit gain. Given the importance of the crime, it was stipulated in the old laws of antiquities. The crime is also considered an ordinary crime, and it is considered an assault on public funds because antiquities are considered public funds, and the crime represents an assault on the national economy. The crime under study is similar to some crimes in the provisions of inspection and differs from them in other provisions, such as the crime of forgery or imitation of currency and the crime of exporting an archaeological material outside the country. It is also one of the crimes that threaten the national wealth that the legislator has bestowed protection on.

The rent is the subject of the tenant’s obligation and an element of the lease, and rent is not considered without it. If the use of the leased property is free of charge, then we are not dealing with a lease, but rather a loan or a gift for the right to use, because the rent is the basis of the lease contract and is the main factor for establishing the rental relationship. As an attempt on our part to shed light on the effects of breach of rent payment in the lease contract in Iraqi legislation in order to analyze it and find out the ambiguous aspects of it and thus arrive at solutions and proposals that contribute, albeit modestly, to revealing the vagueness of these effects that It would provide legal protection for the rent, and civil legislation has established some penalties when the tenant fails to pay the rent. Consequently, under the general rules, the lessor has the right to request specific implementation, cancellation, or compensation if he has a requirement in both cases and the lessor in special legislation has the right to request the eviction of the rented property. Civil legislation has stipulated some guarantees for the tenant’s fulfillment of the rent, and among these guarantees is a privilege. The property lessor has control over the movables located in the leased property and the right to withhold these movables or impose a precautionary seizure on them.

The insurance industry has recently witnessed contemporary trends and has not stopped at a classic concept, as it has not limited itself to traditional fields, but has invaded the sports sector as it is a fertile field in which sporting accidents are active and where injuries are common on the fields during matches, which not only negatively affect the player, but also cast a shadow on the development and development of the sector, where the athlete is at risk of injury while performing his activity, as he may sustain an injury that leads to permanent or temporary disability for him. Which may force the player to leave the stadiums permanently or temporarily. In fact, the stadiums may witness from time to time the death of one of the players. Therefore, the player may insure himself against such dangers.

The principle of legitimate expectation is such an innovative principle that has been genuinely accepted in practice. and the jurisprudence of jurisprudence, as it reflects the reality of the legal rule dealt with by the draft organization from the stage of legislative uniqueness and the necessity of being characterized as a rule of social behavior, that is, living in a particular society according to its circumstances and expressing the hopes of its members and, most importantly, the application of this principle is consumer protection legislation, especially since the effectiveness of such legislation to protect individuals is conducive to the security and stability of society, So the real problem was whether or not the Iraqi legislator had recognized this principle. And, in particular, in the scope of application of consumer protection legislation, and this leads us to review what this principle is. And its achievements and obstacles on the other hand, which we have concluded are several important results that are reflected in Iraq's failure to achieve the principle of legitimate expectation in the consumer protection legislation system. s rights ", which led us to amend the latter and propose the establishment of solidarity as well as objectivity, limit the agreements of the parties and impose the penalty of invalidity if such agreements would diminish the protection established for the consumer by the project.

This paper examines whether Moral principles, particularly social contract theory place a duty on the state to have a domestic law capable of properly investigating, prosecuting and punishing human rights violations. Victims need to be provided with justice and the social equilibrium of the state, upset by these acts needs to be restored. It is argued that victims possess a moral entitlement to state intervention in investigating, prosecuting, and punishing individuals who infringe upon their right to life. Therefore, neglecting this responsibility undermines the very basis of the state’s legitimate authority over its citizens. Further, unless a state acknowledges in practice that victims have a moral right to know the truth about what measures have been taken to prevent the targeting of their lives and allows them to participate effectively in bringing to justice those who actually targeted their lives, it will have breached the morally binding principles of the social contract and the moral law.

The treaty establishing an international organization has an important legal value, on the basis that the international organization itself arises under it, in addition to the legal rules contained in this treaty regulating the activity of the international organization, as the development of a unified legal principle on which to build the amendment of international treaties is not easy to determine, the amendment of the treaties establishing the organization may be distinguished from the usual pattern of amending treaties, As a result of the characteristics that characterize these treaties, they have a constitution and their own organs through which they operta Accordingly, the focus in this research will be on the definition of international treaties in general, in addition to the definition of the treaty establishing the international organization and the statement of its nature, and the most important characteristics that distinguish it from other other treaties, in addition to clarifying the amendment of the charters of some international organizations represented by the Charter of the United Nations and the charters of regional organizations represented by the Charter of the League of Arab States.

Judicial notifications need developments, just like the rest of the procedures that have accompanied technology, such as the electronic court. Therefore, it is necessary to delve into electronic reporting and search for it by explaining it and the scope of electronic reporting in terms of time and place, in addition to that and identifying the most important positive effects that may occur as a result of resorting to electronic reporting. Reducing regular reporting in terms of the legal security it provides and privacy, which is one of the most important features available in electronic reporting It lacks traditional reporting, speed of completion, and low costs, but this does not mean that there may not be some negative effects that may occur as a result of electronic reporting, such as distortion of the reporting data and the notification not reaching the person to whom it is requested to be notified.

Modernity is the renewed awareness of the changes of life in all aspects of life in terms of cultural developments and an emphasis on the principle of the independence of the human mind towards previous experiences and breaking away from the shackles of the past, that is, a civilizational response to leap over the constants and move away from traditional stereotyping, and this extends to the laws and the work of agencies and institutions in countries to reach civilization and keep pace. Civilizational development, and we see this clearly in the Iraqi Constitution of 2005 In the field of federal authorities, bypassing the three traditional authorities and forming an independent body that monitors the work of the government and has privacy in investigation and financial and administrative independence to practice modernity and keep pace with developments in crimes, especially crimes of administrative financial corruption, as this was by forming a body using the means of scientific progress to reach the truth specialized in combating corruption, which does not exist. Before the 2005, Constitution It has new powers to eliminate financial corruption in order to preserve public money, then achieve development, and keep pace with global modernity through the powers granted to the Authority in its amended Law No. 30 of 2011.

There are many foundations for the values of integrity, including in the Holy Qur’an, the heavenly religions, and Islamic law, which were established to achieve stability in the lives of ancient nations and peoples. In our modern era, the experience of the Integrity Commission was found in Iraq, especially after 2003, increased in importance in order to prevent corruption and emphasize the spread of fair and transparent governance because the procedures The fight against corruption was previously arbitrary and sporadic, and the Iraqi State Administration Law for the Transitional Period of 2017 dealt with it 2004 the presence of the Commission in Chapter Seven, which bears the name: (The Competent Court, or National Investigations), as well as the Constitution through Article (102) stipulates that the work of the Integrity Commission be regulated by law, and since the House of Representatives did not approve the Integrity Commission Law until 2011, Order (55) of 2004), and the attached organic law are considered the legal basis for the Authority’s work before November 14, 2011, which is the date on which the law was issued. Integrity Commission Effective No. (30) of 2011 and its amendments.

In order to achieve a balance between the public interest of the state and its need for foreign labor, it has become necessary to take some deterrent measures through which it can ensure the implementation of all the rules and provisions of the work permit for foreigners, and thus the right to work that the state has approved for the non-national is not a source of problems that affect the political, economic and social interests of the state and expose it to risks. The state must take into account the possibility of the foreign worker violating the terms and conditions of the work permit, and in return there must be a deterrent measure taken by the state against the violator, to ensure the control and organization of the process of employing foreigners within its borders, and the implementation of their obligations assigned to them under the employment contract. This measure must be sufficient to combat the phenomenon of immigration and illegal labor or limit the exploitation of private projects and institutions from resorting to illegal foreign labor, as some of these institutions invest in this phenomenon in order to save expenses and employ foreign workers at low wages, especially when the foreign worker is forced to accept all the conditions because he knows that he is performing the work without a work permit. The penalties vary according to the nature and type of the violation, as they may be criminal penalties or administrative penalties. Accordingly, this topic is divided into Two demands were raised, the first of which dealt with criminal penalties, and the second was devoted to explaining the administrative penalties taken against violating workers.

The principle of deporting foreigners is one of the important legal issues related to the national sovereignty of each country, as this process is based on a set of laws and legislations that regulate the presence of foreigners on its territory and determine the cases that require their deportation. Deportation is an administrative procedure taken by the state against non-citizens who pose a threat to public security or violate the residence and immigration laws of the host country. This research aims to analyze the concept of deporting foreigners from a legal perspective, and to identify the foundations on which countries rely in making the deportation decision, in addition to studying the legal nature of this procedure, and the legal effects that result from the foreigner subject to the deportation decision, and then addressing the concept of deportation in Iraqi and Lebanese legislation, and the possibility of borrowing from them what is appropriate to the reality of Iraqi society and the specificity of the decision to deport foreigners.

Legal texts constitute the cornerstone of contemporary legal systems, as they provide the necessary foundations for regulating relations between individuals and institutions and ensuring justice. These texts reflect the basic principles of law and define rights and duties, which enhances the stability of the legal system. However, the actual application of these texts may be exposed to challenges, as it may Some texts are fully binding, while others may be disabled or ignored due to a range of factors, Legal texts seek to achieve a balance between binding and effective application, but in reality challenges such as conflict with other laws or lack of updating may lead to the disruption of legal texts. These problems require careful study to understand their effects on the effectiveness of the legal system and the stability of transactions

Extremism in general is the adoption of extremist ideas, ideologies or beliefs and adherence to them. The research aims to reach a concept of intellectual extremism that is consistent with the concept of this study, and to identify the relationship between intellectual extremism and the constitution, Also, identify the reasons for this extremism in order to achieve the necessary protection from this intellectual extremism, Also, learn about constitutional, legislative and even Islamic philosophy to prevent this extremism. This research adopts the analytical approach in order to reach results and recommendations, the most important of which are: Protection from this intellectual extremism is needed exclusively by Iraqi society, especially after the spread of terrorist organizations and groups that have spread their poison and ideology into the minds of most of the Iraqi people. Accordingly, the research topic will be addressed in light of the legislation and the Constitution of the Republic of Iraq in force for the year 2005.

In contracts, one party requests a guarantee for its rights, whether as a guarantee for the other contracting party to fulfil its obligations according to the terms, or to fulfill these obligations according to the agreed upon dates. The most common type of such request is in contracts conducted by state facilities, such as supply contracts and others. The original guarantee is a cash amount provided by the guarantor party to overcome the burden this causes to the contracting party and its inability sometimes to provide this cash amount, which it may not be able to provide due to the lack of cash; and as long as this insurance is provided as a guarantee of the right of the other party, which is not a permanent right, as it may or may not happen. This will lead the party to accept the guarantee other than the cash amount from which it can obtain its rights arising later. Thus, the provision of a non-cash guarantee came, whether from the contracting party himself or from someone else. Hence, the need for a party to adopt this risk emerged, so the role of banks in providing guarantees to the contracting parties emerged after procedures that it carries out to guarantee its interests. Therefore, the bank issues a letter announcing its guarantee to the one requesting the guarantee. It emerged as a result of many banking operations, such as bank guarantee, documentary credit, and letter of guarantee, the latter of which is the core of our research interest and its judicial applications.

The phenomenon of slavery goes deep into history. It led to the emergence of slavery in ancient human civilizations and was an existing social system in the Babylonian civilization, the ancient Egyptians, and the Greek and Roman civilizations, when wars and the concepts of power and dominance were prevalent at that time. Positive international law has been concerned with the individual, as it has tried to protect his legal existence and raise his material and moral level in order to strengthen the legal personality of the individual, which is one of the manifestations of human rights. International law has also been concerned with eliminating all attempts to compare the human being to a commodity, by eliminating slavery. In our current era, slavery has become a prohibited and criminal act, as have some acts similar to it, such as forced labor and other acts that involve humiliating a person and degrading his dignity, or exploiting him under the threat of violence to achieve material purposes. However, these acts are still widespread in some societies and among a group of people. Migrants and other vulnerable groups such as children and women in poor areas.

Official records and papers are the main pillar of the state in accessing information and data about citizens and establishing rights, which must be preserved and not tampered with, and every care must be taken to write down the correct matters and information in them or leave them out.
Due to the importance of the crime of recording incorrect information in books and papers, subject to the control of public authorities, the Iraqi legislator criminalized the forms of behavior that constitute the crime in order to protect the rights of others and preserve information, which is an integral part of the state because it is the basis upon which it relies to refer to it to obtain evidence, so the legislator came with the text of Article (296) of the Iraqi Penal Code No. (111) of 1969, as amended to criminalize these acts and punish the offender with imprisonment and a fine, or one of them.

important role played by public funds in managing the state's activity and its Given the public facilities, and the impact of this on achieving its economic, security and political stability in the public interest, which made legislation seek to provide adequate legal protection for these funds, the protection of the Public Prosecution Service was a type of this protection, specifically procedural protection, as its role is not limited to the procedural aspect represented by the authority to initiate criminal proceedings in crimes in general and crimes of administrative and financial corruption only, but rather extends to the civil aspect in intervening and attending in lawsuits in which the state is a party. Since the Public Prosecution Service in Iraq is not unique in seeking to protect public funds alone, but there are other agencies, some of which the legislator , such as the Federal Financial Supervision Bureau, and established others, such as the Integrity Commission, it was necessary to investigate the relationship of the Public Prosecution Service with these agencies in the field of protecting public funds and combating corruption, and in particular its relationship with the Integrity Commission, this agency with a judicial investigative character, and whether it is a complementary relationship or is it intersectional

The constitutional lawsuit is one of the most prominent legal means that aim to protect the principle of the supremacy of the constitution and ensure the compatibility of legislation in administrative decisions with its provisions. Its importance in the lawsuit lies in strengthening the rule of law and preserving the constitutional rights of individuals. However, this lawsuit may face a response either for formal reasons related to procedures or for substantive reasons related to the essence of the contested text. As for the formal response, it arises from a breach of the established procedural conditions, such as exceeding the legal deadlines or the plaintiff's lack of legal capacity or interest. It results in ending the procedural dispute without affecting the contested texts, with the possibility of resubmitting the lawsuit after correcting the defect. As for the substantive response, it is based on proving the compatibility of the contested texts with the provisions of the constitution, which leads to their continued legal enforcement while preventing any challenge to them again unless fundamental constitutional developments arise that require reconsideration. It is clearly evident that the response to the constitutional lawsuit, whether in form or substance, plays a pivotal and vital role in achieving the stability of the legal system and ensuring a balance between protecting legislation and preserving constitutional rights.