magazine aldhakwat albedh

Abstract:
The research revolves around explaining the division of hadiths, as the issue of division of hadiths is one of the important issues that hadith scholars have addressed in their hadith books. Division became common before the Sheikh of hadith scholars, “Al-Kulayni,” and Al-Kulayni, Al-Saduq, and Al-Hurr Al-Amili followed it for the sake of brevity, as they were satisfied with mentioning part of the narration that they wanted to research with the aim of reducing the size of their books or with the aim of dividing a single hadith and distributing it into chapters, in addition to clarifying the most important reasons that led to division, and the negative effects that resulted from division.

Abstract:
The idea of the research came from noticing the way interpreters have been affected by Islamic verbal doctrines. The word (thula) has become common in probabilistic directing as a result of doctrinal whims, and the most prominent linguistic opinion among interpreters regarding the word (thula) has been that it means a very large group of people; this is contrast to the word (qaleel), which has been interpreted as "a large group of people", despite the fact that word (qaleel) means "a few". Additionally, another opinion states that the word (thula) is used to mean "a few people" since it refers to the group as an absolute entity without referring to its size, which contradicts the actual common linguistic use of the word, which is "a very large group of people". Moreover, a third opinion says that (thula) means "a great number of people" compared to a few people as the superficial meaning of the Qur'anic verse and the real-world use of the word indicate, but with the guidance of arbitrary interpretation of the meaning of the words used with the word thula, which are: alawaleen (meaning "the predecessors"), and alakhareen (meaning "the successors"), in addition to stripping the word "alsabiqoon" (meaning "the previous") from its unique meaning in the dictionary, grammatical analysis, and structure. Meanwhile, this research suggests that the meaning of the word (thula) should be "the large group of people", by realizing that the word hasn't been used to refer to the successors, but the word (qaleel), which means "a few", has been used instead, regardless of the "few" being relative or numeric, without touching the meaning of other words coming after it based on the facts gathered from research.

Abstract:
Studying the interpretive narrations issued by the Infallible (Peace be upon him) is one of the priorities of researchers and scholars in the field of Qur’anic studies, especially those related to interpretation. Because it represents the first line of understanding God’s intention in that Book, about which there is no doubt, and the importance of exploring and researching this subject comes because it represents the first seed and the correct path for interpreting the Great Qur’an from its sources that God Almighty has commanded us to adopt, which is represented by those who do not speak from their desires and their descendants from among His children who God removed impurity from them and purified them with a thorough purification (may God’s peace be upon them all).

Abstract:
The moral and social collapse has spread to many Islamic countries, including Iraq, which did not comply with the Book of God Almighty, and thus lost its world and its afterlife in the continuation of this issue and sexual crimes in general, especially among children, are widespread in Arab countries and also in Iraqi society, causing a serious social disease that can only be treated by diagnosing its causes and tracking its effects in every aspect of life associated with it, especially among children, and the sexual crimes that occur, especially among children, include adultery, sodomy, kissing, thighing, fondling, and others. The child must be raised with good morals and manners, and grow up in a clean and pure environment from which he learns only what is useful because today's children are tomorrow's men and women, and committing these sexual crimes against minors pushes us to the necessity of taking action and confronting them, and that young people, children and juveniles are considered among the basic human wealth of human society in the future, and sexual crimes harm their interests, although this topic is important, the Iraqi legislator did not pay full attention, as there are shortcomings in the law on sexual crimes against minors, and for this reason I write about sexual crimes, and we urge and advise officials to take the necessary measures to protect and preserve children and juveniles through sound modern decisions that keep pace with the times, and in order to draw the attention of officials to this phenomenon, we researched this topic, so the criminal legislator has tried hard to find legal rules that would protect the minor, who is unable to protect himself, and the laws that protect the minor in Iraqi law are the Iraqi Personal Status Law No. 188 of 1959, as amended, and the Iraqi Penal Code No. 111 of 1969, as amended. Iraqi Juvenile Welfare Law No. 76 of 1983. The analytical approach was followed to achieve this study. The purpose of this study is to shed light on the various legal articles in Iraqi law that deal with sexual crimes against minors, and to examine the necessary ways and mechanisms to ensure criminal protection that guarantees minors their rights from rape, and the security of their lives and safety from adultery and sodomy, and protects their honor and morals, and to identify the types of violations that Iraqi childhood is exposed to, in light of societal crises, and the mechanisms for solutions and treatments for these violations and enhancing the child's health, psychological, social and legal rights.

Abstract:
The system of crimes and penalties in Iraqi criminal law serves as a mirror reflecting the development of legal thought and criminal justice in the state, and constitutes a field for the interaction between national legislation and international human rights principles. This study aims to analyze the legal structure of crimes and penalties in Iraqi criminal legislation by comparing its provisions with international human rights standards, particularly those contained in the 1966 International Covenant on Civil and Political Rights and other relevant international declarations and conventions.
The research focuses on the principle of criminal legality and the proportionality between crime and punishment, as they represent the two fundamental guarantees of human rights in the face of the state’s punitive authority. It also examines the extent to which Iraqi legislation aligns with international standards prohibiting torture and cruel or inhuman punishments, as well as its adoption of alternative sanctions that take into account rehabilitative and reformative dimensions rather than purely punitive ones. The descriptive method was followed in this thesis.
The study also provides a comparative analysis between the provisions of the Iraqi Penal Code and what is established in international instruments regarding the definition of crime, types of penalties, the rules governing their implementation, and the rights of the accused and convicted persons during investigation and enforcement stages.
The aim of this thesis is to analyze the legal foundations of the concepts of crime and punishment in Iraqi criminal law and to clarify the extent of their consistency with constitutional principles that guarantee the protection of freedom and human dignity. It also seeks to define the relationship between Iraq’s penal system and human rights standards, particularly the principles set forth in the International Covenant on Civil and Political Rights, and to outline the limits of the state’s authority in criminalization and punishment in a manner consistent with the principle of criminal legality and without unjustified infringement upon individuals’ fundamental rights and freedoms.
The findings indicate that although Iraqi legislation contains advanced humanitarian principles, it still requires legislative and institutional development to enhance the balance between protecting society and safeguarding human dignity and basic rights. The results also highlight the need to reconsider the philosophy of punishment in Iraq so that it shifts from a tool of deterrence and retribution into a means of social reform and offender rehabilitation, in order to achieve criminal justice in its modern form aligned with human rights principles.