Al-Kitab Journal for Human Sciences

The judiciary is one of the most important
administrative functions in the Abbasid state, due to its vital
role in maintaining the balance of justice, organizing
people's lives, imposing the provisions of Sharia in society,
and drawing the foundations of stability. Judges played a
prominent role in the Abbasid state, adapting to the political
and social conditions of the caliphate. Due to the location of
the outposts on the borders of the Byzantine state, these
posts were central zones of jihad and marabouts, where it
was the duty of Muslims to protect and maintain them from
enemy invasions and prevent them from trespassing Muslim
lands. These outposts and capitals had become attractive to
scholars and jurists who had a prominent role in protecting
these gaps and preserving the Islamic religion. In Abbasid
periods, a large number of scholar judges appeared to
perform this noble mission.

International responsibility is one of the very important
topics that was consumed by international jurisprudence early on,
and it also placed its weight on international work and judiciary,
and it had a very large share of it to the point that part of its rules
are based at the present time on international practices, rulings of
international jurisprudence, and on a set of opinions and
doctrines. If responsibility International responsibility is one of
the accepted principles at the level of international law. It has
never been equal to other topics that facilitate its development.
International responsibility is always a controversial topic, as it
includes very ambiguous issues, as its provisions branch out and
are related to many other provisions. Consequently, at the level
of international law itself or at the level of other internal laws and
regulations, this is what made the topic of international
responsibility one of the greatest and most branched topics of
international law. The issue of international responsibility is
considered one of the broadest and most difficult problems facing
international law in general. The issue of protecting and
preserving the environment has become one of the most
important issues burdening the international community in this
era and a major dimension of the challenges facing the Arab
world, especially developing countries, and the necessity of
finding Solutions to complex problems and successful treatment
of them. International governance seeks to discuss solutions to
issues that affect more than one country or region, and
international responsibility then arises due to violation of the
provisions of international governance.

The family represents the most important societal
system, and its stability ensures the security of society. The law
has attempted to surround the family with a set of legal rules
that aim to protect it from various challenges that could threaten
it, or divert it from its role in ensuring societal security, being
the nucleus of society. The family bond has been affected by the
increasing phenomenon of drug abuse and addiction. Addiction
has transformed from a mere problem into a societal
phenomenon, indicating its widespread prevalence, especially
with the numerous harms and negative effects it imposes on
both the addict and their family, including the child in custody,
who is considered the weakest party and most deserving of care.
Ensuring the well-being of the custodian, whether the father or
the mother, plays a vital role in maintaining family stability, as
well as in the upbringing and character development of the
children. The law has acknowledged this fact, emphasizing the
need to consider the physical and mental fitness of both parents.
It also permits the termination of custody if either the father or
mother is addicted to or abusing drugs. However, it is noticeable
that the Iraqi Personal Status Law does not explicitly list drug
addiction as a danger that may undermine family life.
Therefore, this research aims to highlight the possibility of
achieving societal security by providing legal protection to the
child in custody from the risks posed by a drug-addicted or
drug-abusing custodian. This study examines whether the
current legal provisions are sufficient to provide such
protection, or if amendments to the law are necessary to
effectively combat the scourge of drug addiction .

A neighbor is defined as any person who lives
near you, and the legally recognized extent of
neighborhood is determined by customary practice.
Neighbors are classified into three categories: the first
has three rights—the Muslim neighbor who is also a
relative, and thus entitled to the rights of neighborhood,
Islam, and kinship; the second has two rights—the
Muslim neighbor who is not a relative, and thus entitled
to the rights of neighborhood and Islam; the third has
only one right—the right of neighborhood, which
includes non-Muslims who are not relatives. Every
Muslim is required to respect their neighbor and treat
them well in financial dealings, avoiding any harm.
Moreover, they should be patient with any harm caused
by the neighbor. Failing to do so may require
compensation for any material or moral harm caused.
This is based on the principle of kindness to neighbors,
which is emphasized in both religious law and civil law.
In other words, it stems from the principle of acting in
good faith in rights and obligations, as this contributes
to reform and happiness in both this life and the
hereafter.

The right to digital oblivion means the right of
every person to erase and forget his personal data
available on the Internet, whether he or other Internet
users published it. The idea of this right has emerged as
a legal mechanism to address the repeated attacks by
network users by publishing information and personal
data of others and harming them. This right is of great
importance due to its modernity and the neglect of its
precise and clear organization in most countries.
Therefore, in this research, we have explained what is
meant by this right and what are the frameworks for its
practice or what is the subject of this right represented
by personal data that has been published or processed
for a specific period of time. It does not address all data
and information, but only data of a personal nature that
has been published or processed for a period of time.
We have also explained the dedication of this right in
many foreign and Arab legislations in an attempt to
reach the necessity of enshrining this right in the Iraqi
constitution and in a special law for this right that
defines its concept and limits from an objective and
temporal perspective in a clear and precise manner, in
addition to the penalty prescribed for anyone who
violates it.

Since we live in a world in which knowledge is advancing
rapidly, and information technology, including communication
protocols and modern storage methods, is its most important tool, it is
necessary to have contracts that regulate and prove the rights and
obligations of the parties to these digital transactions. These contracts
must be concluded in accordance with the interests of their parties in a
manner that does not violate the law or the system General principles
of justice and fairness. Due to the modernity of these contracts and their
special legal nature, it was necessary for us to follow modern legal and
jurisprudential studies to clarify the nature of the cloud storage contract
by defining it and clarifying its characteristics. Rather, we go further
than that by trying to reach the legal adaptation of this contract as a
deposit contract, a contract contract, or a contract. Rent or guarding
contract? The study also discussed the responsibility of the parties to
the storage contract Cloud storage, given that it is considered a modern
contract and is often carried out through a virtual medium, therefore
determining the responsibility of the parties is somewhat difficult, so
we found it important to address it during this study by talking about
the parties to this contract, and the cloud storage contract is like other
contracts, as it begins. It must end, as it either ends naturally through
expiration or invalidation, or ends with dissolution through annulment
by the will of both parties or by order. Court or force of law. The
contract must include a condition to delete all stored data and pledge
not to use or leak it by the service provider after the end of the contract.
From this standpoint, we call on the Iraqi legislator to regulate this type
of contract due to its widespread popularity recently, as comparative
legislation has done, such as the regulatory framework for cloud
computing issued by Saudi Communications and Information
Technology Commission

Copyright is one of the fundamental pillars of intellectual
property. Recently, there has been a noticeable increase in
violations related to it, especially with the proliferation of
electronic works on the internet. Developing countries suffer
from a lack of legislation that provides adequate protection for
the rights of authors, which exacerbates these violations.
Technological advancements have brought about radical changes
in social and economic life, affecting how works are produced
and distributed. The speed of information transfer has facilitated
the ability to disseminate information at an enormous pace,
posing new challenges that did not exist before the advent of
modern communication means, such as the internet and satellites.
Technological developments raise questions about the adequacy
of laws and agreements related to copyright. There is an urgent
need to review laws to protect authors' rights and neighboring
rights under new circumstances. The research will address the
applicable law on copyright according to international treaties
and local legislation, focusing on International treaties such as the
Berne Convention, which aims to protect authors' rights globally.
Arab and foreign legislation: how these legislations deal with the
challenges posed by modern technology. Protecting authors'
rights in the digital environment requires a comprehensive legal
framework that fits the new challenges. It is essential to update
current legislation and develop effective mechanisms to ensure
the protection of these rights in light of ongoing technological
advancements.

To ensure the stability of civilizations, a coherent legal
framework must govern the interactions between individuals and
institutions. As a large-scale social entity, the state is subject to a
hierarchy of legal rules, where lower-level laws must conform to
higher legal norms, especially the constitution, which is the
supreme legal authority. Any legislation that contradicts the
constitution is deemed unconstitutional. Constitutional judicial
oversight plays a vital role in verifying the compatibility of
ordinary laws with constitutional provisions. This study focuses
on the French Constitutional Council, which has emerged as a
key constitutional body with an evolving role in judicial review,
particularly after the 2008 constitutional reform that introduced
the Priority Preliminary Ruling on the Issue of Constitutionality
(QPC). The French model combines both ex ante and ex post
constitutional review, offering valuable insights into the
mechanisms for protecting constitutional integrity and individual
rights within a rich legal and historical context.

Among the tasks assigned to the legislative
authority, represented by Parliament, is demanding
rights and reveal any transgression or violation that may
be committed by the executive authority represented by
the President of the Republic, the Prime Minister, and
the ministers, and trying to address it or hold them
accountable for it. In order for the former to practice this
function to the fullest extent, it must possess censorship
instrument, or what is called oversight tools manifested
in questioning, interrogation, and investigation.
Oversight of the actions of the executive authority is a
manifestation of parliamentary representative work.
However, what is tackled briefly in the present work is
the parliamentary questioning, its definition, and the
most important types.

The issue of women\'s participation in decisionmaking remains a contentious topic that continues to attract the
attention of the international community and activists in the fields
of democracy and human rights. Women represent half of society,
yet human civilization has, for long periods, failed to recognize
their true role or grant them their rightful and equal rights
compared to the other half of society. This has significantly
impacted women\'s participation in public life and their
contributions to political, cultural, and civilizational
development. As a result, women and the feminist movement
have had to struggle for extended periods to gain recognition of
women as full human beings entitled to basic human rights and
as fully capable citizens. Despite notable improvements in
women\'s conditions in many areas, prevailing societal, cultural,
legal, and social structures—as well as deep-rooted prejudices
often treated as sacred—continue to reinforce discrimination
against women, particularly in the Arab region. This region has
historically entrenched secular views and gender-based
discrimination against women. Consequently, the international
community has been called upon to take serious action to ensure
that women enjoy all rights guaranteed to them both
internationally and locally, and to eliminate discrimination in a
manner that enables their effective participation in all aspects of
life—especially political life and leadership positions—free from
the constraints and obstacles that hinder them.

The legislator aims through criminal policy to protect
social interests in a way that ensures balance and proportionality
between these interests and the social philosophy of
criminalization and punishment. Since punishment is a form of
retribution, it is natural that the reaction is proportionate to the
act itself. If this balance is absent or neglected by the legislator
or one side of the scale prevails over the other, this is also
considered a violation of legal security, which means the
existence of a kind of relative stability of legal relations and a
minimum level of stability of legal positions for the purpose of
spreading security and reassurance among the parties to legal
relations.

The Al-Aqsa Flood operation has been
classified as an unprecedented event in terms of its
destructive impact on both sides of the conflict,
particularly on the lives of Palestinians residing in the
Gaza Strip. It gained significant strategic importance as
it exposed the failure of the military intelligence of the
occupying army to monitor events, especially in Gaza,
and even to anticipate the timing of the operation’s
launch. This obliged the occupation army to respond
violently, attempting to dismantle Hamas’s
infrastructure in Gaza, manipulate international media
narratives, and achieve political and media victories
aimed at supporting its policies and expanding its
influence on regional and international levels. The study
also addressed the devastating impact of Gaza\'s
destruction and the resulting humanitarian tragedies for
its residents, as well as the effect of these policies on
international stances towards the Palestinian case,
humanitarian aid, and efforts to achieve peace.

The study dealt with clarifying the impact of the use of
artificial intelligence techniques in the auditing profession in a
comparative study between Iraq and Jordan and its impact on the
auditing profession, as the auditing profession is one of the
sensitive professions that play a pivotal role in ensuring
transparency and integrity in financial operations in the era of
advanced technologies, the use of artificial intelligence
techniques has become an urgent necessity to improve the
efficiency and accuracy of financial control, and the study also
reviews the areas of use of artificial intelligence techniques, such
as big data analysis, and process automation, Predict financial
fraud, which contributes to improving audit results. The study
also discusses the requirements for the use of artificial
intelligence techniques, including the necessary training and
qualification of auditors, in addition to the factors affecting their
adoption, such as the organizational environment and
institutional culture. To enhance the theoretical aspect of the
study, a questionnaire was conducted to collect the opinions of a
sample of auditors in Iraq and Jordan, and the questionnaire dealt
with the extent to which they use artificial intelligence techniques
in their work and the extent to which they realize their importance
in enhancing the effectiveness of professional performance.
Through this study, we hope to provide valuable insights into
how intelligence technologies can be leveraged. Artificial in
improving the auditing profession and enhancing its role in
achieving financial transparency.

This study seeks to explore the contemporary applications of states
that have adopted the semi-presidential system—also referred to by
some as the mixed system—and to analyze and compare the substantial
differences in the constitutional texts of these countries regarding the
executive powers vested in the most prominent position in this system:
the head of state. The purpose is to benefit from these differences in
identifying the best options that could be implemented in Iraq, should
the semi-presidential system be adopted through the constitutional
reforms demanded by many. The study is limited in its substantive scope
to reviewing constitutional provisions that pertain to the executive
functions of the head of state under the semi-presidential system,
particularly those areas where this system diverges from traditional
systems, as well as the variations between countries that have adopted
this model. These powers include the appointment of the government
and senior officials, presiding over cabinet meetings, and managing
foreign policy during both peace and wartime—topics that will be
examined in the chapters of this study. The research does not delve into
the political and practical realities of the countries under review, as this
would require research techniques beyond the boundaries of legal
studies. The study concludes that it is essential to distinguish between
the role of the president as a symbolic figurehead of the state and the
president’s authority in shaping domestic and foreign policy. While
assigning certain powers and responsibilities to the president can serve
the principle of presidential unity as a symbol of national unity, granting
the president additional authorities may lead to an expansion of
presidential power and undermine principles of power-sharing. This
could result in tensions and conflicts with the government, which is
constitutionally empowered to determine domestic policy, and may upset
the balance of power between the president and the government that
represents the majority in the legislature. Nevertheless, certain functions
remain inherently tied to the president’s symbolic role as the nation’s
figurehead and may rightfully be reserved solely for the president.

Submerged cultural heritage represents the cultural,
civilizational, and historical identity of societies. Nations are keen
to protect their heritage, and numerous regional, bilateral, and
national efforts have been dedicated to establishing general rules
aligned with appropriate protection mechanisms. This has been
achieved through accession to the UNESCO Convention on the
Protection of the Underwater Cultural Heritage and the adoption
of necessary measures to deter violations against it, including the
imposition of criminal penalties on those who breach the
convention’s provisions and national laws. However, the efforts of
some countries have not reached the desired level of effectiveness.
Therefore, the UNESCO Convention has established several rules
to protect underwater cultural heritage located in sovereign
maritime zones. The Convention allows coastal states to intervene
in the protection of such heritage within their internal waters,
archipelagic waters, territorial sea, and contiguous zone. It has also
adopted various measures for its protection, including general
measures for monitoring the entry of cultural heritage into states,
targeted measures to prevent states from using their maritime
zones to conduct activities that may harm underwater cultural
heritage without prior authorization, and specific measures aimed
at imposing sanctions for violations of the protection rules
stipulated in the Convention’s provisions.

The global financial crisis that struck major international
economies resulted in significant economic and financial changes,
leading to the collapse of many banks worldwide. These collapses
caused massive losses and drove several banks to declare bankruptcy.
Consequently, many countries initiated legislation aimed at
addressing banking collapses and their severe repercussions, in order
to restore confidence in the banking sector and safeguard economic
and social stability, ultimately contributing to national development
and citizen welfare. One such legislative solution is the introduction
of the bridge bank (also referred to in various countries as an
intermediary or transitional bank). Through this mechanism, the
central bank steps in to support struggling financial institutions and
rescue them from the brink of collapse. This is achieved by
establishing a temporary bridge bank to take over the failing bank,
transferring all its assets and liabilities to the new entity. The bridge
bank then manages and stabilizes the institution until a suitable buyer
is found for the original bank. This process reassures all stakeholders
— including investors and depositors — that their funds are safe and
recoverable. The bridge bank is thus considered an exceptional entity
created by the Central Bank of Iraq, and its exceptional nature is
reflected in the unique conditions under which it operates. Unlike
regular banks, it is not subject to the same licensing conditions,
company laws, or capital requirements. From the moment it is
established, full authority over its operation lies solely with the
Central Bank, independent of the regulations typically applied to
other banks. Iraq was the first Arab country to incorporate the bridge
bank concept into its legislation through the Iraqi Banking Law No.
(94) of 2004, in line with the bridge bank model found in U.S. law.
Egypt later followed Iraq's lead by legislating the concept under Law
No. (194) of 2020.

In the name of the Most Gracious, the Most Merciful. Praise
be to God, Lord of the Worlds, and prayers and peace be upon our
Master Muhammad, his family, and all his companions. I wrote a
modest and simple research paper on (The foundations of the call to
Islam according to Hajar, peace be upon her, In it, I explained the life
of our Lady Hajar, peace be upon her, and the most important events
that she went through, and how her marriage to our Master Abraham,
peace be upon him, was. I also explained the most important
foundations of the call in her personality, from the belief and trust in
God Almighty, then I took the faith and educational lessons from her
life, peace be upon her.