Basra studies journal

Islam places great importance on the continuity of the marital bond between spouses unless a legitimate impediment arises to prevent it. One of the conditions for the validity of the marriage contract is that the woman must not be in a state of ihram, whether temporary or permanent, which may render the marriage contract subject to annulment in the event of a change in the religion of either spouse. Islamic law addresses such cases by either allowing the marriage to continue or by dissolving it. Personal status laws in Arab countries regulate the application of Sharia in cases involving a change in the religion of one of the spouses, as this matter is regarded as a right of God.
This study reviews the impact of religious conversion on the marriage contract from the perspectives of Muslim jurists, including the Imami, Hanafi, Shafi’i, Maliki, and Hanbali schools. It also compares the positions of personal status laws in Iraq, Yemen, Kuwait, and Jordan regarding the annulment of the marriage contract due to a change in religion. Special attention is given to Iraq’s Personal Status Law No. 188 of 1959, Yemen’s Law No. 20 of 1998, Kuwait’s Law No. 51 of 1984, and Jordan’s Law No. 36 of 2010, as they contain specific provisions related to this issue.

The right to access information is one of the fundamental human rights through which society can achieve transparency and promote democracy. However, this right cannot be fully realized unless it is constitutionally and legally regulated in a manner that fulfills the purpose for which it was established. It is important to note, however, that this right is not absolute. Various restrictions have been imposed to safeguard the public interest most notably, to protect national security and the integrity of legal proceedings. At times, limitations are also imposed to preserve private interests, such as the protection of personal privacy and the confidentiality of professional secrets.

It is well established among criminal law scholars that punitive legislation typically intervenes only after a violation of the law has occurred. However, preventive criminal policy in juvenile legislation has marked a significant shift toward protecting minors from delinquency before it arises. This is evident in the effective Iraqi Juvenile Welfare Law No. 76 of 1983, which explicitly addresses such cases. Modern criminal policy can expand its scope to confront juvenile delinquency at earlier stages through preventive measures adopted by the legislator. These measures aim to provide more effective protection against emerging deviant behaviors and to safeguard minors from drifting into delinquency.

International mechanisms for the protection of petroleum resources during armed conflicts are of great importance, especially given the increasing prevalence of both international and non-international armed conflicts and the intensified use of weapons. Today, the international and humanitarian landscape is in urgent need of strengthened regulatory and legal frameworks to address the serious violations committed against oil resources.
Therefore, it is essential to support and empower the international organizations involved in this field, enhancing their role in regions experiencing armed conflict. The research concludes that current international mechanisms do not provide sufficient protection for petroleum resources. Despite the existence of several agreements that make reference to this issue, their impact remains limited due to political considerations that undermine their effectiveness.

Civil liability is one of the most important legal topics, as it addresses cases in which individuals suffer harm due to the fault of a responsible party an outcome dictated by principles of justice: whoever causes harm must remedy it. In the context of practicing licensed radiological activity, whose applications have expanded across medical, industrial, agricultural, and communications fields, the resulting harm can extend to the environment in all its components, including human health and safety. This necessitates legislative intervention to ensure legal protection by establishing civil liability for damages arising from radiological activities.
This study aims to highlight the legal foundation of such liability and the challenges of relying on fault-based civil liability in these cases. It also explores the unique characteristics of harm caused by radiological activity, and addresses the extent to which public administration may bear responsibility for compensation whether wholly or partially on behalf of the licensed individual operating the radiological activity.

This study examines the various forms of legal protection, including prior protection, which safeguards witnesses, experts, or informants from assault, and subsequent protection, which aims to protect the victim or the person harmed by the crime from deteriorating health or financial hardship that may result after the assault.
Accordingly, the study sheds light on the extent to which criminal laws sufficiently provide such protection, or whether they fall short. The research is divided into two sections: the first is devoted to prior legal protection and its measures, while the second addresses subsequent legal protection and its mechanisms.
The study reached several findings and recommendations, the most important of which is that, although Iraqi criminal law has made significant progress in providing protection to victims of crimes, it still does not offer protection at the required level. Despite the existence of various legislations enacted by the Iraqi legislator concerning victims, these laws suffer from notable gaps and deficiencies. Therefore, it is necessary for the Iraqi legislator to establish a robust protective framework that ensures the prevention of assaults on victims and helps them recover and rebuild their lives afterward.

Water resources form a fundamental basis for industrial, social, and economic development. These resources are diverse and include rainfall, rivers, lakes, seas, and especially international rivers. The issue of water resources is a major point of focus in international relations, particularly because many watercourses are shared by more than one country. Some countries have built dams that affect the water inflows of other nations sharing the same river systems. Iraq is among the countries most affected by this issue.
Given Iraq’s significant dependence on shared water resources most notably the Tigris and Euphrates rivers and the increasing water scarcity it faces, it has become imperative to regulate the use of water and prevent potential conflicts through international agreements. The responsibility for addressing these challenges lies with the Iraqi federal government, particularly the executive and legislative branches, which must develop appropriate policies and solutions to manage and protect the country’s water resources effectively.

Acceleration committees represent a form of sanction for breaches of governmental contracts. Government entities possess the authority to impose such measures when a contractor fails to fulfill their contractual obligations. These committees thus constitute a type of compulsory specific performance, whereby the government authority assumes the role of executor through its technical staff, while the defaulting contractor acts as a supervisor over the execution process, since the implementation is carried out at their expense.
This mechanism is grounded in legislative authority and is considered part of public order due to its inherent connection to the functioning of public services.

Countries achieve prosperity and progress through strong economies, which represent the lifeblood and essential foundation for ensuring the welfare, freedom, and dignity of their people. However, this vital sector is not immune to unlawful exploitation and criminal behavior. Economic crimes are among the most serious challenges confronting a country’s economic policy due to their significant impact on economic and social stability.
Accordingly, the state must respond through legislative means to combat perpetrators of such crimes and limit their occurrence by adopting a criminal policy that aligns with the rapid and modern developments in global economic activity and trade. This has led to the emergence of regulatory frameworks, guidelines, and penal laws aimed at upholding justice in this domain.
Nevertheless, these laws are not without legislative shortcomings, prompting a need to review and reflect on effective ways to address these deficiencies. This includes proposing amendments and offering recommendations that may contribute to updating the legal framework in line with contemporary developments in the economic field.

The administration always seeks, in the course of achieving its objectives, to ensure that its decisions conform to the principle of legality, regardless of the interests it aims to serve. This is due to the fact that the concept of the public interest is inherently variable, influenced by time, place, and the prevailing social, political, economic, and legal contexts.
This study sheds light on the limits of the administrative judge’s authority in balancing conflicting interests in the highly sensitive issue of property expropriation for the purpose of achieving the public interest. The research concludes that, when applying the principle of proportionality and balance between the benefits pursued by the administration and the potential harm to individuals resulting from forced expropriation, the administrative judge examines each case individually to reach an equitable outcome.
Among the key recommendations is the need for clear, objective criteria that can be applied across different cases to ensure fairness and consistency in judicial decisions.

Impartiality is a fundamental attribute that must be present in the individual conducting a disciplinary investigation. This individual must act free from any personal inclinations when handling the case and avoid any conduct that suggests favoritism, discrimination, or bias. Their judgment should be issued independently, unaffected by personal whims, ideologies, or beliefs—whether religious, political, or partisan.
However, the impartiality of a disciplinary investigator is not always guaranteed. Personal motives and objectives that diverge from the public interest may influence their conduct, for various reasons and considerations. This can lead to deviation in the imposition of disciplinary sanctions against the employee under investigation. Therefore, it is essential to establish mechanisms that safeguard impartiality and prevent it from being left to the investigator’s sole discretion.
The researcher divided this study into three sections, concluding with a set of findings and recommendations. Chief among these is the need to amend the current Law of Discipline for State Employees in Iraq to include explicit provisions stipulating grounds for disqualifying and recusing members of investigative committees, instead of relying on the application of the Civil Procedure Law. It also recommends stipulating that members of these committees must hold higher administrative grades than the employee under investigation.

This research highlights the legal regulations governing the procedures for establishing, managing, and supervising private educational institutions under the jurisdiction of the Iraqi Ministry of Education. It focuses on the provisions of the Private and Foreign Education System No. (5) of 2013 and examines the adequacy of these rules in regulating the process in a manner that ensures full legal legitimacy.
The study also explores how these institutions are monitored, identifies the entities responsible for exercising supervisory authority, assesses the effectiveness of their oversight, and analyzes the legal framework adopted for this purpose.

This research explores the philosophical concepts of rights and duties, examining their types and their significance in regulating social relations and achieving a balance between individual freedom and social responsibility. The study demonstrates that a clear understanding of rights contributes to the promotion of justice and freedom, while duties reinforce both individual and collective responsibility—fostering the development of more stable and equitable societies. The research emphasizes the importance of enhancing philosophical and ethical awareness of these two concepts and advocates for the development of policies that promote balanced and responsible social interactions. It also highlights the need to support future research that deepens our understanding of the social and ethical dimensions of rights and duties in contemporary societies.

The success of a state's administrative system and its public services hinges on several fundamental pillars, foremost among them the extent to which public employees fulfill their duties, uphold ethical standards, and demonstrate integrity and honesty—within the framework of laws and regulations governing public service. Accordingly, public administration in state institutions—regardless of their nature—strives to ensure that its operations conform to the constitution and the law. This is particularly important, as the administration is responsible for enforcing the law and maintaining the smooth operation of public services, which provide essential benefits to both individuals and society at large.
Iraq is considered the first Arab country to enact legislation regulating public employee discipline. This legislation clearly defines the duties of public employees and the penalties applicable in cases of violation. Since a public employee’s failure to meet their legal obligations disrupts the continuity and efficiency of public services—an objective at the core of administrative law—the law holds such employees accountable. When an administrative violation occurs, the employee is subject to internal investigative procedures, and if the violation is substantiated, the competent authority imposes the appropriate disciplinary sanction. In some instances, the act may also constitute a criminal offense under the Penal Code. Consequently, the legislator has established specific penalties for public employees who breach their duties and responsibilities.

The research should be in public law, or private law, and the study of judicial decisions related to each law, as well as the study of comparative laws, with the aim of developing laws in force.Concerned with legal studies of a practical and theoretical.