Journal Of the College of law /Al-Nahrain University

This study aims to shed light on the importance of financial legislation in enhancing family security, as a fundamental pillar of societal stability. It examines how financial laws—such as taxation and fee regulations, social security provisions, housing support, and wage and salary laws—contribute to protecting families from economic fluctuations and challenging living conditions. The study further illustrates how such legislation ensures a fair distribution of resources, provides safety nets for low-income households, and reduces social disparities, thereby fostering financial and psychological stability within the family. The study concludes that the effectiveness of these legislations requires continuous updates and consideration of economic and social changes, in order to achieve integration between financial and social security for families.

This research aims to shed light on the work carried out by the Family and Child Protection Directorate under the Ministry of Interior to reduce the phenomenon of domestic violence in our society. The Ministry has been keen to ensure security and stability for society as a whole, and for families in particular, through various measures, foremost of which was the establishment of new directorates — including the Family and Child Protection Directorate — based on a recommendation from the Higher Committee for Family Protection, formed under Diwani Order No. (80) of the year (2009). This initiative aligns with the rights of the family, especially women and children, as guaranteed by the Iraqi Constitution of 2005, specifically in Articles (14, 15, 29, and 30). The study outlines the operational mechanisms of this directorate and the measures taken to reduce domestic violence, while also identifying the obstacles and challenges that hinder the effective performance of its duties.

Intellectual globalization represents one of the most significant challenges facing contemporary societies, as it threatens their civilizational identity and undermines their value systems through multidimensional too، Amidst this challenge, debate arises regarding the capacity of constitutional and legal systems to counter these influences while maintaining balance between the requirements of local identity and the necessities of engaging with the global system The research focuses on the Iraqi case, analyzing the constitutional safeguards in the 2005 constitution, particularly Article (2) which establishes Islamic identity, and Article (46) which balances freedoms with the preservation of values. It also examines the effectiveness of judicial mechanisms in confronting these challenges، The study concludes with the necessity of developing comprehensive legislative policies that achieve equilibrium between protecting cultural specificity and benefiting from globalization's advantages, while strengthening the judiciary's role as a protective
fortress for national identity amidst rapid global transformations

The family is the fundamental building block, the nucleus of human development from which values, customs, and traditions emerge. The mother plays a pivotal role in raising children, providing them with security and social support. Therefore, maintaining her safety and well-being is essential for the advancement, sustainability, and stability of societies.
As a result of the developments witnessed by the world in recent decades, and the emergence of technology and its misuse by others, numerous incidents of domestic violence have occurred. Family security has been imposed in various forms, both direct and indirect, including physical, verbal, or psychological harm. Indirect forms of violence include threats, kidnapping, disappearance, and harassment.
The study of the protection of the right to family security in Iraqi society is a result of the Iraqi community's awareness of the importance of the family, and, currently, the international community's awareness of the concerted international efforts to combat these weapons.
In this research, we will address the topic of clandestine violence, as it is a sensitive force considered a member of the family, and outline the national practices that exist to overcome the obstacles that prevent it from doing so.

The family is the nucleus of society; if it is healthy, society as a whole is healthy Family members are supposed to live a peaceful life free of violence. However, reality suggests otherwise, especially in recent decades. Domestic violence against the "weaker" family members, namely children and women, is a persistent public health problem that negatively affects the mental and physical health of children and women and endangers the social fabric. Therefore, it is necessary to enact legislation and develop policies at the national level that include a way to prevent and reduce this phenomenon, in addition to drawing up strategies and concluding agreements at the international level that represent a framework for preventing violence against women and children and enhance the role of the state in protecting its citizens.

Criminal security is one of the branches of legal security, and it means the penal procedures taken by the concerned authorities to combat crime in society, to achieve community security, which is achieved when members of society feel peace and security away from the circle of tension and fear. Criminal security is linked to community security, which is one of its most important components on which it is based to achieve the desired goal.
Criminal security includes a set of procedures, but the research cannot accommodate all of them, so we limit it to the extradition of criminals, because it is a necessity for achieving community security, as it is one of the preventive means to protect society from the criminal danger lurking in the souls of criminals required to be extradited. This danger must be eradicated and eliminated before it produces its negative effects in society

The family is the fundamental building block of society, and upon it depends the building of society and its correct conduct. Therefore, we find that most constitutions, including the 2005 Constitution of the Republic of Iraq, have paid great attention to the family, preserving its rights and protecting it from any potential aggression. These rights and the protections provided for in the constitution are well-known. It is well-known that any breach or violation of the family is likely to affect society and hinder its constructive progress.
Protecting the family and guaranteeing its rights in the constitution is one of the most effective means, as the constitution is the supreme law of the state, which prevails over all other laws. Everyone must respect and abide by it.
The family is the fundamental nucleus of society, and providing it with protection, maintaining its stability, and preserving its integrity leads to the protection and stability of the child.
Thus, we find that the family occupies a special place and great importance in the constitutions of most countries, regardless of the nature of the system upon which it is based, as it is the fundamental element of society. A healthy family means a healthy society and a healthy child. Many social, economic, political, and legal factors are involved in protecting the family. The most important of these factors is the moral factor, which determines the relationship between family members and their relationships with others.
Islamic law has established the foundations upon which the family is built, including regulating the marital relationship by setting forth the conditions that must be met for it to be valid, clarifying the rights and duties of each party toward the other, and the relationship between parents and children, which determines the role of the child within the family and the family's relationship within society. The 2005 Constitution of the Republic of Iraq established constitutional protection for the family through several articles, including Article 29 (1), which states that "The family is the foundation of society, and the state shall preserve its entity and its religious, moral, and national values."
The Constitution also stipulates the guarantee of the family, the provision of protection, and the development of its capabilities, as stipulated in Article 29 (2) of the aforementioned Constitution, which states that "The state shall guarantee the protection of motherhood, childhood, and old age, and shall care for children and youth, and provide them with the appropriate conditions for the development of their talents and abilities."
This demonstrates that the Constitution not only protects the family as the fundamental nucleus of society, but also establishes special institutions for the care of motherhood, childhood, and the elderly.
The Constitution does not only provide protection for the family and children, but also defines the rights and duties of parents and children. Among the rights of parents over their children are respect and care, especially in cases of disability, old age, and destitution. The rights of children over their parents include upbringing, education, and care. The Constitution also stipulates measures to prevent the economic exploitation of children and all forms of violence and abuse within the family, school, and society. The above demonstrates that the family in the Iraqi Constitution, as in the constitutions of most other countries, receives significant attention and care, as the well-being of society depends on the well-being of the family, and vice versa

The family represents the fundamental pillar in building society. If it is sound and protected from all possible threats, we can develop a society built on sound and solid foundations. In fact, several factors, from various angles, influence the process of building a family on sound foundations. The prevailing customs, traditions, and norms in society have major repercussions on the development of families. Similarly, state policy and the degree of attention and care it gives to the family have a significant impact on the structure of the family and its life path. In today's world, with the growing influence of international law on the local level, states' accession to numerous diverse agreements and treaties, and the penetration of international conventions and their attention to the smallest details, the family entity in Iraq has become in the midst of rapid changes. The nature and degree of this change varies, both positively and negatively, as a result of changes in the religions, cultures, and customs of peoples, which the United Nations Charter, in its general framework, affirms respect for. However, international agreements based on the Universal Declaration of Human Rights have not and will not have the same degree, impact, and broad acceptance, response, and application across different nations. Hence, the role played by international legislation in influencing political authority in Iraq cannot be denied, in terms of joining agreements related to the family and translating its obligations into reality in Iraq

This research aims to examine the intertwined relationship between feminist theory and its impact on the development of new and innovative critical studies on the subjects of the state and international relations. Interest in feminist studies influences theoretical development in both the fields of state studies and international relations studies. Developments in political science (state and international relations) have influenced interest in feminist reality, both internally within the state and at the level of international relations and the efforts of international organizations.
The hypothesis in this field confirms that the state, as a system of social, political, and legal values, affects women in multiple and interactive ways, and that the conditions in which women live and the activities of feminist movements influence the state.
The theorizing and calls by activists in feminist movements for gender equality have begun to influence the state, and the pursuit of the state being neutral toward different groups and gender. The development of feminist theory in the study of the state and international relations has emphasized the importance of women's security as a crucial component of state and international security. This has prompted international organizations to emphasize the importance of women's participation in constitutional institutions and civil society institutions. And protection from acts of violence (and prevention) and relief and recovery from its consequences. Iraq was not immune to these developments, as there were calls by some countries and feminist movements to lift the (economic sanctions) embargo on Iraq from 1991 to 2003, considering that it affects social security, including children and women. In 2003, there was an effort to establish a prominent role for women in political institutions through the political (quota). As for what Iraq witnessed of violent incidents by the extremist terrorist groups ISIS from 2014 to 2017, and the taking of women as prisoners of war and (spoils), and what followed from the presence of families of the terrorist organization and the presence of camps for them in northeastern Syria (Al-Hawl camp), which increased the danger of the remnants of this organization and required adopting a policy of rehabilitating extremists and then integrating them, which necessitated attention to the issue of women’s security, whether at the national, internal or international levels

This research aims to highlight the role of criminal policy in confronting this crime by analyzing the legal, preventive, and therapeutic mechanisms adopted by the state to combat drug abuse and limit its spread within the family fabric. The study also examines the shortcomings in the criminal justice system and presents ways to enhance it in order to effectively protect family security

The necessary protection for the family as the nucleus of society and the basis of its stability and growth is linked to the necessity of security, given the direct relationship between them.The presence of a sound, socially and economically safe environment for the family guarantees its survival and sustainability.On the contrary, family security is threatened whenever the legal texts for its protection are incomplete in terms of legislative drafting.These are the most important challenges, considering that legislation is the basis for achieving this security, in addition to the contemporary challenges that the family may face, such as digital transformation and cyber attacks And external risks that threaten the human and emotional security of the family, and since family security in general is considered a social necessity, due to its close connection to the security of society as a whole, these challenges must be overcome, in order to achieve a safe environment, the correct socialization of the family, and enhance its stability, as guaranteed by the Constitution.Iraq, effective for the year 2005, through good drafting of the law and improving its application as it is the tool guaranteeing the protection of family security, and urging governmental and private institutions Including social institutions to enhance the application of the law by holding seminars and providing educational programs and workshops to raise community awareness of the necessity of protecting the security of the family with all its components and providing adequate support to provide that protection.

The duty of raising children within the family and the responsibility of raising them in a righteous manner falls on the parents. This is done within a framework of cooperation between them to teach their children good values and noble principles. Rewarding those who strive and punishing those who fail are essential for this purpose.
However, punishment should not be left to the discretion of the parents and their whims. Rather, it must be determined by rules governed by religion and law. Since we intend to write a legal study, we will limit ourselves to the legal aspect only.
The domestic laws of countries, and later international law, have established standards to determine the scope of punishment necessary to discipline those who fail within the family. This is done to prevent them from becoming a mere tool for revenge and vindictiveness, as well as to prevent excessive levels of violence.
To shed light on the legal position on violence against children in international and domestic law, we divided the study into two sections: the first devoted to research within the scope of international law, while the second examined the position of Iraqi law.

The family and its associated institutions have occupied, and continue to occupy, the largest portion of social studies, which legislators have deemed necessary to protect and preserve, thereby strengthening the status of the nucleus of society. The fact that the family is the primary environment in which a child is raised and nurtured makes it a fundamental factor in the individual's well-being, particularly within Iraqi society, which has many customs and traditions related to the family. Although these customs and traditions have a historical origin and heritage passed down through generations, Iraqi legislators have paid particular attention to them, elevated their status, and criminalized all behaviors that contravene them, seeking to define a legislative framework within the penal code to protect these customs and traditions.

Intellectual security is a fundamental pillar of societal stability, aiming to protect individuals from destructive ideologies and extremism while ensuring freedom of thought within a legal and ethical framework. In this context, the protection of intellectual property rights plays a crucial role in strengthening intellectual security by safeguarding creators’ rights and preventing unauthorized exploitation of their works. This study explores the relationship between intellectual security and intellectual property rights in law, analyzing national and international legislation that balances creativity protection with freedom of thought. It also highlights contemporary legal challenges and potential solutions.

Research on constitutional ideology and its impact on legislation represents an important area of legal studies. This is perhaps due to several considerations, the most important of which is that it helps the researcher understand the philosophical and historical background of the legal text. This ideology will inevitably be reflected in constitutional protection, as constitutional courts find themselves obligated to protect the identity of their constitutions and strive to adapt legal rules to the nature of these identities. The French and Iraqi experiences are considered important in this field, as they move in different directions regarding their vision of the place of sub-identities in the legal structure. Hence, the importance of this study in revealing the outcomes of these two experiences and analyzing their results in the field of family legislation.

Psychological tranquility and reassurance constitute the essence of family security. This security is inherently influenced by various social transformations, particularly those related to political, social, economic, and security conditions, all of which inevitably reflect upon the family unit as an integral component of the broader social structure. The individual’s failure to adapt to such changes may result in a disruption of familial security, which often manifests in the form of emotional or psychological violence among family members. Such manifestations may include harm to an individual’s mental or psychological well-being, or offenses that affect one’s dignity, reputation, or honor. The degree of impact caused by emotional abuse varies depending on the individual subjected to it. For example, harm to honor, dignity, and reputation may be particularly pronounced in relationships between spouses or between parents, while psychological or mental harm may be more severe in the case of children, given their developmental vulnerability, potentially leading to deviant behavior. This necessitates a differentiated approach to criminalization and punishment, one that takes into account the specific category of the victim as well as the nature of familial ties, traditions, and social norms. Accordingly, it is concluded that emotional or verbal domestic violence requires explicit legal recognition of the kinship relationship as an aggravating factor in cases where verbal abuse is coupled with physical violence. Furthermore, due to the entrenched nature of family disputes, the incorporation of family mediation is recommended as a mechanism for conflict resolution, addressing root causes, and reinforcing social bonds

The family is considered the nucleus of society and the fundamental building block of its structure. However, it sometimes transforms into a dangerous environment that violates the rights of its members, especially vulnerable groups. Perhaps the two most prominent groups subjected to violence within the family are children and women. This is evident in the focus of Iraqi laws and the laws of other countries on criminalizing all attacks against these two groups. However, recently, domestic violence has emerged against groups other than the two mentioned above, namely men, people with disabilities, and the elderly. These groups are subjected to violations and attacks no less serious than those against women or children, whether these violations are physical, financial, psychological, or legal, such as malicious accusations or extortion. Therefore, this research will shed light on the effectiveness of legislation in providing protection for these vulnerable groups within the family, the ability of these laws to achieve a balanced approach in providing protection for all the aforementioned groups, and the most important difficulties that undermine protection for these groups, most notably societal stigma and the difficulty of proving their rights in court

The foundation of building a society is the existence of a cohesive family and harmonious and understanding family members. The Iraqi legislator did not address domestic violence crimes with a specific law, but rather made the penal provisions for confronting violence committed against girls (daughters) scattered throughout the folds of the Iraqi Penal Code No. (111) of 1969. This made the legislative response to domestic violence crimes committed against girls (daughters) as members of the family largely incomplete, which necessitated the enactment of a special law independent of the current Iraqi Penal Code to address cases of violence committed against the family in general and against girls in particular by family members, whether committed by the father, brother, or relatives, in line with the domestic violence that girls are exposed to within the family framework

Family violence crimes are not a phenomenon of the modern era; rather, their roots go back to ancient times. The story of Cain killing his brother Abel is often cited as the first instance of domestic violence in human history. This type of crime is considered one of the important issues that criminal legislation seeks to address in order to protect the family, which is regarded as a vital social interest deserving legal protection when unlawful acts occur among its members. For this reason, various societies, whether through governments or civil society organizations, have worked to confront this phenomenon. However, approaches to dealing with it have varied from one country to another. Many developed countries, particularly in Europe, have adopted clear mechanisms, including the enactment of specific laws and the establishment of institutions dedicated to addressing domestic violence. In contrast, Iraq lacks specific legislation dealing with such crimes, in addition to the inadequate protection provided by the concerned authorities to the victims of family violence.

There is no doubt that the law is effective in ensuring representative figures, which positively impacts national security in general. This is based on the fact that the individual is the nucleus of the family and society. The family plays a significant role in criminal behavior or its reluctance to abstain from it. Whenever the family is peacefully built upon its beliefs and concepts, fostering a healthy climate and eliminating control over care, awareness, and proper guidance, this will ensure the creation of a crime-free family environment.
We can say that monitoring the family occupies a reliable position in the law, and its purpose is to punish anyone who relies on security to uphold the family's core values. Interfering in personal family affairs is one of the most important aspects of achieving individual policy, in terms of determining the level of criminalization and the standard of punishment. Since the basis for criminalization is social wisdom, it confers a criminal character on certain actions that harm social or family security within the state. As a result of the action, I found that the investigator in Iraq began in certain places to criminalize some procedures that undermine family security by surrounding them with a set of penal instructions

This research sheds light on the concept of intellectual indoctrination among young people, and identifies the legal responsibility of teaching staff in schools, institutes, and universities in confronting this phenomenon. The term intellectual indoctrination is derived from ideology, which is the science of ideas. Intellectual indoctrination means controlling a person's mind and enslaving them intellectually by directing them with ideas that serve hostile goals toward certain parties. Intellectual indoctrination carries significant risks, as it removes the individual from the realm of sound scientific thinking and turns them into a tool serving the interests of others. It is no secret to anyone who is sane how dangerous it is for minds to be targeted by the forces of evil and darkness, and to be used for hostile goals toward a particular nation or people. Intellectual indoctrination has numerous treatments, as it can be confronted by the family, the state, or non-governmental organizations. However, in this research, the discussion will be limited to the role of teaching staff in confronting the intellectual indoctrination of students. Although there are no explicit references in Iraqi laws regulating the teaching profession regarding the problem of intellectual indoctrination and the duty of teachers, instructors, or university professors to address it, this does not mean that there is no legal basis for the aforementioned individuals' duty to address this dangerous phenomenon. There are implicit references that can be used to establish the subject of our research

Family rehabilitation of the juvenile delinquent represents one of the most essential pillars in addressing juvenile delinquency, as it focuses on reintegrating the juvenile into their natural environment and activating the family’s role in correcting their behavior. Social, psychological, and legal studies have demonstrated that a stable and healthy family is the first refuge and the primary line of defense in protecting the juvenile from deviation. Moreover, involving the family in care and rehabilitation programs significantly contributes to the effectiveness of the rehabilitation process after release.

The Iraqi Juvenile Welfare Law reflects its emphasis on this aspect by allowing the juvenile to be handed over to their family following conditional release, along with obtaining a formal commitment from them to provide proper care. This highlights the Iraqi legislator’s conviction that the family is a key partner in the rehabilitation of the juvenile, acting not independently, but under the guidance and direction of the state.

Accordingly, the importance of providing psychological, legal, and social support to the family becomes evident to ensure the success and continuity of the
rehabilitation process in an effective and sustainable manner

This paper examines the legal and institutional framework for protecting children with special needs from domestic violence in Iraq, grounded in the principle of “the best interests of the child” and in compliance with relevant international conventions. The first section addresses foundational concepts by delineating the statutory definition of a child with special needs under Iraq’s Law No. 38 of 2013 on Persons with Disabilities and the UN Convention on the Rights of Persons with Disabilities (2006). It then defines domestic violence and explores its particular manifestations against this vulnerable group, assessing both its psychological and physical impacts.
The second section focuses on the national and international legislative framework for safeguarding children with disabilities. It reviews Iraq’s Child Protection Law No. 21 of 2015 and the Domestic Violence Protection Law No. 8 of 2010, alongside international instruments (notably the UN Convention on the Rights of the Child, 1989). The discussion then turns to the monitoring and prevention mechanisms operated by social and judicial institutions—including rapid-response reporting centers and family protection units—and to urgent intervention and remedial measures through protection committees, medical and psychological services, rehabilitative programs, and the issuance and enforcement of judicial protection orders.
A descriptive-analytical and comparative methodology was employed, supported by official reports and interviews with experts in the judiciary and social work. The study finds that coordination gaps among ministries and inadequate field training for practitioners delay timely responses. It concludes with a set of recommendations aimed at aligning legislation with practical needs, strengthening inter-agency cooperation protocols, and developing specialized training programs to ensure comprehensive and sustainable protection of children with special needs against domestic violence

Economic challenges and student enrollment rates are among the most important topics that reflect the family and the economy: challenges and opportunities in a changing world, as investing in the minds of generations is a strategy for achieving economic prosperity. The research aims to understand the underlying causes of low student enrollment rates and identify appropriate solutions. It also outlines strategies for improving student enrollment rates and developing the education system in Iraq, and the effectiveness of educational policies adopted during this period in addressing the nature of economic challenges. The research finds that financial and administrative corruption in the Iraqi education system, a lack of funding for educational infrastructure development, the deterioration of school buildings, conflicts, and internal displacement have affected student enrollment rates. Schools suffer from poor resource allocation and weak management, leading to a deterioration in the quality of education and an increase in student dropout rates. The research recommends supporting academically outstanding students and providing scholarships to encourage them to continue their studies. Scholarships should not be limited to providing financial amounts, but should also include providing training opportunities to enhance student learning