JOURNAL OF AL-QALAM UNIVERSITY COLLEGE

The modern trend, most notably the General Data Protection Regulation (GDPR), recognizes personal data as an inherent right inherent to legal personality, which necessitates the establishment of special liability arising from a mere breach of processing controls without the need to prove traditional harm. The study revealed a significant legislative delay in a number of systems, including the Iraqi legislative system, in codifying the protection of personal data or recognizing digital privacy as an independent civil right. This gap has made it difficult for the processing entity to sue for breaches in the absence of technical legal standards or specialized proof mechanisms

This research studies the authority of federal regions to conclude international contracts with external entities, whether states or multinational companies. It studies the potential impact of such contracts on the national sovereignty of the federal state by assessing their compatibility with constitutional rules. In this context, a case study will be applied on the oil contracts concluded by the Kurdistan Region with international energy companies as a model.
The research will study the legal texts which the Kurdistan Region relies on in concluding oil contracts, in accordance with rules of constitutional and international law. It will also study the extent of these contracts with Iraqi federal laws and Iraq’s international obligations, particularly in the energy sector, in view of Iraq’s membership in the Organization of the Petroleum Exporting Countries (OPEC). As well as, the research will address the international aspects of oil contracts by analyzing relevant international treaties that federal regions may depend on. Furthermore, this research will highlight the political and economic challenges that facing oil contracts and their effects on the mechanisms used to administer natural resources. It will also discuss the implications of these contracts for the concept of national sovereignty, particularly in the light of differential legal interpretations between the federal government and the Kurdistan Regional Government.
The aim of this study is develop a comprehensive perspective on the best mechanisms to ensure a degree of autonomy for federal regions within a federal system, allowing them to enter into international contracts that contribute to their economic development while maintaining national sovereignty, by proposing legal recommendations to promote cooperation between the federal government and the Kurdistan Region, ensuring the region’s autonomy in administering its affairs while
maintaining national sovereignty.

We conclude from this study that the risks of bank loans are the likelihood that borrowers will fail to repay the amounts of the loans, their interest, and all other agreed-upon expenses to the lending bank, resulting in some legal consequences such as losing part of its capital in addition to the additional costs of monitoring these loans, which could lead to bankruptcy.
The management of these risks encompasses all the processes and procedures before or after the realization of bank loan risks, which are carried out by the relevant authority in the bank to avoid or minimize the losses caused by these risks. The bank is also obligated to avoid loan risks before granting a loan by conducting due diligence on the customer. After the loan is granted, it is required to monitor the granted loan and manage its risks if they materialize. There are many risk mitigation measures, including guarantees provided by the customer, capital adequacy standards, cash reserves, and restrictions imposed by the central bank or financial institution, as well as diversification and participation. There are also means to transfer risks when they occur from the lending bank to a third party, such as loan insurance, securitization, and financial derivatives.
We also do not find the application of financial derivatives contracts or loan securitization in Iraqi banks as means to mitigate the risks of bank loans, because these modern tools require a stable financial and commercial environment, economic stability, and regulations that are compatible with their nature, in addition to legislative stability.

Adhesion, in general, is one of the reasons for acquiring ownership, whether natural or artificial. It is the connection and mixing of two things by nature or by human action. This mixing, in one way or another, makes it impossible to separate them from each other without damage.
The concept of adhesion involves a landowner constructing structures or planting crops on his own land using materials owned by others, and vice versa, where the owner of the materials for the structures constructs or plants crops on someone else's land using materials from others. These cases are called artificial adhesion.
By referring to Iraqi Civil Law No. (40) of 1951 and comparative civil laws regulating the provisions of adhesion, it becomes clear that the legislator has regulated the cases of adhesion, its provisions, and its effects, as we will examine in this research.

This study aims to examine the limits of judicial review over administrative decisions of a political nature by analyzing their legal characteristics and distinguishing them from ordinary administrative decisions. It explores the extent to which the judiciary can intervene to assess the legality of these decisions within the framework of legal and procedural controls. The research focuses on the balanced role that administrative courts must play in protecting rights and freedoms while respecting the principle of separation of powers and not encroaching upon the discretionary powers of the executive authority. The study also addresses the obstacles facing judicial review, such as legal ambiguity, political pressures, and difficulties in accessing information, in addition to the legal safeguards that support judicial independence and enhance the effectiveness of judicial oversight. Through this analysis, the research emphasizes the importance of developing relevant legislation, enhancing transparency mechanisms, and providing legal training for judges and administrators to achieve balanced judicial review that ensures legality, preserves political stability, and protects individual rights simultaneously.

It is recognized that the law and even the administrative judiciary recognize the exceptional rights, powers and privileges of the administration in issuing certain controls, where the forms of amending the terms of the contract in accordance with the change order are varied, as they differ according to the circumstances surrounding them Where the forms of change orders are represented in public works contracts, and I mean the scope of the amendment, in the authority of the administration to change the size and quantities of contracted works by increase or decrease, change the location of the implementation of the operation, and amend the means and methods of implementation stipulated In the contract, and amend the period of implementation of the contract by prolonging or shortening it as required by the public interest, as well as the scope of the amendment to change the type of works, which is known as new works, and the administration can direct to the public works contractor change orders containing any of the aforementioned images during the execution of the works. The contractor may request compensation from the competent court for the value of the excess works carried out in implementation of the change orders issued to him by the competent authority in excess of what was agreed upon, or request an increase in the period ...

Financial rights are divided, according to civil law, into real and personal rights. These rights differ from one another in terms of their components and subject matter. Real rights relate to a specific material thing, while personal rights are owed to the debtor by virtue of the personal right. Furthermore, real rights are exclusively included in civil law codes. They also differ in that a personal right must involve two persons and a subject matter, unlike a real right, which is limited to the subject matter and its owner. Real rights, especially subordinate ones (real securities), must have certain advantages, most notably priority, which grants the holder priority in executing the subject matter over other ordinary creditors and creditors of the private insurance holder, who are subordinate to the holder of the insurance. In addition to this advantage, the holder of the real insurance is granted the advantage of tracking to pursue the subject matter of the insurance wherever it moves or changes hands. However, we note that these advantages are not comprehensive of everything the legislator considers to be real rights in full. Rather, there are exceptions, where these advantages (tracking) are not available in all cases. Rather, they are unique in one advantage, without being limited to a fixed subject matter or a specific object. However, it applies to everything the debtor owes. On the other hand, we have seen that there are rights that possess all the characteristics of real insurance (privileges), but the legislator did not include them among the subsidiary real rights. This constitutes another contradiction, as subsidiary real rights are considered exhaustive.

The issue of international intervention to impose democracy has sparked widespread controversy in international jurisprudence, raising questions about the legitimacy of this type of intervention under the principles of international law, especially the principle of non-interference in the internal affairs of states. On the one hand, some believe that this type of intervention may be justified in exceptional cases to end gross violations of human rights, especially if the state is unable or unwilling to protect the rights of its citizens. On the other hand, others believe that this type of intervention, even if justified by human rights, represents a violation of state sovereignty and must be subject to strict controls, especially given the possibility of it being exploited as a pretext to achieve private interests.

Since Vladimir Putin assumed power in 2000, the Russian Federation has been keen to adopt strategies that would restore its international standing, investing in its geopolitical assets that have allowed it to possess important vital areas that it can exploit to emerge as a great power, It can challenge the unilateral hegemony of the United States over the international system since the end of the Cold War, after years of being torn between its Western and Eastern identities, despite its somewhat diminished economic capabilities, especially after the Russian-Ukrainian war that broke out in 2022..

This research addresses the philosophical and intellectual foundation of the constitutional lawsuit petition, as a legal means through which individuals or competent entities can challenge the constitutionality of laws or procedures before the constitutional court. This research represents an attempt to understand the deep nature of this petition, not merely as a formal legal procedure, but as a tool with a philosophical dimension that expresses a constant struggle between authority and rights, between text and interpretation, and between law and politics.
This research also aims to analyze the philosophy of the statements included in the constitutional lawsuit petition, by examining the legal, functional, and intellectual implications of each statement that must be included in the petition. The statements listed in the lawsuit petition are not just formal elements, but essentially reflect the constitutional thought and the philosophy of judicial review of the constitutionality of laws.The research discusses how each statement in the petition represents a building block in establishing a sound constitutional lawsuit that lays the foundation for balanced objective oversight, while simultaneously revealing the delicate balances between the principle of separation of powers and the individuals’ right to access constitutional justice.

It is known that regulating and controlling human behavior toward the environment, which provides essential services to humanity. Is a matter related to the natura environmental principles stipulated in religious laws.These principles were presented in the form of binding,lofty principles, and were later consolidated in the of positive principles embedded in international legal conventions.T0gether, these principles can form an international legal basis that supports the establishment of legal rules for the environment

Crime and its development has come with the development of man over time. As man has gradually and rapidly moved to develop his criminal act from using traditional actions, deeds or tools in committing his act to using modern technologies such as the Internet and electronic programs to achieve his criminal goals, thus violating all limits related to the protection of human rights, especially his right to life, to live in peace and to protect his body from harm. Therefore, the issue of crime is one of the important issues that concerns the international community, So the crime has developed in its methods, perceptions, concepts and ways of spreading, such as organized crime, kidnapping in its various forms, human trafficking, money laundering, …etc, Such actions have recently become one of the most prominent non-traditional sources of threat to international peace and security. Therefore, based on the above, this study has been to explain the phenomenon of kidnapping and organized crime and the extent to which the crime of kidnapping can be considered within the framework of organized crimes, trying to identify the scientific meaning of the crime of kidnapping by defining it and explaining its pillars, characteristics, and similarities and differences between it and organized crime and ways to confront it on the national and international levels and limit its activity.

This research presents a comprehensive analytical study of the concept of wahy (revelation) in Islam, exploring its linguistic and technical meanings, its various forms as presented in the Qur’an and Sunnah, and its role as a source of divine knowledge. It differentiates between revelation, inspiration (ilhām), and mystical unveiling (kashf), while examining the characteristics of revelation and the rationale for its necessity. Drawing upon Shi‘a theological heritage and modern academic discourse, the study addresses key contemporary challenges and misconceptions regarding revelation, concluding that wahy remains the ultimate form of divine-human communication and the foundation of authentic religious epistemology.

If the bank has been exposed to one of the reasons for dissolution and this dissolution has occurred, and it is unable to remedy the situation, a liquidator is appointed to carry out the liquidation process. If the liquidator fulfills all of his duties, obligations, and liabilities, the liquidation process ends. If all of these requirements are met, the bank enters a subsequent and resulting phase of this process, i.e., the effect of the liquidation process is the division of the bank's assets that have been liquidated It is worth noting and important that the division of the bank's assets is not valid until the creditors have received their rights and after deducting the amounts necessary to pay the unresolved or disputed debts. This means that the division takes place after the bank's liquidation is fully completed and the bank's legal personality is eliminated. Any actions taken by the liquidator after that are void, except those designated for division and with the permission of the shareholders.

With scientific and technological advancements, decision support technologies have emerged, characterized by intelligence and autonomy. These systems are capable of making decisions independently, without human intervention, due to the integration of sophisticated software and sensory hardware enabling perception and processing. Their operation often requires access to user-specific data, which is typically of a confidential nature, thereby raising concerns regarding data privacy.
In the course of fulfilling their intended functions, such technologies may cause harm to users or third parties whether material, such as personal injury or damage to property, or moral, such as the violation of privacy through unauthorized access to sensitive data. This gives rise to the question of liability: who is responsible for such harm? Particularly since various actors are involved in the lifecycle of these systems, including developers, internet service providers, and end users.
The unique nature of these technologies renders the application of traditional tort liability rules problematic, highlighting the need for a modern legal framework capable of providing effective protection for users. In the absence of specific legislative provisions, legal scholarship has been divided: some jurists advocate for adapting traditional principles to encompass these emerging issues, while others call for the creation of new legal doctrines that align with the distinctive nature of these technologies.

The study addressed administrative responsibility for the use of artificial intelligence. Administrative institutions can use artificial intelligence systems in all their work, providing opportunities to improve performance, accuracy, and speed in various fields, including achieving equality among citizens and developing public facilities. Its technologies are considered one of the most important necessities of society, and it is also the most advanced technology at the present time. Artificial intelligence systems perform tasks and actions based on independent individual decisions similar to those made by humans, which requires granting it a legal status commensurate with its practical nature. This use may result in some errors that result in harm to individuals as a result of the illegal use of artificial intelligence. This requires identifying the pillars of administrative responsibility for these harms, and clarifying the position of the administrative judiciary on the use of forms of liability to prove the occurrence of harm resulting from the use of artificial intelligence.

This study examines the linguistic phenomena in the poetry of Muhammad al-ʿAdnānī, focusing on three main levels: phonetic, morphological, and syntactic. The research adopts a descriptive-analytical approach, analyzing selected poems to highlight the linguistic features that shape his poetic structure. The findings show that al-ʿAdnānī used language not only as a communicative tool but also as an integrated aesthetic system.On the phonetic level, he employed sound repetition, alliteration, and th balance between voiced and voiceless sounds to convey emotional tension and pain. On the morphological level, he relied on verb variation, derivations, and intensive forms to intensify meaning and reflect strong emotions. On the syntactic level, he made use of fronting and postponement, emphatic particles, interrogatives, conditional clauses, and sentence variation to reinforce meaning and highlight the depth of his poetic experience. The study concludes that the linguistic structure of al-ʿAdnānī’s poetry is a key factor in understanding his stylistic uniqueness and that his work deserves further linguistic and semantic studies.

This study aims to identify international security efforts in the field of combating cybercrime and show their cross-border characteristics. In order to combat these crimes and their important impact, on the economic, military and security aspects, we touched on some collective and private international efforts in this field, in addition to some local efforts.
The countries of the world whether developed or developing, have expanded their common procedures to reduce these crimes, based on a set of treaties and conventions to confront and combat these crimes, including the Budapest convention on combating cybercrimes, which is one of the main international means in this regard, but other international efforts are necessary because of the unlimited specificity of these crimes and their link to technology, which has become constantly developing.