Al-Kitab Journal for Human Sciences

The preset research deals with a historical overview of the Supreme Courts in Iraq in the Constitution of the Royal Era called the Basic Law of the Kingdom of Iraq in 1925 and the Republican Era in the Constitution of 1968, as the Constitutions of 1958, 1963, 1964 and 1970 were devoid of any reference to any constitutional court. The focus is basically on the Federal Supreme Court in the Iraqi State Administration Law for the Transitional Period in 2004 and in the Constitution of the Republic of Iraq in 2005 which went through two stages, and then the Constitutional Council which was transformed into the Constitutional Court in Algeria. Then the structure of the Federal Supreme Court in Iraq, which consisted of three categories: judges, Muslim experts and legal scholars is dealt with. Also, the structure of the Constitutional Court in Algeria and is tackled and then the jurisdiction of the two courts is explained. The research has reached a set of conclusions and recommendations that may benefit the structure and jurisdiction related to the Federal Supreme court.

This study investigates the issue of identity in Aleksandr Solzhenitsyn's One Day in the Life of Ivan Denisowicz, a foundational work of prison literature that shows the daily hardships of a prisoner in a Soviet labor camp under Stalinist oppression. This study concentrates mainly on how the story shows the psychological and existential struggle for identity inside the degrading boundaries of imprisonment. Utilizing a thorough analysis of Ivan Denisovich Shukhov's experiences, the paper discusses how the book addresses the loss of personal autonomy and the strategies by which inmates establish and keep their sense of self during great persecution. Using sociology, psychology, and literary analysis, among other academic frameworks, the study investigates how inmates negotiate their identities in the face of systematic assault, humiliation, and forced labor. It also examines the role of solidarity among inmates and how personal agency and story formation could be weapons for survival and resistance. Finally, highlighting the issue of identity in prison literature helps giving voice to the universal human battle for dignity and autonomy, the psychological complexity of incarceration, and how it affects personal identity.

This research aimed to analyze the impact of cognitive load theory on the effectiveness of microlearning units within the Iraqi educational environment, through an analytical study of instructional design components and levels of educational effectiveness. The study focused on understanding how reducing cognitive load can improve students\' absorption of educational content and contribute to improving academic performance.
The study relied on analyzing a set of microlearning modules applied in the Iraqi environment, and measuring their compliance with the principles of cognitive load theory, such as progressive division of content, removing distracting information, and providing appropriate visual and verbal guidance.
The results showed that adhering to the cognitive load theory in designing microlearning modules increases the level of interaction, concentration, and comprehension of students, and reduces their feelings of mental fatigue. The theory also helps to improve the quality of teaching, especially in environments with poor educational infrastructure.
The researcher recommends training teachers to design mini-modules that correspond to this theory, and integrate it into the curriculum more broadly to achieve more effective and sustainable education.

Citizenship is considered one of the central concepts in contemporary political social and constitutional systems. It embodies the relationship between the individual and the state through his lawful rights and commitments guaranteed by the constitutions and legislations. Furthermore, it is not only limited to legal dimension but also extends to include ethical and humanitarian aspects that foster the spirit of belonging and responsibility. In this respect, Islam has given significant attention to this aspect through advocating for justice, equality and coexistence among community members without discrimination. This is evident in Al-Madina document that established the basis for peaceful coexistence among the civil community during the time of the Prophet Mohammed (Peace be upon him). Accordingly, citizenship is a complete framework that integrates legal principles and religious values which advocate societal peace and foster establishing a rule of law and constitutions.

The obligation to provide information is among the most important obligations stipulated in the law. This obligation has a preventative effect, protecting the contracting party from any defect in consent, particularly with regard to an internet service subscription contract. This contract is confidential, as it contains information that may be unknown to the consumer versus the internet service provider. Such a breach entails penalties prescribed by law, depending on the case, such as termination of the contract or compensation.

The topic of calculating and adding previous and various types of service to a public employee\\'s record is of paramount importance in the life of the employee. This is due to the multiple purposes for which such services are added and the legal, financial, and administrative implications that follow, which may alter the employee’s legal, administrative, and financial standing. Hence, the significance of this study lies in its need for in-depth academic analysis, which we have undertaken through three main sections. In the first section, we examined the calculation and addition of contract-based service and the period of practicing law to the record of a public employee. In the second section, we addressed the calculation and addition of non-continuous or miscellaneous services to the employee’s record. The third section focused on the authority responsible for calculating and adding service, the extent to which this is subject to general registration restrictions under Annex to Instructions No. (119) of 1979, and the means of appealing decisions regarding the calculation and addition of service. The study has yielded several conclusions and recommendations, the most notable of which is the necessity to consolidate and unify the legal provisions related to the calculation and addition of all types of miscellaneous services into a single, unified legal framework, categorized and organized by type, including: Contract-based service, Period of practicing law, Military service, guaranteed service, Period of political dismissal, General registration restrictions.

The study aims to identify the possibility of the impact of relationship marketing to enhance strategic marketing objectives. It indicates that relationship marketing with its dimensions (trust, commitment, satisfaction, social ties, communication) is a marketing strategy that focuses on creating, maintaining and expanding relationships with customers. This comes along with organizations seeking to achieve strategic marketing objectives with their dimensions (profitability, sales growth, market share, building relationships with customers, return on investment). The research includes a number of questions that expresses the study problem, the most important of which is (to what extent does relationship marketing affect strategic marketing objectives?). To answer these questions, a hypothetical diagram is formulated that reflects the relationships and influences between the variables and dimensions of the study. This results in a set of main and sub-hypotheses that were tested using a number of statistical methods for the data collected by the questionnaire as a measurement tool, which has been distributed to (13) clothing stores in the city of Mosul. The study sample represents all employees in those stores, as the number of forms distributed amounted to (180 Questionnaires) forms. The program (Spss V.26) has been used to analyze the data. Finally, a set of conclusions was drawn, the most important of which is “the existence of a statistically significant positive impact of relationship marketing in enhancing strategic marketing objectives”. Based on the conclusions reached by the study in its theoretical and field aspects, a group of recommendations is presented in that respect.

Asset recovery is an effective legal system for reducing corruption crimes. It is an important legal principle stipulated in the 2003 United Nations Convention against Corruption. It is indispensable, as practices and facts have proven the effectiveness of this system due to the deterrence and prevention it provides, and the elimination of the motivation and justification that drive corrupt individuals to commit their crimes. There are numerous national institutions concerned with recovering assets obtained from corruption crimes, and they play a fundamental role in uncovering and tracking cases of manipulation, waste of public funds, and illegal transfers of funds obtained by corrupt individuals through the commission of corruption crimes. The nature and functions of these institutions vary according to the role they perform in this field. Some have a purely supervisory nature, some have a governmental executive nature, and some have a judicial nature.

Divans are formal administrative and regulatory institutions that represent the interface or reflective mirrors of the state\\'s management policy. Some of them also served as treasuries for storing funds. Through the policy directed by the caliphs of the Abbasid dynasty, these divans played a prominent role in guiding the state\\'s agricultural, industrial, commercial, and financial policies. The divans were established according to need, meaning they were not all created at once but rather emerged as a result of the administrative and organizational evolution of society. Their inception was simple, with limited organization and performance, but they became more complex and expanded over time, in line with the tasks assigned to them as state administration grew more intricate. Some divans were characterized by permanence, while others were temporary, ceasing to exist once the need for them disappeared and fading away with the disappearance of the reasons for their establishment. Researching the role of the divans in promoting economic activity during the Abbasid era is considered one of the important topics in Islamic economics. It represents a serious attempt to uncover the theoretical aspects that can, in light of them, enable an understanding of the nature of the legislative rules that assist the state in outlining the main axes of its financial policy. It also aids in diagnosing and understanding the methods of revenue collection, the techniques for gathering taxes, and the ways of spending funds in service of the public interest.

There is a conflict between the consecration of the rights of the nation-state to ensure its survival and the establishment of mechanisms to ensure contemporary human rights, and this conflict has begun to take a place and great attention in the literature of legal and human rights jurisprudence related to the need to maintain and guarantee human rights. Hence, this research focuses on the analysis, study and statement of the mechanisms of balance that guarantee a certain margin of requirements for the balance between human rights and the national security of the state, by addressing the existence of objective and formal conditions to achieve the goal of balance and its requirements, and most countries, regardless of their political systems, are moving towards the consolidation and implementation of their national security requirements.

The present research dealt with the effectiveness of employing contemporary technologies in teaching the Arabic language to fifth grade students (scientific branch) from the teachers\\' point of view (secondary schools in Erbil) as a model. The questionnaire was adopted as a tool for the study, and was distributed to a sample of (65) male and female teachers. A descriptive-analytical approach was adopted to reach the results of the study.
The study concluded that the overwhelming majority of Arabic language teachers agree that there are many real difficulties and obstacles that prevent the use of contemporary technologies in the teaching of Arabic language, which led to the lack of availability of these technologies in secondary schools in Erbil, in addition to the lack of use of what is available on the other hand.

This research addresses the topic of compensation in administrative judiciary and its legal implications. It begins with a preliminary section discussing the compensation claim in terms of its definition, characteristics, conditions, and importance as a legal remedy aimed at redressing the harm suffered by individuals due to unlawful administrative decisions, particularly those affecting public employees.
The study focuses on the legal effect of compensation judgments and analyzes the various dimensions of compensation—both material and in-kind—while outlining the legal basis upon which the judiciary relies when issuing compensation rulings. The research also examines the judicial and procedural mechanisms related to the enforcement of compensation judgments, highlighting the critical issue of the administration’s refusal to execute such rulings and the legal means available to compel compliance, with reference to comparative legislation (French, Egyptian, and Iraqi legal systems).
The study concludes that the legal effect of a compensation judgment is not fully realized unless it is accompanied by actual enforcement. The administration’s failure to execute judicial rulings constitutes a grave breach of the principle of the rule of law and entails multiple legal liabilities, which may be criminal, disciplinary, or civil in nature. The study recommends enhancing enforcement effectiveness by introducing more efficient legal mechanisms to ensure the execution of judicial decisions, such as coercive fines, and expanding the powers of the administrative judiciary to monitor and guarantee the enforcement of its rulings by the executive authority.

The state, in its pursuit of achieving its goal of ensuring the regular and consistent operation of public utilities through the establishment of regulations and instructions governing the work of the administrative institution and its personnel, aims to reach the fundamental purpose and objective of its work, which is the realization of public interest.
In its endeavor to achieve its objective of satisfying public needs, the state requires an effective legal framework to govern public office. Legislation (written text) emerges as the general principle for regulating the affairs of this function. However, administrative custom enters as a very important source alongside legislation, albeit an unwritten one, in order to fill legislative gaps in some areas, interpret ambiguous texts, and complete provisions that may be inadequate to address the developments and changes occurring in public administration.
The importance of administrative custom in the field of public office is evident, as it has become a significant source for many administrative rulings and decisions that have become indispensable in the field of administrative work. It establishes rights for employees, provided that it is characterized by antiquity, generality, and continuity, and does not contradict an existing legal text. It is also characterized by flexibility, to the extent that it has become binding on both the administration and administrative judiciary, as the judge is presumed to have knowledge of the administrative customary rule just as they have knowledge of the legal text.
In Iraq, we note that administrative custom has not attained the status it enjoys in Egypt and France, for example, in terms of studies and judicial applications, in addition to the legislator\\\\\\\\'s lack of interest in administrative custom. It is worth noting that constitutional custom, for instance, holds supremacy even over legislative texts and is considered an important source according to the principle of legislative hierarchy.

This study examines teacher leadership practices among TESOL (Teaching English to Speakers of Other Languages) professionals at three universities in the Duhok region of Kurdistan, Iraq. Employing the mixed-methods design, it uses qualitative interviews from 19 TESOL professionals and quantitative surveys from 70 participants. This study examines the ways in which TESOL professionals enact leadership, the factors influencing their leadership roles, the challenges they encounter, and the broader implications of their leadership practices for student learning and professional development.
Findings confirm TESOL professionals take both formal and informal leadership roles. Formal roles are such as being department heads and members of academic committees, whereas informal leadership involves peer mentoring, facilitating professional discussions, and informing curricular decisions. Most of these leadership behaviors occur without official designation or reward, echoing deep commitment at the individual level to upholding teaching practice and institution quality.
The research establishes various enablers of effective teacher leadership, including institutional cultures supportive of positive practices, explicit policies, and availability of needed resources. Yet, critical challenges like excessive work, reduced funding prospects, and resistance from administrators or colleagues can obstruct leadership initiatives and curtail their long-term impact.
In spite of all these obstacles, teacher leadership was confirmed to have positive effects on student engagement, achievement, and the classroom learning environment. It promotes continuous professional growth through facilitating collaboration, innovation, and reflective practice among TESOL instructors.
This study adds to the scant literature on teacher leadership in the context of higher education in Iraq-Kurdistan and similar environments. It offers recommendations for university administrators and policymakers to foster teacher leadership through well-planned development schemes, policy support, and specific resource deployment.

The use of artificial intelligence technologies has become a reality, requiring changes in lifestyles in various fields. This requires facing all the challenges that arise from this, most notably legal challenges. Regarding civil liability, when this technology causes harm to its beneficiaries and users, this requires the legislature to intervene to address errors made by AI tools and technologies, and the resulting risks, if traditional legislation fails to address them.
Some jurisprudence suggest that the provisions of contractual liability can be applied to certain instances of the use of artificial intelligence technologies, when the error arises from a contractual relationship. Tort liability also applies to the person responsible for using a robot or self-driving vehicles, or in the event of their use in banking operations. The judge hearing the dispute must determine who is responsible for the damage caused by such use: the owner, the supervisor, the manufacturer, or the programmer. The study concluded that traditional civil liability rules are insufficient for damages resulting from the use of artificial intelligence. It is necessary to update them and establish specific legal rules that address civil liability provisions for the use of artificial intelligence, so as to include AI technologies within their scope.

Human organ transplantation is considered one of the most critical surgical procedures, requiring a donor to voluntarily give one of their organs to a patient in urgent need of a healthy organ to replace a damaged one that no longer responds to conventional treatment. Due to the high risk involved in such operations, their impact on the sanctity of the human body, and in order to curb the trafficking of human organs, national legislations have intervened to regulate and define the parameters of these procedures from various aspects, including specifying the individuals eligible to donate organs and tissues. Legislators have generally agreed to limit organ donation to nationals of the same country, given the scarcity and precious nature of human organs and the belief that nationals should have priority over foreigners. However, for humanitarian and medical reasons, the laws have exceptionally allowed foreigners to undergo organ transplantation, but under the condition of kinship. That is, whether the foreigner is a donor or a recipient, they must be a relative of the national. In order to clarify and explore the above within the scope of private international law, and to delineate the boundaries of organ transplantation between nationals and foreigners, we have adopted a comparative legal approach to arrive at the best outcomes and recommendations

This research aims to identify the role of international governmental organizations in the protection of biodiversity in the high seas. These organizations have many means and mechanisms to address the phenomenon of damage to the marine environment, and their role is very effective. This is evident through their direct development and implementation of international and regional agreements, providing technical and financial support to countries, enhancing international cooperation, conducting the necessary studies and research, and issuing relevant recommendations and decisions. These organizations contribute to the establishment of marine protected areas, assessing the environmental impact of human activities, and setting standards for protecting the marine environment, while international non-governmental organizations follow an indirect approach, as they raise public awareness about damage to the marine environment and expose this damage. They use demonstrations, protests, and holding conferences to push countries and governments to address this phenomenon.