Risalat al-huquq Journal

The research parts were designed and its methodology was employed to determine the legal value of circulars that have a great impact on the contemporary Iraqi legal and judicial system. The Supreme Judicial Council, in all its formations, has been keen to issue and circulate them to various courts so that criminal courts receive the most important and abundant portion of them, as the need has become urgent to root these circulars by tracing their theoretical foundations, constitutional and legal foundations, and practical justifications, and analyzing their contents after classifying them according to their objective or procedural nature, as we found them to have entered into the process of judicial adaptation of facts on the one hand and played a role in activating criminal rules on the other hand. However, the circulars under study were not always within the scope of applying and activating legislation, but rather we find them in certain cases to have risen to the level of legislative texts, so they have created principles that complement those texts at times and involve certain conflicts with them at other times.In light of the above, it was necessary to follow a comprehensive objective analytical methodology that clarifies the starting points and paths of the aforementioned circulars and their interactions within the legal and judicial system, in a way that clarifies their positive roles, in addition to the objections resulting from the lack of harmony between them and the law, which has no authority over the judge except for him. Since the subject is one of the fertile subjects for research due to the depth of the overlap, blending and even contradiction sometimes between the scientific principles and the practical requirements related to the dimensions of the subject, the research yielded qualitative results of great benefit with its authentic content and its philosophical and legislative foundations derived from the components of the prevailing legislative policy, while including visions of the necessities of the renewed reality and its challenges and rapid developments that reveal a difference in keeping pace between some static texts and practical transformations that require the modernization and development of legal systems.There is no doubt that what resulted from the research opens up a scientific discussion on how to establish the determinants of issuing circulars by the formations of the Presidency of the Supreme Judicial Council, the conditions justifying their issuance, and establishing guarantees that ensure their agreement with the highest legislative ranks.

The existence of the sentence in the employee’s records can affect his work life; furthermore, it can cause desperation at work. These effects can reflect on the performance inside the governmental sector of the employee. However, if repentance was shown, and the sentence was revoked, the employee can start working again and achieve stability and organization in his work life. And avoid committing disciplinary violations in the future. Legislator in various countries aim to achieve this through various procedures such as reconsidering the penalty, lifting them or rehabilitation.

As a result of the important role that the credit card plays from the economic and banking aspect, and within the framework of its many functions and various advantages that this method can provide to its customers, therefore the legal nature of the credit card system and the legal principles applicable to that card must be determined and reference is made to the legal origin of this. order.

Legislative drafting is the foundation for the development of legislative texts. Therefore, when drafting legislative texts, legislators must adhere to logical rules in their formulation to avoid and mitigate drafting defects. Logic is the primary tool that protects legislators from making mistakes.
Good legislative drafting clarifies the spirit and intent of legislation, prevents misinterpretation, loopholes, and contradictions in provisions, and helps parliamentarians properly review and discuss draft laws/proposed bills as they proceed through parliament.
This requires drafting legislation in clear, precise, and simple language, free of unnecessary terminology or expressions, to ensure that members of society and others affected by the draft law or proposal understand the rights and obligations arising therefrom.

The contract is regarded as one of the primary sources of obligation, embodying the will of the parties to create a binding legal effect under the principle that “contracts are the law of the contracting parties.” However, the performance of contractual obligations does not always occur in full conformity with what has been agreed upon, raising the issue of the extent to which the debtor respects his original obligation. In this context, the concept of the obligation of conformity emerges, which requires the debtor to deliver the subject matter of the obligation free from defects and in conformity with the agreed specifications in terms of quality, quantity, and essential characteristics. A breach of this obligation indicates that the debtor has performed his duty in a defective manner, failing to satisfy the contractual conditions or achieve its intended purpose.

By institutional framework, we mean the ability of the state’s legal system to create public institutions that specialize in family affairs in terms of caring for and attending to its members in a way that preserves its existence and entity and ensures the upbringing of generations fit to serve society. This framework should be shaped within a clear constitutional vision for protecting and caring for the family, based on a true understanding of the requirements of social, cultural, and economic reality. Its content should be consistent with the provisions of divine laws and noble social traditions, enabling it to achieve its goals effectively and successfully. The primary task we attempt to present through this research is to present a vision for a national strategy that addresses all family affairs, with a public body responsible for implementing its provisions. The second task is to present the institutional framework for family protection, represented by the Family Protection Directorate against Domestic Violence, in line with the Constitution, to demonstrate the extent to which its formation, procedures, and legal means adopted in carrying out its duties are consistent with the family's status within our legal and social system

The concept of criminal responsibility in general refers to the obligation of a person to bear the consequences arranged by law for his illegal actions, that is, the penalties stipulated by law. Responsibility is the necessary legal condition for applying the punishment to the crime committed.
In this research, the talk about penal responsibility in the journalist's work was discussed, and he portrays himself with responsibility in the journalist's regular work, as well as those who fall under that responsibility. Part of this research was devoted to talking about the nature of the journalist's criminal responsibility law, and answering whether this responsibility is joint, sequential or on the basis of tort liability, and expressing the positions of laws and comparing them in the research .

The issue of protecting water security is one of the important issues that has received great attention at the international and national levels. The international community has begun to conclude agreements at the international level between most countries of the world, aiming to protect water security and the ways to benefit from it, and ways of sharing it between the upstream countries and the downstream countries, all the way to the downstream country, At the domestic level, the issue of water security is one of the issues that countries have always given great importance due to its direct impact on the life and development of the state. It has been stipulated in their constitutions, and countries have also enacted special laws for this vital issue, which is considered one of the issues of national security for the state.

This study addresses the criminal law issues that arise when crimes are committed by one of the conjoined twins, a unique medical condition characterized by the physical attachment of two legally and psychologically independent individuals. The research begins by defining conjoined twins, clarifying their concept, types, and causes of occurrence, then proceeds to examine the fundamental legal challenges related to criminal proof, particularly the difficulty in identifying the actual perpetrator and establishing independent criminal intent for each twin. The study focuses on the challenges of applying criminal law principles, especially the principle of personal punishment, in light of the physical attachment that makes the execution of physical penalties or deprivation of liberty without harming the innocent twin difficult or often impossible. Accordingly, the research proposes legislative and practical solutions, including the use of alternative penalties such as suspension of sentence execution, electronic monitoring, and fines.The research concludes that these legal issues require special legislative intervention to address the shortcomings of traditional texts, with an emphasis on ensuring that the offender does not evade punishment while respecting the principle of not penalizing the innocent, and providing legal alternatives that guarantee justice without infringing on the rights of the conjoined twins. This study represents an important scientific contribution that opens new horizons in criminal law by shedding light on a complex humanitarian and legal issue deserving in-depth study to develop modern and integrated legal solutions

The study attempted to shed light on the concept of research centers and the history of their emergence and development. The study demonstrated the level of organic and functional interconnectedness between these centers and decision-makers in state institutions. It represents a cooperative, consultative relationship aimed at developing the institution and achieving advanced cultural development that achieves the country's highest interests.
After 2003, Iraq witnessed a growth in the number of research centers. However, their large number did not indicate the absence of obstacles that prevented them from fully fulfilling their missions. For these centers to be effective and influential, and to play a clear role in shaping public policies and making decisions in Iraq, they need, above all else, their own funding so they can express their own independent opinions, free from pressure. Furthermore, legal cover must be provided for research centers to carry out their regional and international work in cooperation with global centers for knowledge exchange and cooperation, especially those similar to their specializations, working methods, and objectives. Iraqi research centers also need to build bridges of trust with decision-makers in order to provide advice to serve

Nullity is a description attached to the criminal procedure in the event of (non-initiation of the criminal procedure) or the lack of the elements of its existence or its establishment, and it takes the form of a procedural penalty whose enforcement is decided by virtue of the law, without requiring it to be explicitly stated. A void criminal judgment is one that is deemed null from the outset - born legally dead - due to the absence of a fundamental element essential to its validity, such as a required criminal procedure. Consequently, the legal act itself is considered non - existent. The absence of a criminal judgment can be categorized into two main types: factual (or material) absence, which may appear in two forms - either through a complete omission of procedural action or the absence of a written judgment. The second type, legal absence, manifests in various ways, the most significant being the omission of a fundamental element of the judgment or its issuance with a substantial legal flaw. The void criminal judgment is subject to specific legal provisions that govern how it may be challenged, whether through regular or exceptional appeal mechanisms. The resulting legal consequences are threefold: the first concerns the judgment itself and the authority of the court that rendered it; the second pertains to the admissibility and impact of the evidence presented; and the third involves the procedures for enforcing the judgment and the legitimacy of any final rulings derived from it.This study adopted an analytical and comparative methodology, focusing primarily on the Iraqi Criminal Procedure Law No. (23) of 1971 (as amended), while drawing comparisons with selected provisions from the Egyptian and French criminal procedural systems. The study proceeded according to a research plan that required dividing it into three sections preceded by an introduction. The first section dealt with the concept of the void criminal judgment, the second section was devoted to the reasons for the void criminal judgment, and the third section was devoted to the effects of the void criminal judgment. Finally, the research was crowned with a conclusion that summarized the study’s conclusions and suggested matters that were deemed necessary to address

Judicial notification is a fundamental and important legal procedure by which a person can inform another person that he or she is the subject of a legal claim. It is one of the most important issues of civil procedure law, and constitutes the backbone of judicial litigation. Through it, the principle of confrontation between adversaries is achieved, as it constitutes the cornerstone of initiating a lawsuit. Undoubtedly, these notifications are official documents issued by the courts according to the conditions and information specified by law to notify the concerned parties of a specific incident in order to appear before the judiciary. Adequate attention must be paid to this procedure to resolve cases and prevent their accumulation, which would cause confusion in the judicial system. The paper used for notification has binding force according to the text of the law, and the notifier is the link between the court and the person to be notified. There are specific conditions, types, methods, and procedures imposed by law to avoid invalid notification.

The assassinations carried out by the Israeli government against Iranian nuclear scientists over the past two decades, the most recent of which was an armed attack on Iranian territory on June 13, 2025, targeting nuclear and civilian facilities, as well as the assassination of scientists working in nuclear facilities, have sparked widespread controversy over their legal legitimacy in light of international law. It is well established that international law provides multiple means to protect scientists and their work and safeguard their right to life, particularly through human rights law and specific treaties. The right to science is enshrined in the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. Therefore, the assassinations carried out by the Israeli entity constitute a violation of the rules of international human rights law and international humanitarian law.

of the research
Reasonableness in determining administrative periods is a criterion in light of which the legitimacy or illegitimacy of administrative actions, both procedural and substantive, is measured, which are not specifically addressed by the legal text. It is a criterion used by the administrative judiciary to indicate the extent of the administration's commitment to legitimacy when the administration must take an action without specifying a specific period for taking it. Jurisprudence differed in determining its nature. Some of them considered the reasonableness of administrative periods to be a criterion used to indicate the legitimacy or illegitimacy of the administration's action in taking a specific action that requires it to take it in light of a specific period. Some of them considered it to be a legal principle. It is a term that is mixed with other concepts that at first glance appear to give the same meaning, such as suitability. It has a direct relationship with the discretionary authority of the administration, and an inverse relationship with the restricted authority of the administration. This is what we wanted to explain in this research

Cybersecurity civil protection has become a vital requirement in the digital age, aiming to safeguard individuals and civil infrastructure from cyber threats. France has developed an advanced framework through national strategies and specialized agencies, most notably the National Cybersecurity Agency (ANSSI). In Egypt, the legislative environment has been reinforced by key laws, including the Cybercrime Law of 2018 and the Personal Data Protection Law of 2020, alongside the development of national incident response centers. Iraq has also begun shaping its civil protection landscape with the enactment of the 2023 Cybercrime Law and institutional efforts to secure critical infrastructures.

Capacity is one of the most important foundations of the legal system of civil relations, as it is directly linked to the validity of legal transactions entered into by individuals. The importance of capacity is not limited to the time of concluding the contract; rather, its impact extends beyond the contract. A person may encounter a circumstance that affects their capacity, such as loss of discretion, insanity, imbecility, or other conditions that weaken or eliminate their capacity. This raises critical legal questions about the fate and effects of the contract. Jurisprudence and the judiciary alike have focused on examining issues of capacity due to their direct impact on the stability of civil transactions and the protection of private and public interests.

Cultural heritage and forms of cultural expression constitute the civilizational identity of human societies, reflecting universal human values and the general principles upheld by states. These elements play a vital role in motivating societies to achieve justice, equality, and sustainable development. Consequently, international organizations concerned with cultural affairs bear the responsibility of adopting protective measures to safeguard these elements and ensure their transmission to future generations.This study offers a comprehensive analysis of the approach adopted by the United Nations Educational, Scientific and Cultural Organization (UNESCO) in protecting cultural expressions and traditional knowledge within the domain of intangible cultural heritage, with a specific focus on their application to the Ziyarat al-Arbaeen. The primary objective of this research is to identify the characteristics of protecting such knowledge and artistic expressions, and to explore the relationship between UNESCO’s protection mechanisms and the available protective frameworks outlined in international heritage-related instruments. These instruments are examined in the context of the folklore and ritual practices associated with the massive pilgrimage and its humanitarian expressions.The study particularly focuses on international treaties developed and adopted under UNESCO's auspices, tracing the historical timeline during which the issue of safeguarding cultural expressions was incorporated into the agenda of international conferences. It also examines UNESCO’s independent initiatives and their implications for the case of “Providing Services and Hospitality during the Ziyarat al-Arbaeen, which has been inscribed on the UNESCO Representative List of the Intangible Cultural Heritage of Humanity.The concept of intangible cultural heritage, as defined by the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage, is analyzed and compared with the categories of “cultural expressions” and “global folklore” as outlined in relevant international instruments, notably the 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions. The study further explores the applicability of these frameworks to the social practices, artistic methods, and cultural expressions manifested during participation in the Ziyarat al-Arbaeen.

The position of Deputy Prime Minister is considered the second most important governmental position in Iraq, as he replaces the Prime Minister in exercising his powers when an obstacle occurs that prevents the President from exercising his powers in accordance with the constitutional and legal texts that address this. Although the Constitution of the Republic of Iraq of 2005 addressed this position, we did not find a comprehensive constitutional treatment of the constitutional position of the Deputy Prime Minister, which prompted us to delve into this topic in order to clarify all the provisions related to the Deputy Prime Minister in terms of how he is chosen, his powers and his responsibilities for the purpose of determining his constitutional position.

Legislative treatment of drug users and addicts is achieved through the therapeutic measures stipulated in Articles (39) and (40)of the Iraqi Narcotics and Psychotropic Substances Law No. 50 of 2017 Therapeutic measures are the second legal means alongside the penalties approved by the Iraqi legislator.When the conditions stipulated in Article (39) are met, therapeutic measures are taken as an alternative to imposing a penalty. However, if the user refuses to complete his treatment, this is considered a refusal of treatment, and a penalty restricting freedom is imposed against him. If the conditions of Article (40) are met by submitting a request for treatment from the user or addict, this prevents the filing of a criminal case. In the view of the Iraqi legislator ,punishment cannot achieve its effectiveness and efficacy in special cases, given that punishment alone is ineffective Rather, it is appropriate to find the means to rehabilitate drug users and addicts This is to protect themselves and society .

Due to the significant development of contracts, there has been a significant need to prioritize the agreements and understandings that precede the conclusion of a contract. Therefore, it is imperative to carefully regulate the negotiating will and align it with the contractual will, given its significant role in producing sound and sound consent, free of any flaws. This is why it is said, "Failed negotiations are better than a failed contract." Therefore, we will attempt to clarify the legal position on the negotiating will, what principles underlie this will, and whether there are limitations to this will that limit its authority, or whether its authority is absolute and unbounded. What is the scope of these limitations, if any, and the position of legislation and the judiciary regarding them?

Endowment is one of the systems introduced by Islam, which reveals the solidarity aspect of Muslims. Although there is no explicit text in the Holy Qur’an indicating the following of this system, the early Muslims followed it and urged it, because it revealed the principle of social solidarity. The Muslims did not stipulate that the recipient be from the donor’s family , Indeed it is not even required that they be of the religion of the donor. Muslim jurists have exhausted themselves in establishing provisions for the endowment that regulate its mechanism and how to dispose of the endowed money, and how to manage the endowment, whether through the trustee alone or with the administrator, and how to determine its fees - its wages - and how to build the endowment. And other provisions remained applied despite the prosperity of the legislation movement and its coverage of all aspects of life and its details.
We find that the legislation issued by the state in the field of endowments is little. The substantive aspect, the procedural aspect, and the administrative aspect are mixed in the same legislation, and even the Decree on the Permissibility of Liquidating an Endowment No. 1 of 1955, with its few articles, which remained effective on all endowments, regardless of whether the donor is one of the imitators of the doctrines of the majority of jurists.

The financial lease contract allows the lessee to use a specific asset in exchange for regular payments previously agreed upon with the lessor with the possibility of owning it in the future. This contract is also considered a legal obligation between the lessor and the lessee, aiming to achieve mutual interests. To ensure the continuity of this contract and avoid termination, both parties must fulfill the contractual obligations that have been agreed upon in good faith, to avoid any breach that leads to a request for termination. However, in the event that one of the parties fails to implement its obligation, the other party is obligated to send an official warning demanding that it fulfill its obligation within a specific period before resorting to termination.

This research examines the role of expertise in proving medical error, as it is a practical means of proof. Sometimes, a judge seeks the assistance of an expert in a case requiring knowledge of a scientific issue to be decided. Other times, the law requires the judge to seek the assistance of an expert, or the Court of Cassation imposes in its judicial precedents the assistance of an expert to decide certain cases, based on its authority over all courts, The court has broad powers to consider the expert report as a basis for judgment or not. The court can reject the expert report entirely, or assign the expert who expressed his opinion after discussion to complete the deficiency or shortcoming in his report, or assign another expert to this task, or refute what was stated in the expert report on the grounds of the lack of legal basis, or that the case has been previously decided, or by agreement between the parties, provided that this agreement does not violate Sharia law and the law.
In order to present the study in a way that achieves its objective, we divided this study into two sections. The first was devoted to the concept of judicial expertise, by explaining its definition, characteristics, and legal nature. The second was devoted to the validity of the medical expertise report, by examining the degree of objectivity of the medical expertise report in light of the obstacles present in practical reality. Then we explained the judge’s authority to consider the expertise report and discuss it.

The research explains the restrictions that will be imposed on the autonomy of units within the federal state. This is based on the constitutional texts agreed upon since the founding of this federation. These texts constitute a cessation of these powers, some of which are stipulated, while others may be newly created and not stipulated. Here, serious intervention by the federal authority is necessary to find solutions to the crises that may arise between the levels of government within the federal state. In this research, we will clarify mechanisms for this through restrictions imposed by the judicial authorities or through another exceptional method, namely the theory of implied jurisdiction, to ensure the continued existence of the federation by addressing points of contention that may arise and occur in the future of this relationship.

The correctional institution plays a vital role in implementing criminal sanctions by rehabilitating and reforming inmates to become productive members of society. This process helps reduce recidivism and strengthen public security. Iraqi and Egyptian legislation emphasize providing inmates with necessary social, psychological, health, and moral care, as well as proper facilities and post-release support to prevent reoffending

Credit operations, which are part of banking activities, are of great importance in the financial sector through the granting of loans to the customer. It contributes to achieving economic balance by enabling persons, whether natural or legal, whether civilians or merchants, to obtain loans to finance their projects. In return for their pledge to repay the principal of the loan, plus interest and commissions due to the banks, which are determined by the contract between the two parties or by law

The obstacles of genetic and sexually transmitted genetic diseases still constitute an obstacle to the survival of the family or separation from it, in addition to rejecting the idea of marriage or completing its procedures in the first place. Because the parties to the marital relationship do not understand or accept these problems or be cautious about them, therefore, it is necessary to go to a direct solution, through which these obstacles are removedIf it is possible to remove it, it is (gene therapy using sexual and somatic cells), as it gives both parties to the relationship insight into the diseases that are expected to occur when entering into a marriage contract, especially if it is between relatives. At the same time, it is the best medical, legal, and legal means through which the risk of separation is averted if one of the parties is afflicted with it. After the official contract, there is no doubtIt will help to create a medically and socially healthy family. When the spouses and the rest of the family cooperate to overcome the ordeal of gene therapy, and all of this adds remarkable family stability supported by jurisprudence and supported by the laws in force, most notably the Personal Status Law

The study aimed to clarify the legal aspects of surgical robots in Iraqi legislation and comparative laws, in terms of clarifying the concept of surgical robots and their legal nature, which is a point of contention among legal scholars. It then outlined the civil liability of surgical robots. The problem of the study was the legislative deficiency in Iraqi law regulating the work of surgical robots. We followed an analytical approach to achieve the desired results

This research focuses on the phenomenon of electronic marital infidelity in Iraqi society, which has recently increased due to the erosion of religious and moral conscience and the absence of specific criminal provisions، This phenomenon has generated negative consequences—both material and psychological—that threaten the social fabric، The study examines both Sharia and legal perspectives, employing an analytical methodology that integrates the interpretation of Islamic textual sources (the Qur’an and the Prophetic Sunnah) alongside a review of relevant Iraqi judicial rulings، The analysis reveals that Islamic Sharia unequivocally criminalizes all forms of infidelity and imposes disciplinary sanctions (ta‘zir) on its precursors, such as illicit gazing and prohibited speech, thereby encompassing electronic marital infidelity within the scope of religiously prohibited acts، However, the study also identifies several legislative and judicial challenges, most notably the difficulty in proving instances of electronic infidelity and the inconsistent judicial interpretation of digital evidence. Accordingly, the research proposes a series of legislative amendments, including the addition of a specific article to the Iraqi Penal Code that criminalizes all forms of electronic marital infidelity and prescribes appropriate penalties. It also recommends amending the Code of Criminal Procedure to clearly define acceptable forms of digital evidence. Furthermore, the study suggests broadening the legal concept of “harm” within the Personal Status Law to address the psychological and social damages caused by such conduct، In conclusion, the research underscores the necessity of coordinated efforts—jurisprudential, legal, social, and cultural—to confront the challenges posed by this phenomenon, which stems from the rapid advancements in digital communications and their misuse by a significant segment of society، Legislative gaps must be addressed to safeguard the family institution and protect the solemn marital covenant between spouses, while simultaneously promoting public awareness of ethical digital communication practices.

In a federal state, there are two levels of political authority: the central federal authority and the local regional authorities, each with the powers granted to them under the federal constitution. Recognizing the supremacy of the constitutional text over all legislation within the territory of the state, drafters of constitutions in some federal countries have ensured that it is the constitution that creates, appoints, defines the various authorities, and establishes and clarifies the competences and limits of each. Therefore, their intention was to legislate a principle declaring all lower-level legislation issued in the states invalid if it conflicts with federal legislation, and in case of dispute, the matter would be referred to the federal court for resolution at the request of any involved party. However, the Constitution of the Republic of Iraq of 2005 deviated from these rules and charted a path that sometimes gives supremacy to regional laws over federal laws in the event of a conflict. Therefore, this topic was researched to provide recommendations to the constitutional legislator to amend the constitutional provisions at the first opportunity to ensure that priority is given to federal legislation over regional legislation.

Legal immunity for administrative decisions is a legal phenomenon that has evolved with the expansion of the role of the administration. It emerged as a means of protecting its decisions from appeals, sparking controversy over its compatibility with the principle of legality. Therefore, the importance of this research lies in shedding light on this situation between protecting the administration and guaranteeing individual rights. The study's problematic aspect is the extent to which immunity affects legal guarantees, particularly grievances and appeals. The results showed that immunity constitutes an exception that may limit legal oversight, which requires careful regulation to ensure a balance of interests

This study examines the role of the Federal Supreme Court of Iraq in promoting monetary policy stability through its constitutional oversight under Article 93 of the 2005 Iraqi Constitution
and its role in protecting the independence of the Central Bank under Law No. 56 of 2004. The study addresses: (the court's jurisdiction, monetary policy tools, and the political and legal challenges it faces) using an analytical and comparative approach with the Egyptian experience (cases 20/1989, 37/1997, 15/2002).
The research proposes recommendations to strengthen the independence of the court and the central bank and to develop constitutional provisions to support economic stability.