Journal Of the College of law /Al-Nahrain University

The term covering fund in insurance refers to the amounts allocated within the insurance portfolio to meet claims for compensation. It consists of net earned premiums, investment returns, and the optional reserves earmarked for that portfolio. In accordance with Shari’a Standard No. (26) on Islamic insurance, issued by the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI), this concept is referred to as the “Policyholders’ Fund” or the “Insurance Account,” while insurance jurisprudence often designates it as the “Takaful Fund” or “Takaful Portfolio.”
This fund is endowed with an independent legal personality and a separate financial liability from that of the company, thereby making it responsible for paying compensation and benefits to participants, managing expenses and commissions, and representing the participants in all matters related to investment and operations.
The ability of Takaful insurance companies to honor their commitment to pay compensation or indemnity equivalent to the value of the debt upon the occurrence of default risk depends primarily on the regular and timely payment of contributions (premiums) by the participants (policyholders). Compensation, in cases of debtor insolvency or refusal to repay, is made from the covering fund, which is principally composed of contributions made by Takaful participants on a donation basis (tabarru‘), together with the investment proceeds thereof, or through a benevolent loan (qard hasan) advanced by the Takaful company—represented by its shareholders—in cases where the insurance portfolio is unable to cover claims, provided that such loan is repaid from future surpluses. Additional sources include technical reserves as well as reimbursements and commissions recovered from reinsurers.
The covering fund is governed by two fundamental principles: (1) maintaining equilibrium between the covering fund and the aggregate claims incurred, and (2) ensuring balance between the covering fund and the expected loss ratio. These principles are essential to guarantee the efficiency of the covering fund in distributing risk burdens, safeguarding the financial sustainability of the Takaful fund, and ensuring its ability to meet claims upon the occurrence of insured risks while preserving financial balance and the continuity of the Takaful system.

This study examines the position of comparative legislation (French legislation, English legislation, and Egyptian legislation) in addressing the regulation of personal civil liability (based on fault) for the government. About the damages caused by demonstrations in terms of their legal nature, their legal basis, and the pillars and conditions of that responsibility. Then, we explain the position of the Iraqi legislator and compare it with what is the case in the legislation mentioned above

International jurisdiction is one of the important topics in private international law as it regulates the judicial protection of rights across the territorial borders of a state, The national legislator in the country is concerned with regulating the legal rules that determine the jurisdiction of his national courts to hear claims arising from legal relations involving the foreign element, However, this jurisdiction does not enjoy absolute freedom, as it is restricted by the principle of judicial immunity, and this principle is recognized in all countries, Judicial immunity represents a plea that raises many factual problems, some of which are related to the scope and nature of this immunity, and some of which are related to the legal effects resulting from defenses it and when it expires

Summary : Although the enactment of anti-terrorism laws has become a necessary requirement imposed by the interim security conditions that have passed on Iraqi society, such as bombings, slaughter over identity, and a sectarian civil war that entered the country from 2005 to 2008 and then followed, a new and more dangerous phase represented by the emergence of a terrorist organization that called itself the Islamic State in Iraq and the Levant, while the world called it the terrorist organization ISIS, which controlled a large area of Iraqi and Syrian territory, since 2005 From 2014 to 2017, the Iraqi federal government and the regional government entered into a direct war with it and in conjunction with the international coalition to fight this organization, as this war lasted for three years, all of which prompted the Iraqi federal parliament and the regional parliament to legislate two different anti-terrorism legislation in the country. It is no secret that governments usually become between two stones, because of the great task assigned to them in their fight against terrorism on the one hand, and on the other hand, it is their duty to observe and, in the meantime, the highest standards of human rights with the accused, otherwise the matter will turn from the terrorism of individuals to the terrorism of the state. Legal treatment in both cases, so this study came to keep pace with this in order to achieve the desired goal of providing community security while taking into account human rights standards.

The public benefit work system is one of the most important alternative systems to custodial sentences, which have proven their failure to reduce crimes due to the return of convicts to crime again, which prompted many systems that adopted the modern penal policy to adopt it, which aims to reform convicts and rehabilitate them outside the penal institution by reintegrating them so that they return to useful members of society. It also aims to reduce prison overcrowding and reduce expenses on the state, by allowing judicial authorities to grant this decision if special conditions are met for some criminals. Upon the expiration of the period of execution of this sentence, the ruling issued against the convict is considered null and void.

The purpose of a foreigner's entry into a country's territory is either to reside there, for tourism, or to engage in some economic or social activity. When a state permits a foreigner to enter its territory, and the state allows the foreigner to enter its territory after completing the necessary legal procedures for entry, if there are no security, economic, health, or other obstacles that justify preventing the foreigner from entering its territory, the foreigner has thus achieved what he or she intended, i.e., entering the country for the purpose of residing there and engaging in commercial, economic, or social activity on its territory, or for the purpose of transiting through it. The importance of this research lies in regulating the residence of foreigners according to what is known as foreigners' control, a regulation that obligates the foreigner to follow administrative or police procedures that complement the visa he or she obtains upon entering the country's territory, as these are rules followed in all other countries.

This study addresses a highly sensitive and intricate legal issue: the legal value of medical reports within the field of personal status law. This topic lies at the intersection of legal doctrine, medical expertise, and evolving social realities, making it a subject of critical academic and professional significance. Medical reports have become essential instruments in shaping the fate of marital relationships—especially in cases involving latent health conditions that directly affect marital stability and the viability of family life.
The research critically examines the legal framework governing the evidentiary role of medical reports in personal status cases, highlighting the tension between their procedural formality and their substantive probative value. It further explores the inconsistency in judicial practices and the divergent treatment of medical evidence across Arab legal systems, with a focus on the Iraqi context.
By analyzing existing legislation and judicial application, the study assesses whether the current legal system sufficiently regulates the use of medical reports to serve both preventive and adjudicative objectives. It aims to offer actionable legal reforms that elevate the legal standing of medical reports as decisive instruments in matrimonial litigation.
Ultimately, this research calls for a comprehensive re-evaluation of the legal role of medical reports in personal status law—one that aligns with contemporary medical and social realities while advancing the principles of legal fairness and family protection within the Iraqi legal system.

Criminals may escape punishment due to their flight from the jurisdiction of the state on whose territory the transnational organized economic crime was committed or from which it originated, or for any reason in which the perpetrators of the organized economic crime are subject to the jurisdiction of the state. Therefore, the international community has decided to organize the issue of extradition of criminals and the recovery of proceeds. Crimes through international agreements, including the United Nations Convention against Transnational Organized Crime of 2000 and the United Nations Convention against Corruption of 2003, which are specified in cases of extradition of criminals and recovery of funds obtained from crimes, the subject of our research.
This research addressed the issue of determining the state’s jurisdiction to criminalize the perpetrators of these cross-border organized economic crimes, especially in the case of the accused committing those crimes and fleeing outside the state in which they were committed, or committing those crimes and their effects extending outside the state in which they were committed.This research also dealt with the confiscation of funds obtained from these crimes, which means depriving the perpetrators of these crimes of their most important purpose, which is making a profit and enjoying that money and introducing it to the markets to hide its illegal origin.

E-commerce through social media platforms in Iraq has witnessed rapid growth in recent years, however, this growth has not been accompanied by appropriate development in the legal and legislative framework governing consumer protection. This study aims to analyze the current legal status of consumer protection in e-commerce through social media platforms in Iraq and identify the deficiencies and gaps in existing legislation.
The research adopted descriptive analytical and comparative methods to study legislative experiences in several Arab and foreign countries. The study found significant deficiencies in current Iraqi laws, as Consumer Protection Law No. 1 of 2010 and Electronic Signature and Electronic Transactions Law No. 78 of 2012 do not contain adequate provisions to address digital commerce issues. It also revealed widespread violations such as electronic fraud, misleading advertisements, and weak protection and oversight mechanisms.
The comparison with Arab and international experiences showed the possibility of benefiting from advanced models in the UAE, Saudi Arabia, Egypt, the European Union, and the United States, with the necessity of adapting them to Iraqi conditions. The study concluded with legislative and institutional recommendations to develop a comprehensive protection system that keeps pace with technological developments and ensures effective protection for Iraqi consumers in the digital environment.

This research presents a comparative theory between the constitutional text, which is deemed the highest rank in the legal hierarchy, and the procedural penal text that follows in the gradation of legal rules and which should not contradict or deviate from the principles and provisions therein. We can almost assert that the criminal law, in its modern procedural aspect, was established to enhance penal procedures and impart a humanitarian character to them. To achieve this, modern states need a constitutional framework that protects the sovereignty of law and the prestige of public authorities assigned with the protection of the constitution and ordinary legislation. In this context, criminal law protects the rights of individuals, including the accused and others, in response to the procedural penal text by setting conditions in accordance with the constitutional text. It can be said that criminal law has not reached maturity until constitutions established its general rules. This research seeks to investigate the relationship between the constitutional text and its link to the procedural penal rule, aiming to explore points of convergence and divergence between them, leading to a set of proposals that contribute to the development of the legal rule in Iraq.

The Constitution of the Republic of Iraq of 2005 established the federal parliamentary system as the foundation of governance in accordance with Article 1 thereof, The nature of the federal state necessitates the effective participation of regions in the exercise of federal powers, particularly states comprising diverse nationalities religions and denominations such as Iraq Proceeding from this constitutional orientation, Article (48) of the Constitution adopted the bicameral legislative system consisting of the Council of Representatives and the Federation Council wherein the Federation Council represents the second legislative institution complementing the Council of Representatives in the legislative process and undertakes the role of oversight and ensuring the protection of regional rights at the national level.
The fundamental significance of the Federation Council lies in achieving genuine and effective participation of regions and governorates in the legislative authority, thereby establishing the requisite balance between national and regional interests. Moreover, plays a pivotal role in enhancing the efficiency of the legislative authority through reviewing and examining draft legislation to ensure compatibility with the interests of regions and governorates and their developmental requirements, which contributes to limiting the adoption of legislation lacking balance or that which may provoke disputes between federal authorities and regions and governorates.
Despite the constitutional legislator's commitment to addressing matters concerning the formation of the Federation Council, organizing membership therein, and its competencies under Article (65) of the Constitution, the legislator assigned the task of its formation to the Council of Representatives, resulting in a clear defect in the constitutional structure of the federal system. Therefore, this research aims to shed light on the reality of legislative bicameralism in Iraq, examine the obstacles that have confronted the implementation of this system, and highlight the fundamental role of the Federation Council in strengthening federalism and achieving balance of powers within the context of Iraq's prevailing political and societal pluralism.

Most constitutions are formulated in a language characterized by generality and abstraction, which facilitates their dealing with new issues in society, thus ensuring their continuity. This formulation may cause ambiguity in constitutional texts, which is why they must be interpreted. Consequently, the role of the constitutional judiciary is activated in order to arrive at the correct meaning of the constitutional text. Although the will of the constitutional legislator is to follow various interpretive paths and approaches, and when he refers to theories that seek to develop approaches to constitutional interpretation, he does so to keep pace with intellectual, political, economic and social development.
We believe that constitutional judges carefully consider the time limits stipulated in the constitution when resorting to advanced and innovative approaches to constitutional interpretation to protect the time limits. As a result, any action or procedure that contravenes the constitutional requirement to respect the time limits may be invalidated, on the one hand. On the other hand, they may claim to be strengthening the protection of the time limits by relying on scientific considerations and the ethical values of the constitution.

Our research is summarized by stating the extent of the relationship between the criminal text and the criminal rule, which is the subject and essence of the criminal texts. If the criminal texts indicate the form in which the ideas of the legislator are embodied, then the criminal rule is the subject of that form, and it is considered one of the mandatory rules, as its speech is not directed towards a specific person in particular, but rather it is a general regulatory rule that applies to everyone who violates what is stated in it of obligation, and the most obvious goal that this rule seeks, It is the preservation of the entity of society and its survival, as this has an impact on the strength of the state and the reasons for its survival, and its continued use of its right to punish through these rules. Criminal texts may or may not include the criminal rule, in which case the text is divided into more than one rule, and the rule may be integrated in a single criminal text that includes it.

The trade in human biological materials constitutes one of the most complex contemporary legal issues, due to the legal challenges it raises concerning legislative jurisdiction, particularly given the cross-border and international nature that such transactions often take on. This is largely driven by shortages in many countries and legislative disparities that either permit or prohibit dealings in these materials.
Given the ethical and legal sensitivities surrounding such transactions, contracts for the transfer of human biological materials represent a particularly intricate and precise area. These contracts typically involve the transfer of samples, tissues, or cells from the human body, which leads to an overlap between civil law, public health legislation, human rights protections, and medical ethics. This confluence poses a significant challenge to traditional legal frameworks—foremost among them, the rules governing conflict of laws.

This study explores the issue of attacks on academic reputation through defamation and insult, particularly in the context of the growing use of digital media and social networks, It analyzes the legal framework governing such offenses in Arab legislation, emphasizing the adequacy of legal protection afforded to academics and educational institutions, The research highlights the impact of these violations on the scientific and social standing of individuals or institutions and proposes legal and procedural mechanisms to strengthen the protection of academic reputation, including potential legislative reforms and the implementation of digital litigation procedures.

Real estate registration is a fundamental pillar in enhancing the legal security of real estate transactions, ensuring the protection of owners' rights and reducing disputes related to property ownership. With the increasing administrative and legal complexities of real estate registration procedures, the need has emerged for mechanisms that help simplify these procedures and reduce the time and effort required to complete them Among these mechanisms, delegation plays a pivotal role in facilitating the real estate registration process, as it allows individuals to act on their behalf to complete legal and administrative procedures without the need for their personal presence.

The analysis of custody regarding landmines in Iraqi legislation, as a distinct expression of civil liability for dangerous objects, is crucial due to the absence of explicit legal frameworks addressing this liability, notwithstanding the severity of the issue and its humanitarian and social ramifications. This matter is significant as it addresses a complex subject encompassing both human and legal dimensions, pertaining to the repercussions of wars that continue to jeopardize civilian lives and the security of public and private property.
The researcher employed an analytical and critical technique, supported by comparative legal analysis, to determine the basis for establishing accountability for possession of landmines, in accordance with the principles outlined in the Iraqi Civil Code. This was accomplished while examining how other nations that have faced similar issues have addressed them historically. The notion of custody regarding landmines represents a systematic approach to enhancing the civil responsibility framework in Iraq, seeking to harmonize public interest with the requirements of human justice. This must be executed to ensure that the law is implemented in accordance with real-world developments and international commitments to safeguard individuals from unforeseen threats.

This research examines the crime of sexual harassment from the perspective of Iraqi and Egyptian law, highlighting the similarities and differences in the definition of the crime, its elements, and the penalties prescribed for it. In Iraqi law, the term "sexual harassment" was not explicitly addressed in older texts; rather, it was included among crimes of indecency or indecent acts, until the issuance of the Anti-Domestic Violence Law and recent draft amendments. Egyptian law, however, has witnessed significant development, particularly after the 2014 amendment to the Penal Code to directly criminalize harassment, defining clear formulations that include verbal, gesture, or action, with harsher penalties in the presence of aggravating circumstances.
The research highlights the legal basis of the crime, the judicial interpretation of both terms in both countries, and the effectiveness of current texts in protecting victims, particularly women and vulnerable groups. It also discusses the challenges facing the process of proving the crime through evidence, the need for community awareness, and the need to update laws. There is no explicit text in the Iraqi Penal Code that criminalizes sexual harassment, but it is considered a "crime against public morals and decency." It is worth noting that Iraqi penal codes address the protection of honor at three levels, ranging from rape to harassment, with varying degrees of punishment. In Egypt, Egyptian law punishes sexual harassment in all its forms, including verbal and physical. In general, both laws aim to protect individuals from sexual harassment, but Egyptian law is more detailed in criminalizing acts and setting penalties. The implementation of harassment laws in both countries faces challenges, such as difficulty in proof and a lack of legal awareness. There is a need for broad community awareness and enhanced law enforcement to ensure the protection of individuals from harassment and prevent its occurrence.

This research examines the crime of sexual harassment from two perspectives: legal theory and procedural application within the criminal law system. Legal texts relating to harassment vary from one country to another in terms of definition and punishment, but their common denominator is the protection of sexual freedom and human dignity. The research discusses the conceptual framework of the crime and its legal elements, then moves on to review the mechanisms of investigation and trial, focusing on the procedural challenges facing victims and law enforcement agencies, such as the difficulty of proof and fear of social stigma. The research also reviews some judicial applications to demonstrate the effectiveness of criminal texts in combating the crime and proposes a set of legal and procedural reforms to enhance legal protection for victims and ensure justice.

This research discusses the issue of digital transformation, particularly for judicial oversight, within the scope of the Administrative Decisions Department, highlighting how digital tools and artificial intelligence have changed the nature of judicial oversight in terms of speed, efficiency, and accuracy.This research also focused on analyzing the role of modern technologies in enabling the judiciary to efficiently review administrative decisions, such as the use of data analysis systems, artificial intelligence applications, electronic litigation platforms, and the automatic linking of legal texts and judicial precedents. The study also concluded that integrating technology into judicial oversight of administrative decisions represents an advanced step toward justice, but it requires developing the legislative and technical infrastructure, training judicial personnel, and establishing legal frameworks and controls for the use of artificial intelligence and digital analysis techniques

The world today is witnessing rapid technological advancement, one of the most notable aspects of which is the widespread use of unmanned aerial vehicles (UAVs), commonly known as drones, across various fields—ranging from civilian purposes such as photography and surveillance to military and security applications. This evolution has raised complex legal challenges, particularly in the field of criminal law. Drones are now capable of performing sophisticated operations without direct human intervention, which complicates the process of establishing criminal liability when unlawful acts are committed or when harm is caused. The core issue lies in the extent to which traditional criminal law—such as that found in the Iraqi Penal Code—is capable of keeping pace with these fast-moving technological transformations.
This research is based on the fundamental premise that the use of drones can lead to violations of individual rights—whether related to life, privacy, or property—in the absence of clear legal frameworks that govern their use or determine liability in the event of damage. The study adopts a thorough legal analysis, beginning with the technical nature of drones, their classifications, and uses, before exploring the different forms of criminal responsibility that may arise in practical contexts under Iraqi legislation. It finds that liability may arise in various scenarios depending on the party controlling the drone—whether a direct operator, a remote programmer, an owner, or a lessee. The findings demonstrate that the Iraqi Penal Code currently lacks specific provisions to address such drone-related crimes, thus requiring reliance on general legal rules, which may fall short in adequately defining responsibility or resolving practical legal challenges stemming from the use of this technology. Accordingly, the study concludes that drones are increasingly being used to commit a range of criminal offenses, from privacy violations and espionage to homicide and severe damage to persons or property—necessitating urgent legislative intervention. The multiplicity of actors involved in drone operation—manufacturers, programmers, lessees, and operators—demands a broader understanding of criminal liability that includes new roles associated with technical and programming control. The study recommends the enactment of a specialized law to regulate the ownership and use of drones and to establish a clear criminal framework for penalizing misuse. It also emphasizes the need to enhance the state’s technical capacity to trace drones and identify their operators in cases of legal violations. Ultimately, this complex and multifaceted issue requires further academic and legislative attention to ensure that criminal law remains responsive to modern technological developments and is equipped to confront future crimes of a digital and technical nature.

This study comparatively examines the problem of determining criminal liability resulting from the use of smart technology (artificial intelligence) and cybercrimes. This is done by comparing positive laws, focusing on European and Saudi models, as well as the principles of Islamic law. Conventional law faces difficulties in determining liability due to the lack of an independent legal personality for artificial intelligence and the difficulty of proving a direct relationship between an act and its outcome. This has prompted laws to seek solutions such as liability based on effect. Islamic law, on the other hand, provides a comprehensive and flexible system whereby machines are denied legal liability and liability is placed on the user, developer, or manufacturer based on intent (whether intentional or unintentional), based on well-known jurisprudential principles such as liability, causation, and penalties. For cybercrimes such as hacking and fraud, conventional law relies on specific criminal texts that may not keep pace with rapid technological advances. Islamic law, on the other hand, embraces these modern crimes by linking them to the general objectives of Sharia (protecting life, property, and honor) and applying penalties determined by the judge to achieve deterrence and justice. The study concludes that Islamic law, with its flexibility and ability to link human actions to their consequences, offers valuable insights that can contribute to improving positive laws to address current technological challenges

This research addresses the legal and institutional challenges facing the international community in protecting climate refugees—a growing category of displaced persons affected by escalating environmental and climatic changes. It highlights the significant gap in the current international legal framework, especially the 1951 Geneva Convention, which narrowly defines refugees as those fleeing persecution, excluding those displaced by environmental or climate-related factors. The study also reviews existing non-binding international initiatives, such as the Nansen Initiative, which, despite their importance, remain insufficient to provide comprehensive protection. The research calls for amending current legal instruments or adopting a new international treaty tailored to the specific needs of climate refugees. It further emphasizes the need to develop effective legal mechanisms that guarantee the human rights of environmentally displaced populations in light of increasing climate crises, and to reinforce the principle of shared international responsibility.

The research dealt with analyzing the position of the Federal Supreme Court in Iraq regarding the legislative role of the President of the Republic, through analyzing the court’s decisions in this regard, as the court plays a fundamental and extremely important role in achieving a balance between the public authorities in the state, and because the subject of the President’s right to submit draft laws, and the extent of the possibility of exercising the right to object to laws are topics that have raised controversy at the level of constitutional jurisprudence, therefore we have defined the scope of the research in studying the position of the Federal Supreme Court regarding the extent of the President’s authority to submit draft laws unilaterally, and the extent of the possibility of exercising the right to object to laws.

This research provides a comprehensive analysis of artificial intelligence in prison facilities, divided into two main sections. The first section reviews the technical framework and concepts of artificial intelligence, addressing the basic concepts of this emerging technology in the security field. The second section discusses the framework, at both the international and national levels, that sheds light on this technology.
This research provides a comprehensive analysis of the role of artificial intelligence in improving prison security, divided into two main sections. The first section reviews the technical and conceptual framework of artificial intelligence. The first section addresses the basic concepts of this technology and its uses in the field of security, while the second section discusses the legal framework, both at the international and national levels, that regulates the use of this technology.
The second section addresses the practical applications and challenges of AI in prisons. The first section focuses on how this technology can be used to enhance prison security, while the second section analyzes the legal and ethical issues it raises, such as issues related to privacy, accountability, and bias in algorithms.
This research demonstrates a comprehensive vision encompassing technical, legal, and ethical aspects, while also highlighting the potential of AI to enhance prison security without ignoring the risks and challenges that require clear controls.

The fact that this author (the Legal Registration of the Speaker of the House of Representatives is a comparative constitutional study) of important topics in the parliamentary system، which is the basic substrate in this periodic chapter between the authorities، after the people who are the source of the authorities to choose representatives in the councils Parliament by public polls، after translating voters to parliamentary seats in the councils، and to exercise its legislative authority and its constitutional functions must be legal mechanism for holding their meetings، and where political systems differ in The Constitution of the Council and the Constitution of Meeting، including the Constitution of the Republic of Iraq for 2005 and the first of these actions is the first session of the Council، where the legislator is the largest members، according to some of the terms that the first session is usually The new presidency and the performance of the Winners and the formation of the parliament and other tasks and addressing this issue are important and necessary to form the legislative authority that emanates other authorities in the State. The head of the ages has been developed and temporary tasks including direct election of the new presidency and the performance of the ladies and gentlemen.

The spread and exploitation of firearms is one of the most alarming and growing security issues after 2003 in Iraq. For many reasons, controlling the spread of firearms is very difficult. Given the serious nature of the firearms issue, States have sought to find solutions to address various firearms problems. One of the proposals is to enact a new law, accommodating the developments that have taken place. Therefore, the Iraqi Parliament enacted the Weapons Law No. (51) of 2017. Although there are governmental efforts to control over firearms, unfortunately, the Law is relatively weak. The purpose of this Article is to analyse and assess the Weapons Law to identify gaps and loopholes. To make the Weapons Law more accurate and more efficient, a set of recommendations has been introduced.

ntelligent robots are those that enjoy autonomy in making decisions based on the circumstances and conditions surrounding them, especially if the artificial intelligence systems they operate through are placed on a digital platform. Based on our desire not to be satisfied with the advances made by artificial intelligence programs and the robotics industry, we are concerned with the regulation of the issue of legislative recognition of the use of artificial intelligence programs, the extent to which the legal person theory can accommodate artificial intelligence systems, and the issue of establishing objective liability in the field of electronic and technical damages in general.
This research aims to examine the most important legal dimensions surrounding the new concept of civil liability for intelligent robots.
This research is gaining increasing importance given the rapid technological revolution of our time, which is significantly impacting human life and our societies in general, especially after artificial intelligence became an integral part of our daily lives. Its applications extend to various fields and transcend geographical boundaries, particularly in light of the technological advancements we are currently experiencing and the emergence of a new type known as autonomous robots. We can no longer treat them as mere objects or machines, as they have recently replaced humans, especially in performing dangerous or harmful tasks. This necessitates a specific legal framework for them, especially since we have clearly realized that resorting to their use in many fields is not simply a way to compensate for a shortage of qualified human and professional personnel, but rather an absolute necessity.
Furthermore, many aspects of the world of robotics remain relatively unknown to the public, as science fiction still dominates public perception. At the same time, it has little resonance in our Arab society, where the associated technology remains far removed from our reality, despite the growing trend in many countries worldwide towards robotics, particularly those equipped with artificial intelligence systems and technologies, especially following the European Union's 2017 regulations governing robot operation.
Consequently, this legislative gap in regulating the operation of intelligent robots, coupled with the inability of existing legislation to address all the issues arising from their actions, necessitates the search for a new legal framework that keeps pace with the developments accompanying artificial intelligence systems.
Therefore, we find the topic of civil liability for intelligent robots worthy of research and study, given the numerous practical questions and problems it raises, most of which revolve around their responsibility for damages they cause to others. We attempted to answer these questions by reviewing some traditional theories regarding civil liability, along with proposed and innovative theories and alternatives for addressing and mitigating this liability. We also explored whether we need new legal regulations specifically for intelligent robots, and whether the problems they raise can be addressed through existing legislation.

The right to education is an important and fundamental right for the development of the individual and society, and it is one of the rights that lays the foundation for the enjoyment of other rights. International human rights law and international humanitarian law share the goal of preserving the dignity and humanity of all, and states are obligated to continue to fulfill their legal obligations to protect individuals in times of peace and war. Both laws provide a range of protections for individuals in armed conflict. As international and regional courts, as well as the United Nations, have affirmed, both legal systems apply to situations of armed conflict and provide complementary and mutually reinforcing protection, without mutual exclusion. States remain obligated to protect the human rights set forth in international human rights law, including the right to education.