JOURNAL OF AL-QALAM UNIVERSITY COLLEGE

Unilateral termination is one of the most important principles to have emerged in our time, as it seeks to achieve its intended purpose: allowing the creditor to exercise their right to terminate the contract unilaterally when the purpose for which the contract was made becomes nonexistent. Termination is a right of the contracting party in a bilateral contract if the other party breaches their obligations. It allows the contracting party to dissolve the contractual relationship and be released from their obligations. Termination carries the meaning of a penalty for the party who failed to fulfill their obligations. Its aim is to remove the contractual relationship that has entered the execution phase after its valid conclusion. It does not aim to establish this relationship and its effects, but rather to nullify its binding force and remove its effects after its valid completion, as a result of the non-performance of the obligation arising from it. The importance of this topic lies in the scarcity of research focusing on unilateral termination in Iraq, Egypt, and other Arab countries. Furthermore, studying this type of termination is significant because it represents a fundamental shift in the long-established traditional understanding of termination.

Since the inception of the civil service system, numerous laws have imposed disciplinary penalties on employees for violations or breaches of their job duties. The aim of these penalties is to evaluate employee performance and ensure they fulfill their responsibilities, thereby enabling the administration to achieve its goals of serving the public interest and ensuring the smooth and consistent operation of public services
Penalties vary depending on the type of violation committed by the employee. Imposing a disciplinary penalty can have serious consequences for the employee, directly or indirectly affecting their monthly salary. A salary reduction may result in the deprivation of certain rights and benefits, in addition to its psychological impact.

The E-Commerce Law No. (4) of 2025 is the new legal framework in Iraq regulates online buying and selling, the law requires those who practice business e-License, provide accurate information about products and services, as committed to merchants using electronic payment in Iraqi Dinars, the idea of the research is based on the study of the legal framework regulation of e-commerce in Iraq through the statement of the legal framework for e-commerce in Iraq clarifying whether they constitute an integrated legal system or whether there is a need for legislative reconciliation aims to research to Analyze the Legal Texts Contained in the Law of Signature and Electronic Transactions No (78) of 2012 and the Consumer Protection Law No. (1) of 2010 with the aim of demonstrating the extent of their harmony and integration in regulating electronic business relations and ensuring the protection of the rights of dealing parties; In particular, the electronic consumer has revealed the strengths and weaknesses of the current legislation, both in terms of electronic contracting, the authenticity of the digital signature, as well as the confidentiality of data, or the guarantee of the consumer's right to refusal and Claim of Legal Guarantees The importance of research lies in the study of the applied field in application system in the digital market, electronic trading, and scientific discoveries, but the research structure ensures the first topic is the concept of e-commerce in Iraqi legislation and is divided into two demands, while it includes the second topic is the complementary relationship between the electronic signature law and the electronic commerce system in legislation the Iraqi is divided into two demands as well, while the conclusion included the results and recommendations and the research reached a set of conclusions, the most important of which is that the Iraqi legislator has taken an important step towards regulating the digital environment and providing legal basis for electronic transactions, but this step is still insufficient to achieve integrated protection parties to the transaction electronically, in particular the electronic consumer

This research explores the legal implications of artificial intelligence (AI) in commercial activities, as one of the most significant outcomes of the digital revolution reshaping the business landscape. It begins by defining AI, highlighting its features and human-like decision-making capabilities, and examines its commercial applications such as smart contracts, algorithmic trading, electronic agents, and big-data analytics, emphasizing their economic benefits in enhancing efficiency and competitiveness.
The study further analyzes the legal and regulatory frameworks governing AI through a comparative approach, focusing on legislative experiences in Egypt, the UAE, Saudi Arabia, and the European Union, and revealing the inadequacy of Iraqi commercial law—especially the Commercial Code No. 30 of 1984—in addressing these technological developments. It also discusses legal responsibility and ethical considerations, including debates about granting AI legal personality and liability for damages.
Finally, the research examines potential legal risks, such as data protection, privacy violations, and labor-market challenges, stressing the need for a comprehensive and flexible legal framework that balances innovation with individual and societal rights. It concludes with recommendations, including the establishment of a national AI regulatory authority and the enactment of specialized legislation to regulate AI use in commerce while safeguarding legal protections.

Abstract
This research explores the concept of substantive immunity granted to members of parliament, which refers to their legal protection from liability for opinions expressed or votes cast during the exercise of their parliamentary duties. This immunity is intended to safeguard parliamentary freedom of expression and ensure the independence of legislators without fear of judicial prosecution or political pressure. The study examines the legal foundation of this immunity in various constitutions and distinguishes it from procedural immunity. It also reviews judicial and legislative applications in countries such as France, Egypt, and Iraq. The research concludes that substantive immunity is a fundamental pillar of the democratic parliamentary system and should be preserved within limits that prevent its misuse as a tool for escaping accountability outside the parliamentary scope.

This research explores the rhetorical strategies employed in the interpretation of Hadith through the lens of Fath al-Bari by Ibn Hajar al-Asqalani, using selected verses from Surah Al-Isra’ as a focal point to investigate Qur'anic discourse alongside Prophetic exegesis. The study adopts a stylistic and pragmatic approach rooted in modern discourse analysis theories to unveil the linguistic, rhetorical, and communicative techniques embedded within the texts. It examines mechanisms such as syntactic shift (iltifāt), emphasis, indirectness, repetition, and semantic coherence, highlighting their role in guiding the recipient’s understanding and emotional response.
The study concluded that Surah Al-Isra employs a wide variety of rhetorical techniques that serve its major objectives, such as affirming monotheism, exalting God, warning against misguidance, illustrating the fate of the unjust, and honoring humankind through revelation and miracle. The research also highlighted that iltifāt (shifts in style or address) functions as a central device in the stylistic structure of the verses—not as mere rhetorical ornamentation, but as a deliberate means to intensify both intellectual and emotional impact, achieve a balance between rational and affective discourse, reinforce meanings in the mind of the recipient, stir their emotions, and maintain a constant state of attentiveness.

this research attempts to highlight the importance of fundamental human rights protected under international human rights covenants and conventions,as well as the forms of violations committed against these rights , it then examines the international mechanisms that can guarantee the protection of these rights and prevent their violation. Which may include monitoring mechanisms such as internatiuonal human rights committees and regulatory mechanisms such as human rights organizations and international courts .

The issue of chemical weapons is a critical one for the international community. These weapons have evolved in their methods, concepts, and means of deployment, and have recently become a prominent unconventional threat to international peace and security. The use of chemical weapons or agents in international conflicts is a flagrant violation of international law, prompting the international community to prohibit them through the adoption of several international conventions, most notably the Chemical Weapons Convention of 1997. This prohibition stems from two main reasons: first, these weapons do not distinguish between combatants and civilians, violating the principle of distinction; and second, they cause excessive suffering, pain, and horrific death, such as asphyxiation and severe chemical burns, violating the principle of humanity. Therefore, this study examines the phenomenon of chemical weapons, the restrictions on their use under international law, the extent of their potential use, and their impact on human beings.

This research examines the phenomenon of drug abuse and its impact on security and social peace in Kirkuk city, focusing on the social, economic, political, and security dimensions of this contemporary challenge. It reviews different types of drugs including depressants, stimulants, hallucinogens, and inhalants, explaining their negative effects on youth ranging from job and education loss to psychological and infectious diseases. The study highlights the role of cultural diversity in enhancing security and social peace in Kirkuk, and analyzes multiple causes of drug abuse including pharmaceutical, biological, psychological, and social factors. The research presents integrated prevention strategies involving families, educational institutions, healthcare systems, legal frameworks, and civil society organizations in combating this epidemic. It concludes with the necessity of adopting a comprehensive approach that combines prevention and treatment while utilizing modern technology to reach target youth populations.

Deception is а common tаctic in both reаl life аnd fiction, bսt little is known аboսt how people սse lаngսаge to sսstаin deception throսgh lies over time. This stսdy investigаtes how Mike Ross, one of the mаin chаrаcters in The Sսits TV series, mаintаins his deception by սsing hedging. Аdopting а socio-prаgmаtic аpproаch cаlled the Deceptive Hedging Model (DHM), the stսdy combines three perspectives: types of hedging (Prince et аl., 1982), pսrposes of deception (Bսller аnd Bսrgoon, 1996), аnd how people mаnаge fаce in conversаtion (Brown аnd Levinson, 1987). Over twenty Hаrvаrd-relаted diаlogսes from scripts аnd sսbtitles аcross аll seаsons were аnаlyzed. The stսdy shows thаt hedging helps Mike soften stаtements, inflսence others’ perceptions, аnd protect sociаl fаce, аllowing him to sսstаin his lies. It highlights how lаngսаge, strаtegy, аnd sociаl аwаreness work together in fictionаl discoսrse for а specific pսrpose

This research aims to demonstrate the role of modern technological means in verifying eligibility for marriage, in light of the digital revolution, and the use of these tools in the field of personal status, especially electronic documentation, digital medical examination, and electronic identity These modern technologies are a means of verifying marriageable age and mental and physical maturity. This research discusses the extent to which these methods are compatible with the objectives of Islamic law and their legal validity in contemporary systems, highlighting the most important challenges and problems they raise in terms of privacy, data protection, and the challenges associated with legislative recognition of this technology. Moreover, these methods represent a qualitative leap in regulating the conditions of marriage and achieving legitimate and legal interests, if they are bound by legislative and ethical controls that ensure their compatibility with the objectives of Sharia and preserve individual and family rights, thus contributing to enhancing trust and transparency in documenting the marriage contract

The idea of the stability of constitutional rights represents a fundamental concern for the legislative authority, and a matter of great importance for those addressed by the provisions of constitutional texts, because the constitution, no matter how effective it is and how lofty its structure, will not establish a complete mechanism for exercising rights and freedoms. Rather, it is committed to protecting those rights and freedoms by including them in the constitution, thus following the method of indirectly defining them, or the legislator may directly define the rights and freedoms through which he seeks to give them rigid stability.

This research analyzes the complex environmental problematic of the Al-Mishraq sulfur field from an environmental geography perspective, moving beyond traditional chemical assessments. The study focuses on the "Frasch Process" as the primary anthropogenic driver, where over 213 million cubic meters of superheated water (160°C) were injected into the geological formations (Lower Fars Formation) during the production period (1972-2002) (Mohammedali, n.d.; General Company for Mishraq Sulphur, n.d.). The geo-environmental analysis reveals three interconnected dimensions of pollution: 1) Hydrogeological Pollution: Manifested as the "leakage phenomenon" which acutely polluted the Tigris River (80-100°C, H2S concentrations up to 600 ppm) during operation (General Company for Mishraq Sulphur, 2010). Post-shutdown, the research demonstrates persistent "Legacy Groundwater Pollution" as a chronic contaminated inheritance (General Company for Mishraq Sulphur, 2010). 2) Geotechnical Degradation: The thermal injection degraded the mechanical properties of the host rock (porosity increased 4-fold, compressive strength decreased 6-fold) (Al-Qahwaji, 1989; Al-Sayegh, 1981), creating latent geological hazards of "Land Subsidence," a globally documented risk of the Frasch process (Mullican, 1991; North Dakota Legislative Assembly, 2003). 3) Atmospheric Legacy Pollution: Represented by catastrophic sulfur fires (2003 and 2016) that released massive quantities of $SO_2$ (NASA, 2016; U.S. Department of Veterans Affairs, 2025). The research concludes that Al-Mishraq constitutes a UNEP "Hot Spot"
(UNEP, 2004; UNEP, 2005), not due to active industrial pollution (which has ceased), but because of the remaining hydrogeological, geotechnical, and chemical legacy, necessitating long-term environmental management strategies focused on geotechnical stability monitoring and remediation of remaining pollution sources (Ibrahim, 2011).

The commercial mediation contract is one of the prevailing ideas in commercial transactions between people, but this contract has not taken its due attention in a way that is appropriate to the need of investors to conclude a brokerage contract with one of the brokerage companies to invest their trade in the market, and since this contract arranges mutual obligations on the two parties, a valuable dispute may arise between them regarding its implementation, so this dispute can be settled amicably between the parties and may require resorting to a competent authority to resolve the dispute, whether it is This body is an arbitration committee, an administrative committee with jurisdiction or the national judiciary, and in order for this body to carry out its duties in settling the disputes before it, it must follow the procedures regulated by the laws of commerce or the general rules contained in the Code of Civil Procedure to determine the law applicable to the dispute presented, but the judgment or decision issued in the dispute does not have the status of binding and is not considered final for the parties.

The guarantee contract is a crucial contract in both academic and professional life. Due to the complexity of human relationships and the pressing need to participate in and live within society to meet basic human needs, a sound legal framework is essential to ensure the necessary protection in a structured and consistent manner, leading to the desired goal of progress and prosperity within society. Consequently, the vast majority of legislation regulates these various forms of security, including simple guarantee contracts, in some details. This is because it serves an economic and social function for both the creditor and the debtor, providing security and confidence for the creditor and trust for the debtor. One of the distinctive and unique characteristics of simple guarantees and security is that they can be either general, involving all creditors without discrimination, or specific to private creditors.
This is what prompted us to conduct this research, aiming to identify the provisions of the guarantee contract in two sections. The first section addresses the impact of the guarantee contract, while the second section examines its termination. The research concludes with a set of conclusions and recommendations.

China today stands as one of the most prominent rising powers in the international system, having transformed over the past decades from a developing nation into a central actor in both regional and global balances. Thanks to its immense economic power, technological and military advancement, and active diplomacy, China now possesses multiple tools to exert influence within its regional environment, particularly in Asia and the Pacific. Its position in the regional strategic balance is based on a comprehensive combination of hard and soft power elements, blending economic and investment influence on one hand with the ability to build political and strategic partnerships and alliances on the other. Moreover, China seeks to consolidate its own vision of regional security, grounded in the principles of “shared development and non-hegemony,” as a counterbalance to Western policies, especially those of the United States, which aim to limit the expansion of Chinese influence. From this perspective, studying China’s place in the regional strategic balance reveals multiple dimensions related to its diplomatic, military, and economic roles, as well as its capacity to shape a new regional order that reflects its interests while enhancing its stability and influence simultaneously.

The paper dealt with the golden imam who died (748 AH) as well as the mark ornaments of the deceased in the year ( 726 AH) and their views in the form of speech, through the book of the chosen from the platform of moderation of gold, and revealed the intention to strip the belief of jewelry, and the statement of scientists in this matter and then say the most likely, It is important to know the doctrine of Ahl al-Sunnah and al-Jama'ah, and the doctrine of Shiites, and because it is considered a comparison between the doctrine of Ahl al-Sunna represented by the golden imam, and the Shi'a sect represented by the ornaments.

This research studies (Kad and its sisters), which are among the transcribers in the science of grammar. The field of study is the books of Abu Ali Al-Farsi (T: 377 AH). This research is concerned with standing up on the views of Al-Farsi in (Kad and its sisters). Al-Farsi infers his views by mentioning aspects of usage among the Arabs, and deals with mentioning permissible and prohibited aspects with justification for that in a citizen. In the most appropriate way for it, and takes into account the principles of grammatical use in terms of returning speech to its origin in use, and weakening what speech does not do.

This study addresses the liability of the Iraqi state to compensate the victims of the Speicher Massacre, perpetrated by ISIS in June 2014, where more than 1,700 cadets of the Air Force Academy were executed inside an official military base. This tragedy raised a fundamental legal question regarding the extent of the state’s obligation to safeguard its citizens’ rights and whether its liability for compensation should be based on fault (administrative negligence) or on strict liability (risk-bearing theory).
The research concludes that relying on fault-based liability undermines victims’ chances of obtaining compensation due to the difficulties of proving negligence in the context of terrorism. Conversely, the Iraqi legislator has adopted a fairer framework by endorsing strict liability through special legislation, particularly Law No. 20 of 2009 (as amended) and Law No. 12 of 2019 concerning Speicher victims. The study also examines the compensation mechanisms provided to the victims’ families, including financial, moral, and social remedies, highlighting how these laws institutionalized the principle of national solidarity as the basis for compensation.
The research finds that addressing the Speicher Massacre marked a turning point in Iraqi legislative thought towards consolidating the doctrine of strict state liability, and it recommends further development of the legal and procedural framework to ensure effective justice for victims of terrorism.

In a global society where social justice is crossed with the concern of public health, surpassing drug prices is one of the key points that show the capacity of the state to defend its citizens and provide them with reasonable prices to treat them. The study will be based on the comparative efficacy of the penal provisions in the Iraqi legislation in the context of France, Egypt, and Qatar concerning the impacts of selling drugs at noncompliant prices on society and economy as well as the ability of the legal measures to control the market and slow down the breaches. The study is based on the analytical comparative approach that will compare the legislations and penalties used in the four countries and find optimal practices. It ends with suggestions and legal provisions that should be taken to improve the legal system, guarantee medicines prices stability and safeguard patient rights in Iraq.

This research focuses on the principle that good faith is the Foundation of the obligation to disclose information in insurance Contracts. This obligates the policyholder to provide an accurate and Complete picture of the risk so that the insurer can assess its probability And severity. This obligation extends to include personal and influential Circumstances such as health status, profession, and the nature of Activities that may increase the likelihood of the risk occurring. Withholding material information or making an incorrect statement Constitutes a breach of contract that may amount to fraud if it influences .The insurer's decision, whether in accepting coverage or determining the Appropriate premium. The duty to disclose information does not end at The moment of contracting but continues throughout the contract's term. The policyholder must notify the insurance company of any change that Exacerbates the risk or increases the chances of its occurrence. If such Exacerbation occurs, the insurer has the authority to request termination, 2Adjust the premium, or maintain the contract unchanged, depending on The nature of the new circumstances. Civil liability here is based on the Presence of the fault of concealment and the harm suffered by the insurer As a result of bearing a risk that was not accurately calculated, in addition To the causal link between the breach and the harm. The effect of Concealment ranges from invalidity in cases of The regulation governs Intentional and unintentional actions, as well as the modification of Obligations in cases of unintentional actions, in accordance with Comparative legislation. This regulation serves as a means of balancing The interests of both parties, ensuring that the insured is not burdened with Risks exceeding those agreed upon, while maintaining the stability and Reliability of insurance transactions .Keywords: Civil liability, insurance contract, confidentiality, insurer .

Doctrinal deviation has been one of the most dangerous factors affecting the purity of belief, as creed forms the foundation upon which values, acts of worship, and the human worldview are built. Throughout Islamic history, various forms of intellectual and doctrinal deviations have emerged due to ignorance, extremism, blind imitation, exposure to foreign cultures, and political turmoil. These factors contributed to the distortion of key concepts related to God’s essence and attributes, the reality of monotheism, prophethood, and worship.
The Qur’an presented a comprehensive divine methodology to confront such deviations, relying on rational persuasion, spiritual cultivation, and precise linguistic expression. It achieves a balance between negating imperfections unbefitting of God and affirming His perfect attributes. The Qur’an also employs parables to make abstract concepts accessible, adopts dialogue and reasoned argumentation to refute doubts, and presents narrative examples that illustrate the consequences of doctrinal corruption in real contexts.
This study aims to analyze this Qur’anic methodology through an interpretive and analytical approach by clarifying the concept and causes of doctrinal deviation, examining the Qur’anic mechanisms for correcting belief, and applying these principles to selected Qur’anic chapters. It also seeks to highlight the lessons derived from this divine method in strengthening sound creed and protecting Islamic thought from deviation. The research consists of two main chapters addressing the Qur’anic methodology in doctrinal correction and the analysis of key theological concepts, followed by a conclusion that presents the main findings and references.

The Qur'anic ayah “abasa wa-tawalla” (frowned and turned away), is one of the moot points upon which Muslim scholars disputed over until now; their dispute revolves around the one actually intended by the two verbs in the ayah viz. Prophet Muhammad or someone present in his assembly. While one team directly assigns the two verbs to the Prophet, the other assigns them to the one in his assembly. Each team, of course, has its evidence that supports its argument. This study is then an attempt to settle this argument. To achieve this, a three-component methodology has been adopted, which includes analyzing the ayah in question syntactically, semantically, and intertextually. By virtue of this methodology—particularly through the latter two components—it has been found out that the individual intended in the ayah is not the Prophet, but rather someone who was present in his assembly. It has also been found out that there is a recurring pitfall in the translations of the ayah ,that is, the translators of the Holy Qur’an whether—directly or indirectly— tend to assign the two verbs to the Prophet as evidenced by a survey of eight selected translations, even though the ayah itself neither explicitly states nor clearly indicates this.

Yemen is distinguished by its very important geographical location, especially in the ancient world, as it served as a link between the civilizations of that era. Trade flowed from the ports of the Indian Ocean to the northern Arabian Peninsula, and from there to the rest of the world, generating abundant wealth and enabling it to possess a strong economy at that time. Many states emerged in ancient Yemen, ruling the region for a long period, beginning in the late second millennium BC with the rise of the Minaean Kingdom, and ending with the fall of the Himyarite Kingdom to the Abyssinians in 525 AD.

This study explores the role of international and national courts in protecting the rights of migrants, particularly under counter-terrorism policies. Despite numerous international and regional human rights agreements, their implementation for migrants faces significant challenges due to varying domestic policies and levels of treaty compliance. International courts, such as the International Court of Justice and the European Court of Human Rights, have contributed to establishing key principles, including the prohibition of forced deportation and inhumane treatment. National courts serve as the first line of defense by reviewing expulsion and detention decisions and ensuring access to legal remedies. However, judicial effectiveness varies across countries, with some implementing advanced humanitarian standards and others facing legislative and procedural gaps, as seen in Lebanon and Iraq. Effective protection of migrants’ rights requires strengthening judicial independence and enhancing international cooperation to ensure uniform application of humanitarian and legal standards.