Al-Kitab Journal for Human Sciences

The Ruqyah Contract is considered one of the significant agreements sought by individuals suffering from psychological or physical illnesses. These individuals seek out legitimate spiritual healers (ruqyah practitioners) to treat their ailments through recitation of verses from the Qur’an and supplications derived from Islamic teachings, applied to the site of pain, in the hope that Allah grants healing thereby.
What distinguishes the Ruqyah Contract is its approach to illnesses that modern technology and medical diagnostics often fail to detect or identify. Many individuals suffer from undiagnosed conditions despite repeated consultations with medical professionals, prompting them to turn to spiritual remedies. The Ruqyah Contract constitutes an agreement between two parties: the spiritual healer, who performs Qur’anic recitations or authorized supplications along with blowing or physical contact (e.g., rubbing) on the affected area of the patient's body, and the patient, who may compensate the healer with a monetary amount or offer voluntary payment. Given the various legal themes invoked by this contract, it becomes necessary to define its governing provisions. Undoubtedly, every legal obligation is fulfilled according to the cause from which it originates. In the case of voluntary obligations arising from the mutual consent of both parties intending to produce legal effect, the parties’ will determines their respective contractual duties.
Accordingly, the Ruqyah Contract entails a set of obligations borne by both the spiritual healer and the recipient. Since the provisions governing this type of agreement are not explicitly regulated by Iraqi civil law or other specialized legislation-including comparative legal frameworks- the contractual will of both parties determines those obligations. Should either party, the healer or the recipient, fail to honor the agreed commitments, legal consequences may ensue. These consequences may allow the aggrieved party (creditor) to pursue their rights through judicial means provided by the legislature, such as filing a lawsuit to compel the debtor to fulfill their obligations in accordance with the applicable legal request.

This study addresses the legal and administrative restrictions that may be imposed on the freedom of travel of the public employee, considering it a vital issue that involves balancing individual rights with the needs of public service. The first section focuses on defining the concept of “travel ban” and the legal grounds that justify it, presenting various doctrinal and judicial definitions, and analyzing the nature of such a ban—whether it is a judicial measure issued by a court or investigative authority, or an administrative decision issued by executive authorities in emergency situations. The second section discusses the types of restrictions that may be imposed on public employees, whether administrative or legal, addressing cases in which the travel ban is linked to disciplinary investigations or criminal proceedings, the research also examines comparative legislation in Iraqi and Egyptian law to illustrate the extent of variation in such restrictions between different legal systems. The analysis shows that the imposition of a travel ban must be based on clear legal justifications and governed by the principles of proportionality and necessity, given its impact on a fundamental individual right, the study concludes that the freedom of travel of public employees must be protected as an inherent right, emphasizing that restricting this right should only occur in exceptional cases and under strict legal standards that ensure justice and protect individual rights.

In criminal law, it is not sufficient for the perpetrator to merely perform a physical, bodily act for such conduct to be deemed criminal and produce legal consequences. The legal value of the act is realized only when it is the result of a free and conscious will. Although bodily movement represents the external manifestation of behavior, its mere occurrence is not enough unless it is carried out with awareness and understanding, based on an internal will directed toward the act itself and its outcome. Will, in this context, is not simply an additional component, but rather the essential expression of the psychological dimension of the act. It is what confers legal legitimacy upon the act in terms of legal classification.
Accordingly, criminal behavior as one of the fundamental elements of a crime can only exist through the conjunction of two essential components: the bodily movement, as the material and external aspect of the act, and the volitional origin of that movement, which grants it its legal character and renders it subject to criminal liability. If this volitional origin is absent, or if the psychological link between the will and the movement is disrupted, then the event cannot be considered criminal behavior, and consequently, no crime can be said to have occurred. This is because will plays two essential roles in the formation of behavior: first, it acts as the causal source of the bodily movement whether it involves an action or omission and second, it directs and controls that movement in a manner consistent with the course intended by the actor, whether that intention reflects deliberate purpose or negligence, in the case of non-intentional crimes.
However, despite the central importance of volition in the formation of criminal behavior, it may be subject to exceptional contingencies that interfere either at the moment the will is formed or during its translation into action. This may lead to the absence of will, even though the physical movement is materially present. In such cases, the movement may appear to have been performed by the perpetrator, but in reality, it is devoid of will, meaning that behavior, in the legal sense, is lacking, and thus the crime itself is negated at its very foundation.

International responsibility is one of the fundamental principles of international law that aims to hold states and non-state actors accountable for serious violations, particularly those targeting civilian populations during armed conflicts. The starvation of civilians is among the most serious of such violations, as it involves the use of hunger as a weapon to subjugate or collectively punish populations—an act expressly prohibited under international humanitarian law. This study examines the foundations of the international responsibility of the Israeli entity for the starvation of Palestinian civilians in the Gaza Strip by analyzing the nature of such responsibility and the role of international judicial bodies—particularly the International Court of Justice and the International Criminal Court—in attributing and enforcing accountability. It also explores the main legal and political obstacles that hinder the implementation of international justice in this context.

Islamic law addresses all aspects of human life, from the cradle to the grave, establishing rules and guidelines for each stage that govern them in accordance with the objectives of the wise Sharia. Among these important aspects are burial rules, which are considered a legal obligation toward the deceased, preserving their dignity even after their passage to the afterlife.
Islamic jurisprudence has devoted great attention to the issue of burial, both theoretically and practically. Sharia texts from the Holy Qur'an and the Sunnah (Prophetic tradition) outline the general principles for dealing with the dead, including washing, shrouding, praying over them, and burying them. Jurists have also established detailed guidelines for the method of burial, its conditions, and etiquette, taking into account humanitarian, health, and social aspects.
This research aims to examine the rules of burial in Islamic jurisprudence by presenting legal evidence and clarifying the opinions of the various schools of jurisprudence, while analyzing controversial issues and weighing them against each other when necessary. The research will also address some contemporary issues related to burial, such as burial in enclosed spaces (vertical graves), the use of coffins, and burial in non-traditional cemeteries.

After 2003, Iraq entered a critical transitional phase that required the adoption of restorative justice mechanisms to address the legacy of serious human rights violations and to create a conducive environment for democratic transformation. This study aims to analyze both the legal and societal frameworks adopted in Iraq to implement restorative justice, focusing on judicial and non-judicial mechanisms used to resolve conflicts, compensate victims, and rebuild trust among communities. It also examines the vital role played by non-governmental actors, particularly civil society organizations and tribal structures, in supporting societal reconciliation and reinforcing civil peace. The research evaluates the Iraqi experience in light of international standards and comparative practices to assess the effectiveness of these mechanisms in achieving sustainable justice.

This study addresses the conceptual framework of the phenomenon of the child combatant in armed conflicts, considering it one of the most serious violations against childhood. It constitutes a clear breach of human rights and international humanitarian law. While children are presumed to receive protection and care, modern conflicts increasingly draw them into hostilities, either directly or indirectly, through forced or voluntary recruitment by regular armed forces or armed groups. The research highlights the legal and ethical dilemma surrounding the definition of a child combatant, especially in the absence of a unified definition in international agreements—despite the 1989 Convention on the Rights of the Child and its subsequent protocols clearly prohibiting the recruitment of persons under the age of 18. The study also addresses the types of armed conflicts—international and non-international—explaining the legal challenges in classification, particularly in internal and internationalized conflicts. Furthermore, it discusses the concept of "direct participation" in hostilities and the implications of a child's involvement, including the loss of legal protection and the controversy surrounding their criminal responsibility.

The maqamat is one of the most prominent literary genres in the Arab heritage, blending narrative storytelling with poetic eloquence, making it a unique form that appeals to readers of all generations. Both al-Hamadhani and al-Hariri contributed to the development of this art, with the former considered its founder and the latter adding depth and richness to its themes.
This research will examine the maqamat of al-Hamadhani and al-Hariri, focusing on the artistic and thematic characteristics that distinguish their works. We will explore the literary and cultural influences that shaped each writer's vision and how they were able to express human issues and meanings through this unique literary style.
We will highlight rhetorical techniques, language use, and the importance of characters in constructing events, aiming for a more comprehensive understanding of the world of the maqamat and its role in Arabic literature. Furthermore, we will offer an analytical perspective on the creative output of both writers, contributing to a deeper appreciation of this rich literary heritage. This research aims to provide a comprehensive overview of the maqamat and celebrate the contributions of al-Hamadhani and al-Hariri to the enrichment of Arabic literature.

The protection of personal data in the digital age has become one of the major challenges facing the international community due to the direct threats to the right of privacy posed by technological advancement. In this context, the United Nations plays a central role as the broadest institutional framework for establishing international principles and standards to protect such data and regulate their processing through its declarations, covenants, resolutions, and the efforts of its specialized agencies. The present study highlights the international legal framework established by the United Nations and examines the extent to which it has contributed to consolidating the concept of personal data protection as an integral part of human rights in the digital era.

The Moral Impediment constitutes a personal circumstance and a statutory exception to the general rule that mandates written evidence for legal dispositions whose value exceeds the legal threshold. It is a moral, psychological, or incidental cause arising from the relationship between the two parties to a transaction, which precludes the claimant from obtaining a written instrument to prove their right, thereby creating a relative impossibility of procuring such evidence at the time of contracting. Consequently, the claimant is permitted to resort to testimony or parole evidence and all other methods of proof instead of written evidence, even though the value of the transaction exceeds the statutory limit. Kinship or affinity is recognized as one of the most prominent and common forms of the Moral Impediment, as the law presumes that the nature of a family, familial, or affinity relationship engenders a moral constraint that prevents one contracting party from demanding a written bond to prove a financial or other right from the other. Although kinship establishes a prima facie presumption of the impediment's existence, the authority to assess whether the Moral Impediment is present ultimately rests with the trial judge, who adjudicates the matter according to the facts and circumstances of each individual case, while considering the existence of any prior hostility or the parties' custom of written documentation in their dealings. The most significant legal effect of establishing the Moral Impediment is the admissibility of proof by testimony and presumptions, as the legal transaction that exceeds its legal threshold is converted from being mandatory to prove by writing to being admissible for proof by all methods of evidence (such as testimony, presumptions, admission, and the oath). This constitutes the primary effect of the exception.

Financing is regarded as a fundamental pillar of economic development in which investment constitutes its core and serves as the key driver for the advancement of developing economies. In this context, Qatari-Sudanese relations in the agricultural sector have represented a model of strategic cooperation aimed at achieving food security and strengthening investment partnerships. The study examined Qatar’s major investments in Sudan through companies such as Widam Food and Hassad Food, in addition to projects, led by the Qatari private sector. The findings indicate that, despite political and economic challenges, these investments have contributed to advancing agricultural development, expanding cultivated areas, and opening new horizons for the Sudanese economy.

What investing-exporting countries aspire to is stronger, more effective, and more reassuring guarantees from the host countries. Investors always seek guarantees that safeguard their rights and provide the necessary protection. They seek security, free from political and economic fluctuations. As is well known, guarantees instill a high degree of reassurance in the investor, which motivates them to invest their money in any country that offers these guarantees. They also seek to benefit from the advantages and facilities granted by the relevant authorities to foreign investors. All of this prompts investors to consider transferring their investments to the host country.
Foreign investment brings economic benefits to the host country, including the transfer of advanced technology, training of its citizens, improving their income, increasing exports, and reducing imports. It achieves comprehensive development.

The procedural silence in civil evidence within the context of civil litigation represents a crucial and complex procedural stance that raises numerous questions regarding the nature of its implications and the legal consequences it entails. This is particularly so given modern procedural legislations' endeavor to strike a balance between the right of defense and the proper administration of justice. While an accused in criminal proceedings has the right to remain silent, civil procedural legislations, being compared here, do not grant a litigant the same right in civil litigation. The litigant in civil proceedings is obligated to adopt a positive course of action which the law assigns a procedural effect, and to contribute to the manifestation of the truth. Silence is not always interpreted as a passive stance denoting an acceptance, an admission, a waiver, a denial, or a judicial presumption. Rather, the matter necessitates a profound understanding of its procedural context and the governing legal rules according to the specific procedural position that the litigant is required to take. To determine the true effect of procedural silence in civil evidence within civil litigation, this study initially examines the nature of procedural silence in civil evidence by analyzing its concept, determining its practical and legal basis, and establishing its legal nature, as well as its substantive and procedural elements. Afterward, the rules governing procedural silence in civil evidence are clarified by considering its practical applications across all stages of civil litigation. Finally, the study concludes by setting forth the effects of procedural silence in civil evidence. The study has reached a set of conclusions and recommendations which aims at enhancing legal clarity regarding procedural silence, thereby contributing to the stability of judicial transactions and ensuring the application of justice.

The nature of warfare today is experiencing weighty transformations driven by international variables, foremost among them the technological factor, which has emerged as a decisive element in shaping conflict strategies, determining its tools, actors, and objectives. Wars are no longer limited to traditional confrontations between regular armies; rather, they have evolved into multidimensional engagements encompassing cyberspace, media, artificial intelligence, unmanned aerial vehicles (drones), and other modern instruments of power. These technologies now play a pivotal role in influencing political relations among conflicting parties. The world is witnessing a clear shift from conventional warfare—characterized by first-generation wars—toward more advanced and destructive forms known as fourth- and fifth-generation warfare, which rely heavily on technology, media, and psychological operations.

Many rights are established for humans that protect their material interests, and the right to digital oblivion is one of those rights that emphasizes turning the page on the past and starting a new one. Without the blessing of forgetting, humans would not be able to start a new life free of traces of the past. In order for humans to feel secured in society, the right to control their information destiny must be recognized. Therefore, most international and regional laws and agreements have sought to protect this right, whether explicitly or implicitly, based on the idea of protecting personal privacy in light of the increasing process of collecting and storing personal data for an unknown period, which makes it difficult, if not impossible, to erase. The right to digital oblivion has received great attention at the international and regional levels, not as a legal tool, but as a human right linked to personal dignity, paving the way for individuals to build self-confidence and begin a life far from the painful past.

The legislator, upon issuance, grants the judgment immediate legal force and executory force, enabling the judgment creditor to execute it through the competent enforcement directorate and claim the established right. However, the legislator has limited this right of granting to a limited timeframe. If this timeframe expires, the right to executing also expires. And if the right to enforcement expires, the judgment creditor can no longer claim the established right. This conflicts with justice, especially since the right established by the judgment does not lapse simply because the judgment's enforcement power has lapsed. Therefore, a method must be found to enable the judgment creditor to claim this right. Since the legislator has not specified the procedural means by which the judgment creditor can acquire enforcement power, the judiciary has assumed this task through a lawsuit known as the "renewal of enforcement power" lawsuit. Because the legislator has not established a legal framework for this lawsuit, it has become a field for judicial and scholarly interpretations. This has also raised numerous questions regarding the nature of this lawsuit, its scope, its legal basis, the conditions for its admissibility, and the nature of the resulting outcome. Is it a ruling or a decision? What are the methods that can be used to appeal it? What is the duration of the appeal? Is what is issued as a result of the renewal lawsuit implemented, or is the ruling whose executive force has expired implemented?

This study investigates the interrelationships among Knowledge Absorption (KA), Strategic Short-sightedness (SS), and the mediating role of Green Intellectual Capital (GIC) within a public sector context. Specifically, it examines how Internal and External Absorption of knowledge influence Temporal and Spatial Short-sightedness through the development of Green Human, Structural, and Relational Capital. Despite the recognized importance of cognitive processes (KA) in mitigating organizational inertia (SS), the mechanism by which environmental sustainability capital (GIC) facilitates this relationship remains underdeveloped in the literature. To address this gap, a quantitative approach was employed. Data were collected via a questionnaire from a sample of 109 employees at the General Directorate of the Municipality of Maysan, achieving a response rate of 90.83%. The structural equation modeling results confirmed a significant positive correlation and a direct effect of Knowledge Absorption on mitigating Strategic Short-sightedness. More importantly, the findings established that Green Intellectual Capital plays a statistically significant mediating role in this relationship. The study concludes that the deliberate cultivation of green-focused knowledge capabilities acts as a vital strategic asset, enabling the directorate to better foresee and proactively address strategic short-sightedness, thereby improving long-term environmental and operational planning.

Judicial conciliation is considered an alternative procedural mechanism to ordinary litigation procedures, which are often complex, lengthy, and costly. Judicial conciliation aims to terminate the dispute between the parties, wholly or partially as the circumstances require, in an amicable manner through a third party who enjoys independence and impartiality. The Iraqi legislator has not regulated judicial conciliation, whereas some Arab and foreign laws have regulated it either within their provisions, by a special law, or through procedural codes including the French, Omani, and Emirati laws - due to the importance of this mechanism in relieving the burden on the judiciary. Judicial conciliation provides particular care in settling disputes by offering assistance in resolving the conflict, granting the disputing parties and the judicial conciliator a broad scope and an active role in settling the dispute at the lowest cost and in the shortest possible time by means of a consensual agreement. Accordingly, judicial conciliation should produce numerous effects, some relating to the settlement decision and others relating to the outcome itself. Comparative laws and legislations that have regulated judicial conciliation have differed in defining those effects. In all cases, the obligation to engage in judicial conciliation is an obligation as to the means, not as to the result. A settlement record is drawn up if the judicial conciliation process succeeds wholly or partially; however, this may not always be achieved, as it may end in failure for various reasons, in which case the dispute is brought before the competent court and proceedings in the lawsuit resume.