Basra studies journal

The difference in jurisprudence trends about the causer responsibility for the criminal result, between those who support his responsibility and those who reject it, it may result in a difference in its judgment in the penal laws according to the criterion adopted by the legislator when formulating its general rules. In view of the lack of clarity in ruling the criminal causer in terms of their responsibility for the criminal outcome in light of Article 29 of the Iraqi Penal Code No. 111 of 1969 (amended) contained in the general principles, it may varied the position of jurisprudence and the judiciary in its interpretation, Which prompted us to research this topic in order to determine the jurisprudence trend adopted by the Iraqi legislature on causation and then determine the responsibility of the causer in the light of the Iraqi Penal Code.
Keywords: The Causer, criminal responsibility, general principles, Iraqi jurisprudence, Iraqi judiciary.

Homosexuality is one of the serious issues facing humanity today. It is no longer just an expression of personal preferences or attraction towards the same sex, nor is it merely a moral deviation. It has become an attempt to negate the human existence represented by male and female, the binary that forms the cornerstone of building society. This poses a serious threat to human existence, in addition to undermining social and moral values in society, making homosexuality a globally recognized phenomenon.
Legislation has sought to protect individuals' personal freedoms, including sexual freedom, by stipulating that these freedoms must be exercised within legal and religious frameworks to protect dignity and public decency. Therefore, rules have been established to regulate various sexual behaviors, including homosexuality, so as not to conflict with moral, religious, cultural norms, and traditions prevailing in society. Regulating sexual instincts through legal rules ensures that they are directed in the right path, fulfilling their function in preserving gender and the continuity of the human race. However, if these instincts deviate from their function and pursue aberrant goals and objectives, they become a dangerous evil that must be prevented and mitigated.
Keywords: Homosexuality Crime, Sexuality, Sodomy, Lesbianism, Iraqi Penal Code.

The penal texts that make up the penal law as a whole include penal legal rules, and that these rules contain content, which is the essence or purpose of the rule, which is known as interest.
Since the legislator does not legislate a text without basing it on an interest that he protects through this text, whether this text is related to political, economic or social affairs, Thus, interest becomes the criterion on which the criminal legislator relies in drawing up his philosophy to solve some legal problems.
However, the interest subject to legal protection does not arise from a vacuum, but rather it is closely linked to the philosophy of the state, so what is considered an interest that requires protection under one philosophy is not considered so under another philosophy.
As a result of the philosophical and political transformation that the Iraqi Republic witnessed after 2003, after it had a dictatorial philosophy, it became a democratic one.
Keywords: democratic philosophy, dictatorial philosophy, interests considered for criminalization, political aspect, economic aspect, social aspect.

Study leave is one of the most important moral rights established by the legal system for public employees in Iraq and other comparative laws. Through it, an employee is considered to be continuously in actual service, which is counted for all legal purposes, and receives a full salary if they successfully complete their studies and obtain the contracted degree. Study leave is granted to improve the efficiency of public employees in performing their duties for the public service and to ensure its regular and continuous operation, achieving the public interest. A public employee is defined as "every person entrusted with a position within the ministry's staff or a body not associated with a ministry," and the public function is defined as "a national duty and social service aimed at the public interest and serving citizens in accordance with the applicable legal rules." The public facility is defined as "a public organization owned by the state, operating under the high administration of rulers in its centralized and decentralized forms, subject to a specific legal system that satisfies the collective needs of individuals in an organized, permanent manner, ensuring equality among the beneficiaries of the public facility."
The Iraqi legislator recognized the importance of study leave in developing the efficiency of public employees and raising their scientific level in the public facility. Therefore, they ensured its provision to employees who wish to obtain an undergraduate or higher degree in their field of specialization, according to the regulations specified in Article (50) of the amended Civil Service Law No. (24) of 1960, which was repealed and replaced by the provisions of Article (1) of the Civil Service Law Amendment No. (14) of 2009, as well as the regulations specified in the Study Leave Grant Instructions No. (165) of 2011.
To clarify this, our research will cover the concept of study leave, its regulations, the obligations of the employee on study leave, and the issues related to its grant, along with the main problems arising from granting study leave and obtaining the degree.
Keywords: study leave, public employee.

The concept of conflict of laws in constitutional justice is a modern idea that has not been previously addressed by jurisprudence. Conflict of laws in constitutional justice is considered one of the most important guarantees for the validity of constitutional rulings. Constitutional justice is a power or constitutional body established by the state like any other authority. Its main task is fundamentally the basis for monitoring the constitutionality of laws. Therefore, constitutional litigation constitutes one of the most important means of protecting the principle of legitimacy in its general sense. The constitution reigns supreme in the legal hierarchy of every state, so it is incumbent upon the legislative authority, as the entity with the original jurisdiction to legislate laws, to consider the constraints and provisions of the highest legal document in the state. Otherwise, legislation issued may fall within the realm of unconstitutionality whenever it conflicts with the provisions of the constitution. Based on this foundation, legal rules that contradict the provisions of the rigid constitution are void, even in cases where this is not explicitly stated in the constitutional document.
Keywords: Constitution, Conflict of Laws, Conflict of Laws Rules, Constitutional Litigation, Constitutional Bloc.

Observing the various crises humanity is facing today across societies and individuals emphasizes an important reality: much of these crises stem from significant moral gaps, negatively affecting both the spiritual and behavioral aspects of contemporary humans. Islamic societies have had their share of these multifaceted crises, significantly impacting the noticeable moral decline, especially considering the complexity characterizing present challenges.
The contemporary situation bears significant changes, an unprecedented openness to diverse ideas, cultures, and behavioral patterns amidst the information revolution and the remarkable diversity in media and communication channels.
In this article, we briefly discussed the topic of rumors, dividing the article into three chapters:
Chapter One: We discussed rumors linguistically and terminologically.
In Chapter Two: We pointed out the reasons for rumors, their types, and mentioned methods of their dissemination.
As for Chapter Three: We discussed the impact of rumors on society, then mentioned ways to address them, concluding the article by citing research sources and providing an index of the research contents.
Keywords: Rumor, Provisions, Sharia, Legality, Social Media.

The purpose of inquiry and credit rating is to achieve economic stability, and this cannot be achieved except by establishing an integrated legal regulation characterized by accuracy and clarity. The legislator has established legal texts that regulate these companies, regardless of their type, whether they are interconnected or independent companies, as specified Its obligations and the consequences of breach of these obligations. The credit inquiry and classification process may be practiced by banks as a banking service provided within the work that banks are obligated to carry out, or it may be a commercial work Among the commercial businesses practiced by commercial companies for the purpose of profit, the performance of these companies requires them to perform specific obligations that may be imposed by law or may be determined according to the terms of the agreement between the client and the company when concluding an inquiry or classification contract, and the consequences of breaching these obligations varied by The company, whether it is organized under special legal rules or left to be dealt with by general rules.
Keywords :commercial companies, classification, obligations, commercial businesses.

The principle of social justice has gained significant importance in recent times. Achieving social justice and protecting its principles have become key demands of the people and objectives of modern constitutions, declarations, and international treaties. The principle of social justice represents the common goal of various economic systems and serves as the fundamental pillar of all economic and social rights. Consequently, most modern constitutions and international efforts have focused on establishing the necessary legal rules to provide constitutional and legal guarantees for its protection. This is because such protection results in positive outcomes that enhance the social and economic status of a nation's citizens, leading to political stability and economic growth.
Keywords: principle of social justice, legal guarantees, constitutional guarantees, constitutional judiciary, administrative judiciary, independent bodies.

The independence of the parliamentary member is the basic pillar in the legislative and oversight process of parliamentary work, given the enormous tasks that the legislative authority has, despite the differences in political systems in determining these parliamentary powers and tasks. Since the legislative authority depends for its existence and performance of its duties on the human element related to its formation, represented by members of Parliament, Therefore, the performance of these tasks depends on the effectiveness of the members of Parliament and their role in performing their parliamentary duties, and this is directly related to the extent of the independence of the members of Parliament through what the constitutional and legal organization leaves behind the legislation of states in terms of dealing with the independence of members of Parliament and the extent of ensuring the provision of guarantees for this independence, especially since the nature of the member’s output The parliamentarian depends primarily on the work and activities he performs, whether inside or outside Parliament, with complete impartiality, objectivity and complete freedom. This independence is a necessity imposed by the reality of the situation as a result of the influences that the parliamentary member is exposed to, whether they come from the executive authority, individuals, as well as the judicial authority, and the source of these influences may be Parliament itself.
In fact, the idea of the independence of the parliamentary member is not a relatively recent idea, but rather came as a result of long constitutional, political and jurisprudential developments that led to the necessity of adopting this principle. We find that the beginnings of the basis for this independence began with the idea of the emergence of the principle of separation of powers and the developments that accompanied it, which resulted in the independence of the legislative authority as an independent institution alongside the executive and judicial authorities. Hence the emergence of the principle of this independence as an urgent necessity imposed by the evolving political and constitutional reality.
Keywords: Parliamentary representative, Independence, Separation of powers, Presidential system, Parliamentary system, Assembly system of government.

Modern criminal policy is increasingly adopting clear trends outlined by international rules and endorsed by most countries, incorporating them into national legislation. The primary aim of these policies is to protect juveniles from crime and prevent recidivism. These rules advocate viewing the juvenile not as a criminal deserving punishment, but as a victim of social circumstances that led to their delinquency.
Despite all the efforts made by the traditional criminal justice system to ensure the rights of juveniles, it remains inadequate in providing optimal solutions to address juvenile delinquency, which has been on the rise recently, with some forms taking on the character of organized crime. This necessitates different approaches than those used in the traditional criminal justice system.
As a result, a new judicial approach has emerged, known as restorative justice or reformative justice. This approach is enshrined in some international agreements, such as the 1990 Convention on the Rights of the Child, among others. These agreements emphasize the need to transition from formal judicial procedures to alternative measures where appropriate and to reintegrate children into society.
Restorative justice involves a meeting between the offender and the victim, sometimes in the presence of community representatives, to discuss the offense and attempt to reach a collective opinion on what the offender should do to compensate the victim for the harm caused. This compensation could be monetary, a moral apology, community service, or any other form of reparation, recognizing that crime is a breach of human relationships and affects the offender, the victim, and the community.
Finally, we hope that the Iraqi legislator will adopt the findings and recommendations of this research and attempt to integrate the traditional criminal justice system with restorative justice, similar to some other legislations. This integration could help reduce juvenile crime and delinquency, save the state effort and money, and achieve public benefit.
Keywords: Restorative justice, juvenile justice, international standards, criminal justice, measures.

Recently, the internet has become an accessible medium for the flow and dissemination of information, serving as a launch point for education, cultural awareness, and freedom of expression. While the ideas transmitted through the internet largely aim to satisfy legitimate informational needs, there is another aspect that can involve numerous deviations, such as the dissemination of images, symbols, and information harmful to individuals and society at large. These publications constitute a set of unlawful and unethical practices.
In the research titled " Penal liability arising from the publication of bad content," it is evident that the Iraqi legislator, through the current Penal Code, specifically in articles 403 and 404, addresses the criminal liability associated with content publication. The law stipulates that the publication of images, symbols, films, and the open expression of obscene songs or statements are all behaviors punishable by law if they violate public decency and morals. The Iraqi legislator has given public taste the authority to determine what constitutes bad content, which poses a problem as the legislator did not establish a precise standard to differentiate bad content from quality content.
Keywords: Bad content, Private corner, Moral pillar.

The general rule governing the course of civil lawsuits is to continue their proceedings without cessation or hindrance. However, this rule is subject to various exceptions for multiple justifications. Postponement of a civil lawsuit is one of these exceptions, which counters this general rule as it delays the lawsuit for a period of time. The legislator has regulated the mechanism for the conduct of civil lawsuits and granted the competent judicial authority the power to postpone civil lawsuits whenever necessary. This should be for a suitable period not exceeding the maximum limit set by law, whether done voluntarily or upon request of one of the litigants. Postponing a civil lawsuit entails several effects related to prolonging the litigation process and delaying the resolution of the civil lawsuit. If the postponement of a civil lawsuit is a legal means to grant litigants sufficient time to defend their rights, it necessitates granting litigants time to exercise their procedural rights and duties. Preserving time requires that postponement not be used as a tool for procrastination and delay in prolonging the litigation process, leading to a waste of time, effort, and increased financial costs. Therefore, the right to postponement must be within the permissible scope.
Keywords: Postponement, Civil Lawsuit, Interruption, Suspension, Arbitrariness.

Property ownership is a fundamental aspect of modern society and holds significant financial value for individuals due to its high monetary worth. This high value may deter property transfer by one of the contracting parties in transactions involving property transfer. This phenomenon was evident in Iraqi society during the 1970s, prompting legislative intervention to address it through a specific legislative policy distinct from other comparative legislations. This policy was based on several criteria and implemented within a specific scope of treatments.
Keywords: Policy, Compensation, Breach, Transfer, Real Estate.

This study, titled "Considered Interests in the Decision to Dismiss an Incompetent Employee," aims to clarify the concept of an incompetent employee and discuss all the legal aspects related to organizing their legal status in light of Iraqi legislation. It also seeks to outline the scope and limits of the interests considered in issuing a decision to dismiss an incompetent employee.
Keywords: employee, public service, competent, confirmed employee, probationary employee.