Journal of Kufa legal and political science

Abstract:
Silence is considered one of the most controversial issues in contractual intent, as it embodies a tension between the general principle that silence does not constitute acceptance and the exceptions under which it may be accorded legal effect when accompanied by indications revealing genuine consent. With scientific progress, the development of contracting methods, and the emergence of electronic contracts, new forms of silence have arisen, giving rise to novel legal implications that require careful analysis. Accordingly, this study seeks to examine the extent to which silence may indicate acceptance in electronic contracts, through an analysis of the legal position under Iraqi law and comparative legislations, as well as an exploration of the treatment of this issue in Islamic jurisprudence, with a view to identifying the criteria and controls that may be relied upon to consider silence as a valid expression of acceptance in electronic contracting.

This research examines the contradiction between the legal text and practical reality in the application of the ten-year guarantee, as the Iraqi legislature has explicitly limited the application of this guarantee to construction contracts, pursuant to Article 870 of Iraqi Civil Law No. 40 of 1951, when it considered it to be one of the legal effects of this contract and no other. However, the urban development that Iraq has witnessed has given rise to new types of contracts in the field of construction, particularly in residential complex projects, where the seller of the residential unit is the actual builder, who constructs it and then sells it to the real estate consumer.
This development has given rise to a legal situation that differs from the traditional concept on which the ten-year warranty is based, as real estate consumers often lack the technical expertise and technical ability necessary to detect serious defects that threaten the durability or safety of the building. However, the formal adaptation of the relationship as a sales contract leads to the exclusion of the application of the ten-year warranty, which in practice leads to the seller-builder escaping the specific responsibility established to guarantee the safety of the building for a period of ten years from the date of delivery.
This creates a contradiction between a law that is limited to the traditional classification of contracts and a new construction reality that produces complex contractual forms that go beyond that classification. This contradiction has led to a disconnect between legal regulation and the requirements for effective protection of real estate consumers, which requires an interpretive rather than a legislative solution based on a re-reading of existing texts in light of their objectives and social function.
In this context, the research proposed addressing this issue through two complementary approaches: The first is to readjust the contract for the sale of residential units in housing complexes when the seller is also the builder, so that the contract is considered to include a fundamental constructive element that justifies its subjection to the provisions of the ten-year warranty. The second axis is based on adopting a functional understanding of the ten-year warranty, which focuses on its purpose of protecting the safety of the building and the stability of transactions, regardless of the formal description of the contract.
Thus, the seller of a residential complex can be subject to the provisions of the ten-year warranty when it is proven that he is the actual builder, without the need for new legislative intervention, by employing legal interpretation mechanisms that achieve harmony between the text and reality and restore communication between them within a framework of consistency and justice.

This study analyzes the Baathist state in Iraq as a totalitarian instrument of violence, combining material and ideological control, and utilizing history, memory, and tribal and sectarian identities to consolidate loyalties and reinforce power. It highlights the role of media and literature in shaping public consciousness, drawing on individual and collective psychology to demonstrate how the state transforms obedience into internalized conviction, integrating symbolic and physical violence to reproduce authority. The Iraqi experience reveals the nature of totalitarianism in reshaping society, turning citizens into submissive elements within a network of narrow loyalties.

This study examines financial conditions in the marriage contract as contractual tools with legal and Sharia dimensions, directly influencing the balance between spouses. With evolving economic realities and shifting social roles in Arab societies, there is a growing need to regulate and interpret these conditions within frameworks that align with Islamic objectives and legal norms.
The research explores the conceptual foundations and key jurisprudential debates on the permissibility of financial conditions, particularly those concerning spousal expenses, asset ownership, and financial responsibilities. It analyzes common modern applications, such as the wife’s contribution to expenses or agreements on managing jointly acquired wealth, in light of Sharia evidence and current legal systems.
The study also addresses the legal and judicial consequences of these conditions—especially the judge’s authority to amend or revoke them—and examines their enforceability in case of breach. It calls for a balanced perspective that protects financial rights while preserving marital stability, and offers a contemporary framework integrating Islamic jurisprudence and modern law to reduce future disputes.

The international system is in a state of constant change, and this is its fundamental and evolving characteristic, given the ongoing shifts and transformations in the various interactions among international actors, whether states or institutions. This transformation is dominated by a relative shift in power dynamics within the hierarchy of power—specifically, the progression from military power to economic power to technological power—and the pursuit of integrated power to reach the pinnacle of the international system and maintain that position.
After the United States emerged victorious from World War II, it assumed a leading position in the world by possessing the greatest power on the planet, which enabled it to impose its views on the world through its unilateral shaping of the international order—an order that was imposed as the model to be followed.

A person has a private life that he enjoys freely, with all its secrets and personal matters related to him and affecting his personality and dignity, which he tries to protect from intrusion by others who are lying in wait to obtain data or information about the victim, and then blackmail him to achieve their own personal interests. The attacker may obtain data or information from the victim relating to his privacy and secrets, which the latter tries to protect and preserve from being violated or infringed upon, and prevent from being used against him, through blackmail and threats.
Legislation, such as Iraqi, French, Egyptian, and Emirati law, has addressed the crime of cyber-extortion of privacy rights, placing great importance on it, and has attempted to find appropriate remedies for it by imposing deterrent penalties for this crime. However, they have not adequately regulated it, which would have cleared the mind of every issue raised in this regard, especially since it pertains to the scope of cybercrimes.

This research aims to identify civil liability for damages arising from the use of intelligent autonomous systems (self-driving cars as a model). The importance of this research stems from its addressing a contemporary topic where technological development intersects with legal principles. It tackles a practical problem that is becoming increasingly important with the rapid spread of self-driving cars. The research problem lies in the shortcomings of traditional civil liability rules in dealing with damages resulting from the use of intelligent autonomous systems, particularly self-driving cars, due to the difficulty in determining liability for damages in the absence or decline of direct human involvement in operation and decision-making. The research adopted an analytical approach to study civil liability rules and their application to damages arising from self-driving cars. The researcher reached a set of conclusions and recommendations, the most important of which is that intelligent autonomous systems, especially self-driving cars, represent a qualitative shift in the concept of action. The harm caused by the relative independence of autonomous vehicles in decision-making, coupled with the clear shortcomings of traditional civil liability rules in determining liability for damages arising from their operation, necessitates legislative intervention to regulate civil liability for damages resulting from the use of autonomous vehicles through specific legal provisions. The legal status of the owner, user, manufacturer, and software developer must be clearly defined.

Academic freedom for university professors, which includes the freedom of teaching, scientific research, and expressing opinions without censorship, constitutes part of the general freedoms enjoyed by humans. In this study, we start by emphasizing that academic freedom derives its roots from the human mind's ability for critical and analytical thinking in the production of knowledge, making it an essential necessity for the development of scientific research and the quality of higher education. We have dedicated this research to studying the academic freedom of university professors in light of judicial jurisprudence, and discussed the limited judicial applications in education disputes, which is attributed to the recentness of granting the judiciary—particularly the administrative judiciary and the employees' judiciary—the authority to consider these disputes after the legal restriction was lifted in 2015. Given the scarcity of rulings, the Iraqi judiciary has nonetheless explicitly recognized the academic freedom of university professors through its jurisprudence and has contributed—albeit partially—to defining some of its forms, particularly by confirming that university professors enjoy discretionary authority in fulfilling their duties related to the academic aspect, which helps protect the quality of higher education in accordance with the principle of academic rigor.

The digital revolution the world has been witnessing in recent years, centred on the use of artificial intelligence across various sectors, such as healthcare, security, marketing and public services, has raised concerns regarding infringements on individuals’ privacy, particularly through mass surveillance, data collection and predictive analytics. The issue raises a fundamental question regarding how Moroccan legislators address the impact of artificial intelligence technologies on individuals’ privacy and the extent to which a balance can be struck between technological development and the right to protection against privacy violations and breaches. To cover all aspects of the subject, the study adopted an analytical and descriptive approach to discuss the dimensions of the impact of artificial intelligence on individuals’ privacy and the resulting challenges. The study was divided into three parts, the first of which was devoted to the conceptual framework of the term ‘privacy’ and the digital age. The second part then addresses the manifestations of the impact of artificial intelligence on individuals’ private lives through the use of smart programmes and applications that place the ‘digital citizen’ before the challenges posed by the impact of artificial intelligence applications on their private sphere. The third and final part addresses aspects of civil protection for individuals from the effects of artificial intelligence under Moroccan law. The study concluded that, despite the existence of legal protection, further efforts are required to raise legal and technical awareness of the risks of artificial intelligence through a participatory approach involving all components of society – the state, public institutions, civil society and individuals.

Some countries targeted by sanctions are trying to curb the effectiveness of the punitive policy used by the United States of America within a continuous series of foreign policy tools that precede the military option for resolving disputes with and dealing with other actors. Countries are creating and developing a variety of mechanisms and procedures to counter sanctions. Over the years, Russia and Iran have been able to thwart American efforts to isolate them and starve their economies by building a sanctions-resistant economy through the development of policies aimed at enhancing their economic resilience and reliance on local capabilities. Both countries have also pursued a policy of diversifying trade relations. To enhance their financial independence and mitigate the risks inherent in unilateral American sanctions, both Russia and Iran have intensified their efforts to try to get rid of the US dollar by accelerating the use of their currencies in trade transactions.

This study analyzes the growing role of artificial intelligence (AI) in crime prevention and control, reviewing its applications in proactive criminal analysis, cybercrime detection, enhancing public safety in smart cities, combating financial crimes, and supporting criminal investigations. The research, employing a descriptive and analytical approach, demonstrates that major technological shifts have led to an expansion in the scope of crime and a more complex set of methods, rendering traditional tools insufficient for detection or prevention. Meanwhile, AI has provided in-depth analytical capabilities based on big data processing and predictive algorithms that identify patterns of criminal behavior and guide security authorities to actual danger zones. The study shows that AI has become the most effective tool in combating cybercrime.
Thanks to its ability to analyze network traffic in real time, detect attacks before they occur, and identify anomalous activities that could lead to data breaches, theft, or system sabotage, smart cities are increasingly relying on intelligent surveillance, video and behavioral analysis, and crowd management, thus enhancing prevention and raising the level of urban security. In the financial sector, intelligent systems have proven their ability to detect money laundering, fraud, and financial manipulation by analyzing a client's financial fingerprint and monitoring deviations, while artificial intelligence has provided significant support to criminal investigations through the analysis of digital evidence.
Images, videos, DNA fingerprinting, and crime scene reconstruction are among the advancements in artificial intelligence. Despite these advancements, the study highlights legal and ethical challenges related to privacy, achieving algorithmic transparency, and determining liability for technical errors. This underscores the urgent need for a legislative framework that balances security effectiveness with the protection of rights. The study concludes that artificial intelligence represents the future of modern criminal policy, provided it is regulated by legal systems that ensure its judicious use and compliance with the principles of justice.

Since 2018, international relations have witnessed a qualitative transformation in the patterns of conflict among major powers, with cyberspace emerging as a central arena for the reproduction of global hegemony. The strategic competition between the United States of America and China stands at the forefront of this transformation, driven by the rapid acceleration of the digital revolution, the growing significance of data, and the expanding role of advanced technologies in shaping the balance of international power.
The concept of hegemony is no longer confined to military or economic superiority; rather, it has become closely associated with a state\'s capacity to control digital infrastructures, secure the information domain, and possess effective cyber influence capabilities. This shift has turned cyberspace into an open arena of strategic competition, where security, economic, and political dimensions intersect, and where non-traditional tools—such as cyberattacks, digital espionage, and information warfare—are extensively employed.
This study aims to analyze the dynamics of this rivalry by examining the structural foundations that have transformed cyberspace into a domain of hegemony, as well as by exploring the tools and mechanisms employed by both parties in this competition. Furthermore, the research investigates the implications of this conflict for the structure of the international system and seeks to anticipate its future trajectories in light of escalating tensions and the increasing reliance on technology across all spheres of life.

Contracts are divided into several types according to different criteria. Based on their formation, they are classified as consensual, formal, and real. Based on their effect, they are classified as bilateral and unilateral. Based on the presence of consideration, they are classified as exchange and donation. Based on the essential nature of the contract, they are classified as immediate and continuous. Based on the determination of consideration, they are classified as fixed and contingent.
After the Iraqi legislator regulated contingent contracts in Chapter Four of Book Two of Part One of the Civil Code, in Articles (975/1007), this chapter (contingent contracts) was divided into three sections: gambling and betting, life annuity, and insurance contracts.
After the legislator prohibited gambling and betting contracts in Article (975/1), which stipulated that "any agreement related to gambling or betting is null and void," the legislator permitted betting by competitors personally in sports in Article (976/1), which stipulated that "betting made personally between competitors in sports is exempt from the provisions of the preceding article. However, the court may reduce the amount of this bet if it is excessive."
Thus, the Iraqi legislator did not include the valid betting contract in the general rule, but rather implicitly referred to it in the context of regulating gambling and betting as a contract of probability. The legislator sufficed with considering the betting contract null and void in principle, and considered betting by competitors personally in sports permissible as an exception. This exception should not be broadened or used as a basis for analogy. Furthermore, the legislator has not regulated the provisions of this type of betting, nor defined its conditions, nor established a specific standard for determining its permissibility. Moreover, betting in sports can occur between non-competitors, and betting between competitors themselves can occur in non-sports events.
It is evident, therefore, that betting between competitors themselves is a topic that has not been adequately explored in legal studies, nor sufficiently regulated in civil law, unlike the situation in Islamic jurisprudence. This has prompted an examination of this topic in terms of its concept, scope, and legal rulings .

This National interest is one of the most prominent legal concepts embodying the state's will to protect its public order and safeguard the foundations of its sovereignty when interacting with international legal rules. It represents a balancing act between the requirements of international justice and the demands of domestic legal security. It is the ultimate expression of the state's presence in the field of conflict of laws when necessity dictates extending the jurisdiction of the judge's law to protect its fundamental interests. National interest manifests itself in the realm of relations with a foreign element as a variable standard, and resorting to it becomes essential when the application of foreign law threatens the stability of the domestic legal system or infringes upon the fundamental values upon which society is based. In this sense, national interest is not merely a theoretical concept but a legal practice rooted in the spirit of sovereignty, striving to establish a balance between openness to international cooperation and the preservation of the state's legal identity and legislative dignity.

The relationship between language and legislation is complex and highly intertwined. The effectiveness and binding force of legislation depend on the power and connotations of language. Language is the primary tool through which legislation is drafted, interpreted, and applied. Consequently, it plays a crucial role in shaping the legal system and its impact on society. When legislation is drafted, language is used to define rights and obligations, and to specify penalties and legal procedures. Through this process, legal words and terms acquire specific meanings and connotations that influence how laws are understood and applied.
The relationship between language and legislation is complex and highly intertwined. This means that the relationship between language and legislation is not unidirectional, but rather interactive and transitive. When society develops and values and beliefs change, legislation is modified to reflect these changes, and this in turn affects the language used in drafting legislation. Conversely, developments in language can affect how legislation is understood and applied. This relationship can be described as a parallel process between language and legislation, where each is affected by the other in a mutual evolutionary movement. Therefore, understanding the relationship between language and legislation requires an in-depth study of both language and legislation and how each affects the other.