Risalat al-huquq Journal

The Iraqi legislator, in enacting laws, attempts to find solutions to the problems that arise in society. Perhaps marital rights, with their inherent ambiguities, transgressions, and errors by both spouses, constitute the greatest obstacle to these laws. Even the Personal Status Law of 1959, which included solutions at that time, was designed to address these issues.
The stage, and at the beginning of 2025, the first amendment to the Iraqi Personal Status Law No. 188 of 1959 was issued. Following this law, the Code of Sharia Rulings on Personal Status Matters according to the Ja\'fari School of Thought was established as a legal text containing appropriate solutions that combine the legal text and Islamic jurisprudence, and all work
However ambiguous or open to interpretation by all parties involved in the dispute, represented by the spouses, one of them may resort to legal texts to try to prove their right. However, through this reliance, the husband may sometimes abuse his marital rights as recognized by law and Sharia, causing tangible material and moral damages.
Damages necessitate compensation from the husband to his injured wife, in accordance with the provisions of the law and through the Personal Status Courts or the Courts of First Instance. The judiciary is the safeguard when a husband abuses his legal rights against his wife, resolving disputes between men and women and regulating equality between them according to applicable laws

The principle of the separation of powers constitutes one of the most fundamental pillars of modern constitutional systems, serving as a safeguard to ensure balance among state institutions and to prevent the concentration of authority in a single branch at the expense of the others. However, this principle—originally conceived in traditional historical contexts—faces profound challenges today as a result of rapid technological transformations that have reshaped the modes and boundaries of exercising power.These transformations manifest through the full digitalization of public administration, the dominance of global technology corporations over critical aspects of the public sphere, and the growing control of data, information, and communication. Consequently, there is an urgent need to revisit and critically analyze the separation of powers, not only from the perspective of institutional independence, but also in light of its adaptability to a new reality in which legislative authority is intertwined with artificial intelligence, executive authority is influenced by digital surveillance systems, and judicial authority is confronted with questions of electronic evidence and privacy rights.This study moves beyond a historical review of the classical constitutional theory to highlight the inadequacy of traditional mechanisms in addressing the outcomes of the technological revolution.It underscores the necessity of developing more flexible frameworks that can sustain mutual checks and balances in emerging contexts.The issue is no longer confined to the relationship among the three classical branches of government, but has expanded to encompass the state’s interaction with new forms of authority operating outside conventional institutional frameworks—such as digital platforms, data centers, and transnational corporations.
The central hypothesis of this research is that modern constitutions must renew their institutional and oversight structures to preserve the spirit of the separation of powers in an increasingly complex environment, and to prevent technology from becoming an instrument for concentrating power in the hands of actors that are not subject to democratic or judicial accountability

Human right and Fundamental Freedoms are among the foundations of the Constitutional system in most countries of the world. However, enshrining these rights and freedoms in the constitutional document remains merely a Constitutional declaration unless effective mechanisms are established to guarantee the enjoyment of these rights and Freedoms. Constitutional courts are among the important mechanisms that protect these rights and freedoms, as they are institutions that work to activate the Constitutional protection of the system of fundamental rights and freedoms and move them from the status of a constitutional declaration to effective protection by the constitutional judiciary in some comparative constitutional systems, where protecting these rights and freedoms has become an integral part of the responsibilities of constitutional courts. The supreme courts in various countries-including the Federal Supreme Court in Iraq – are considered the primary body that guarantees respect for human right and freedoms. This research is of particular importance as it contributes to understanding the role of constitutional courts in strengthening the legal protection of human right in Iraq and the countries compared. To shed light on the above, we will divide the topic into two sections. The first section will address the conceptual framework of fundamental rights and freedoms and constitutional courts, while the second section will be dedicated to explaining the practical framework of constitutional courts and their role in protecting fundamental rights and freedoms we conclude the research with a summary of our findings and recommendations. May God grant us success

Artificial intelligence (AI) has become one of the most influential modern technologies affecting electoral processes, both in administration and voter engagement. AI is used to manage voter databases, analyze voter behavior, and predict election outcomes by processing large volumes of data with high accuracy and speed. It also enhances political campaigns by enabling targeted messaging tailored to specific groups of voters.
On the other hand, the use of AI raises significant legal and ethical challenges. These include the risk of manipulating public opinion through misinformation and deepfakes, as well as concerns over privacy violations and misuse of personal data. Therefore, it is essential to establish legal and regulatory frameworks to ensure the transparent and fair use of AI, preserving the integrity of electoral processes and strengthening public trust

When life's circumstances change, the contract the two parties voluntarily entered into transforms from a covenant document fulfilling their aspirations into a document of injustice against one of them. If this is the case, the international commercial arbitrator rolls up his sleeves and intervenes to save the contract from the risk of termination. He balances the interests of both parties and extends his support to the party harmed by the changed circumstances.
However, granting the arbitrator the authority to amend the contract requires us to seek a legal basis for such authority. This ensures that the arbitrator is not considered to be violating the rules of international trade or the national laws related to the subject of the dispute. This ensures that the arbitrator is protected from the invalidity of his arbitration decision. Furthermore, the international commercial arbitrator should not amend the contract to the point of radically changing it, but rather should make such amendments to achieve a balance between the two parties. As a result, we have addressed the research topic according to a plan that includes an introduction and two chapters: the first chapter includes the concept of arbitration modification of the contract, while the second chapter deals with the conditions of arbitration modification of the contract, then we mention the conclusions and proposals we have reached in the conclusion.

This study addressed the legal protection of a buyer who purchases from a non-owner, and examined the concept of protecting such a buyer. It also discussed the foundation of civil protection for the buyer from a non-owner, the functional roles of such a buyer, and highlighted the importance of this protection.
The study then explored the justifications for protecting the buyer from a non-owner, clarified the principle of good faith, and evaluated the role of good faith in providing such protection. It also explained the theory of apparent situation (ostensible ownership), its elements, and assessed its role in ensuring protection for the buyer from a non-owner. Furthermore, it examined the legal guarantees established to protect the buyer from a non-owner, and addressed the buyer’s right to recourse against the seller through the warranty against disturbance and the claim of entitlement (eviction). It clarified the buyer’s rights under both of these remedies.
Finally, the research concluded with a set of findings and recommendations, the most important of which is that protecting a good-faith buyer constitutes an exception to the general rule established in civil laws.

The legislative authority in parliamentary systems is responsible for enacting laws entrusted to it by the people, either through its own proposals or through government proposals proposed to it through cooperation between the two parties. The current study examines the legislative performance of the legislative authority and attempts to explore the causes and determinants of its weaknesses and areas of legislative shortcomings.
In light of this, the study reviews the legislative performance of the legislative authority in comparison with the Iraqi democratic experience established after 2003, analyzing the causes and consequences that accompanied it, particularly the weak legislative performance and the resulting legislative shortcomings. It then arrives at a number of conclusions and proposals related to the topic.

The criminal liability of the public employee arises from the legal status, when a criminal judgment is issued for an act that constitutes two criminal and administrative crimes, and this effect varies whether the criminal judgment is issued by conviction or innocence before the authority competent to impose the disciplinary penalty. As a result of this close link between the criminal and administrative crime, the authority competent to impose the disciplinary penalty adheres to what is stated in the criminal judgment, considering that the criminal judgment enjoys full authority before the competent authority to impose the disciplinary penalty, and therefore the competent authority adheres to imposing disciplinary punishment in the judgment on the matter of the employee or not on the basis of what is stated in the criminal judgment issued by the criminal courts, with regard to the innocence or conviction of the employee

This research addresses the problematic issue of consent in contracts concluded via Artificial Intelligence (AI) technologies, focusing on the existence of mutual assent and the methods of expressing it within this environment. It highlights the challenges facing the general rules of civil law resulting from the transition from direct human will to programmed will. Furthermore, the study examines the specific nature of offer and acceptance and how they are manifested, as they are executed autonomously through intelligent agents. It also explores the extent to which this will can be attributed to the system user, given the lack of legal personality for machines. Additionally, the research sheds light on the difficulty of verifying legal capacity on decentralized platforms that rely on encryption and pseudonyms. The research concludes that AI remains a technical tool for expressing the will of its owner, which necessitates updating legislative frameworks to adopt digital verification methods (such as biometric identifiers and electronic signatures) to ensure transaction security and the protection of contracting parties