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

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

In light of the continuous development witnessed in administrative law, advisory opinions have come to occupy a significant position within the legal system governing administrative action, particularly in fields that require technical precision or prior legal safeguards before the issuance of an administrative decision. In order to uphold the principle of legality and ensure the proper performance of administrative functions, the legislature may require the administrative authority, as a prerequisite to adopting a specific decision, to seek the opinion of a competent advisory body, whether an authority or a technical committee. This requirement aims to surround the administrative decision with neutrality and objectivity and to reduce the likelihood of arbitrariness and abuse of power.As a result of this legal obligation, the advisory opinion may constitute a formal or substantive procedural requirement, the omission of which may affect the validity of the decision, even where the administration is not bound by the substance of that opinion, so long as the law has mandated the principle of consultation itself as a safeguard for generating the decision within a sound legal framework. This is particularly the case where the advisory opinion is of a binding nature, in which event it becomes one of the essential elements of the validity of the administrative decision and a necessary.Undoubtedly, the subjection of the administration to the rule of law represents the fundamental pillar that balances its powers with the rights of individuals, and administrative justice constitutes the most effective instrument for achieving such oversight. Administrative decisions, as the practical manifestation of acts of public authority, are subject to review by the administrative judiciary, which examines their legality in terms of form, jurisdiction, cause, subject matter, and purpose. Accordingly, the scope of judicial review extends to verifying the extent to which the administration has complied with the procedures imposed by law, including the advisory opinion, whenever it is considered an integral part of the legal form or a safeguard connected to the validity of the administrative decision.

This research examines the role of artificial intelligence (AI) in enhancing and developing the management of the electoral process, as one of the most significant technological transformations the world is witnessing in modern electoral systems. The research highlights the positive role of AI in promoting integrity and transparency, reducing human error and manipulation, and detecting electoral violations and combating misinformation that influences voters\' will. The research also discusses the legal issues arising from the use of these technologies, particularly those related to the protection of personal data, the secrecy of the vote, the limits of legitimacy, and respect for constitutional rights.
In conclusion, the researcher emphasizes the need to avoid treating AI as a replacement for human will or competent authorities, but rather as an auxiliary tool requiring specific legislation that defines its areas of application and legal safeguards. This will ensure a balance between technological advancement and the requirements of democratic integrity in managing the electoral process.

The rapid advancement of artificial intelligence (AI) technologies has significantly influenced various fields, including the legal sector, leading to substantial transformations in legal practices and procedures. This study aims to examine the role of AI in legal work, focusing on the legal frameworks in Iraq and Iran, and analyzing the extent to which existing legislation accommodates these emerging technologies.
The research explores the applications of AI in legal consultation, legal text analysis, drafting legal documents, and supporting judicial processes, as well as its role in accelerating litigation procedures. It also addresses key legal challenges associated with AI, particularly legal liability, data protection, professional confidentiality, and the possibility of delegating legal tasks to intelligent systems.
The study concludes that both Iraqi and Iranian legal systems lack explicit regulations governing the use of AI in the legal field, highlighting the need for legislative reform to balance technological benefits with the protection of rights and freedoms. It further emphasizes the importance of adopting the concept of the “intelligent legal assistant” rather than a “robot lawyer,” in line with the personal nature of the legal profession

The crime of invalidating documents to prove ownership rights is considered a crime due to its harmful effects on individuals and society, as it squanders the rights of others and exposes them to loss. This leads to a loss of trust in dealings between people, as it is the primary factor in facilitating transactions and resolving disputes between them.
The Iraqi legislator criminalized the act of invalidating documents in the provisions of Penal Code No. (111) of 1969, as amended in Article (300), and made it a felony due to its harmful and dangerous effects on individuals and the state. It is considered a crime that undermines public trust. Furthermore, it requires a special element in addition to the general elements, and it is a crime that can be achieved through positive behavior and cannot be imagined through negative behavior.
Accordingly, the study of this topic will be divided into two sections. In the first, we explain the concept of the crime of invalidating documents to prove ownership rights, and in the second, we outline the elements of the crime of invalidating documents to prove ownership rights and its penalty.

Arbitration plays an important and effective role in the settlement of disputes under private international law. Advances in the use of modern technologies and science have led to the application of artificial intelligence in various fields; consequently, artificial intelligence can be used to resolve disputes of a private international nature; to save time and effort and reduce the burden on national courts. However, the use of smart arbitration as a means of resolving disputes should be limited to straightforward cases in order to preserve the confidentiality of information and evidence relating to the parties to the arbitration. The decisions issued by the smart arbitrator are referred to as awards. The legislators of Iraq, Egypt and the UAE have not addressed the subject of smart arbitration awards within the framework of private international law; consequently, they have not established a specific definition for smart arbitration awards, as these awards have been described as being of a (contractual, judicial, independent) nature. Certain conditions must be met for the application of smart arbitration awards in the field of private international law to ensure their enforcement and recognition. Furthermore, there are obstacles or challenges to the enforcement of these decisions and awards, which necessitate legislative action.

In the so-called information age, property in the virtual world has gained increasing importance as a commodity that can be bought and sold, exchanged across national borders, created, licensed for use and exploitation, and even stolen. In this context, we can view the growing economic interest in property in the virtual world. This ongoing interest in this topic comes in response to rapid and successive technological developments. Due to its intangible nature, this property cannot be evaluated or treated in economic relations on the same basis as physical property. Perhaps the reason for this is that what property means in the virtual world is not fixed, but rather indicates capitalism\'s need to exploit new resources produced by continuous technological progress. The structure of knowledge changes, not only in the form of information and technological definitions, but also in the form of beliefs and visions that influence social and political relations. This necessarily leads to a redefinition of the things that represent the elements of virtual property. Hence, acquiring property in the virtual world requires legality. There is a complex fabric of social relations in which the social entity of property in the virtual world is strongly linked to its manifestations
Accordingly, within the framework of this research, we will demonstrate the derived methods for acquiring this new type of ownership, and the most prominent aspects available therein, in the form of two sections. In the first section, we examine the acquisition of virtual ownership through digital inheritance, while in the second section, we address the acquisition of virtual ownership through a digital will.

The purpose of this research is to study the forms of administrative violations in the implementation of judicial rulings issued against the administrative authorities, through the analysis of different forms of the administration\\'s refusal to implement or circumventing it, within the framework of a comparative study of the legal system in Iraq, Egypt and Iran. And the importance of the search stems from the fact that the implementation of judicial rulings represents the crucial stage in the investigation of justice and the protection of rights, since the non-compliance of administrative authorities with the rulings issued by the opposite parties deprives the judiciary of its activity and weakens the trust of individuals in public institutions, in addition to the issue of the separation of powers and the administration\\'s submission to the law. The research was based on the descriptive analytical method and the comparative method, through the analysis of the related constitutional and legislative texts, and the study of judicial and jurisprudential ijtihads in the countries where the comparison is made, with the aim of reaching scientific results that can contribute to enhancing the effectiveness of the implementation of judicial decisions and reducing the manifestations of administrative violations. The results show that the administration\\'s responsibility for the disruption or delay in implementation is a common principle among the legal system, and that multiple methods of disruption include delay or partial implementation, and conditional or different implementation, with differences in the application of regulations and sanctions between countries; Where Egypt and Iraq focus on holding the administration accountable and compensating the affected, while the Iranian system relies on disciplinary sanctions and temporary dismissal of employees

This study aims to analyze the governing principles for imposing disciplinary sanctions on public employees through a comparative approach between Iraqi, Egyptian, and Iranian law. It seeks to determine the extent to which the disciplinary systems in these countries are influenced by general criminal law principles, such as the legality of offenses and penalties, the principle of proportionality, non-retroactivity of sanctions, and guarantees of the right to defense. The research problem lies in the varying degrees of alignment between these systems and criminal law principles, due to differences in constitutional foundations and legislative techniques. The study adopts a comparative analytical methodology to evaluate the legal foundations, disciplinary procedures, and employee safeguards within each system. This research further aims to clarify the principles governing the imposition of disciplinary sanctions on public employees by examining relevant legislation and judicial trends in several Arab legal systems. It discusses the theoretical framework of disciplinary sanctions, the legal bases regulating the administration’s exercise of disciplinary authority, and the guarantees afforded to public employees during disciplinary proceedings The importance of the topic stems from the fact that disciplinary authority is essential for preserving the regularity and efficiency of public services; however, its exercise without clear constraints may lead to abuse of power, violations of employee rights, and threats to the rule of law. Hence, the need arises to study principles that ensure a balance between administrative requirements and employee rights. The research problem centers on the differences among the compared legal systems in regulating the standards governing the imposition of sanctions, including the absence of clearly defined criteria for proportionality, reasoning of decisions, and defense guarantees in some systems. Such discrepancies affect the fairness of the disciplinary system and create inconsistencies in practice. Therefore, the research seeks to answer the following question: To what extent do the compared legal systems adhere to the principles governing disciplinary sanctions and provide effective protection for public employees? The research reached several key findings, the most important of which are: The principle of legality constitutes the fundamental basis for any sanction, and the administration may not impose a penalty without a clear legal provision. The principle of proportionality between the offense and the sanction serves as a crucial safeguard against administrative abuse. Defense guarantees such as the employee’s right to be informed, to respond, and to access the investigation file are essential to achieving disciplinary justice. Providing reasons for the disciplinary decision is necessary for its validity and for enabling judicial review. Judicial oversight of disciplinary decisions represents the most effective safeguard against misuse of disciplinary authority. While some modern legislations have moved toward enhancing employee protections, others still grant broad administrative powers without sufficient guarantees. There is a need to develop legislation and unify principles in line with contemporary administrative justice standards. Accordingly, the study contributes to forming a comprehensive vision of a robust disciplinary system that balances the protection of public service efficiency with the preservation of employee rights

This research aims to study and analyze the relationship between oversight bodies in Iraq and Jordan, and the extent of this relationship\'s impact on reducing the phenomenon of administrative corruption. This is achieved by examining the nature of these bodies, their mandates, their oversight tools, and the extent of their. and effectiveness in carrying out their duties in both countries. The research relied on a comparative and descriptive-analytical approach, analyzing constitutional and legislative texts related to oversight bodies in Iraq and Jordan, and comparing the roles played by each of the integrity commissions, accounting bureaus, and grievance bureaus in the two countries. The research reached a set of findings, most notably that the oversight bodies in both Iraq and Jordan suffer, to varying degrees, from limited institutional independence, overlapping mandates, and weak coordination, which negatively impacts their effectiveness in combating corruption. The research also revealed that some oversight bodies perform both investigative and oversight roles simultaneously, creating a mixed legal nature that hinders the precise definition of responsibilities. It also emerged that despite the legislative environment containing numerous texts supporting the fight against corruption, in light of the research findings, it recommended strengthening the independence of oversight agencies in both countries, developing mechanisms for institutional coordination and integration between them, and conducting a comprehensive review of the legislation regulating them to ensure clarity of missions and the effectiveness of oversight tools. It also called for activating community oversight by involving citizens and civil society organizations, and increasing the efficiency of oversight personnel through continuous training.

Today, the Iraqi legal reality is colliding with the rapid shift towards \"algorithmic digitalization\" in both public and private sectors, particularly in the credit and services domains. With the emergence of Artificial Intelligence (AI) systems as autonomous agents in decision-making processes affecting individuals\' financial and civil rights, these algorithms have presented a moral and legal dilemma that threatens to hollow out liability rules from their intended purpose of achieving justice and equity. As a result, the Iraqi legal system finds itself confronting \"digital entities\" that transcend the traditional \"person-thing\" duality in their nature. The research problem lies in a profound \"legislative and technical gap\" within the Iraqi Civil Code No. 40 of 1951. Tort liability rules (Article 204 et seq.) remain confined to the concept of \"tangible human error\" and the capacity for \"foreseeability,\" focusing primarily on measuring fault through transgression or intent. This gap is further exacerbated by the \"Black Box\" opacity, which renders the proof of fault or the establishment of a causal link under classical rules an insurmountable burden for the aggrieved party, thereby risking the loss of rights due to the \"functional autonomy\" of the algorithm. This paper seeks to bridge the legal gap between the authenticity of the Iraqi civil text and the volatility of the digital machine by re-adapting civil liability within the Iraqi framework to accommodate \"algorithmic harm.\" It offers a legal approach that shifts the basis of liability from \"fault-based liability\" to \"risk-based classification\" while exploring innovative procedural mechanisms to overcome the dilemma of technical evidence. The study adopts a descriptive-analytical methodology to deconstruct national legal texts, supplemented by a comparative approach with the European Union Artificial Intelligence Act (EU AI Act 2024)—not for mere imitation, but to derive solutions tailored to the specificities of Iraqi society and aligned with the philosophy of the Iraqi legislator (specifically Article 231 regarding the custody of things) and the Islamic legal maxim \"Gain is linked to Risk\" (Al-Ghunm bi Al-Ghurm). Ultimately, this research provides a novel legal framework designed to align evidentiary rules with the intricate technical nature of AI. We have endeavored to propose a \"hybrid liability system\" that integrates risk-based objective liability with collective guarantee schemes (damage compensation funds). In addition to this, it provides a legislative proposal to adopt a \"presumption of causality\" and the \"right to algorithmic explanation\" as procedural tools enabling the Iraqi judiciary to exercise oversight over automated decisions, representing a legal roadmap to enhance compensatory justice in the digital age

The research derives its importance and concept from the fact that the traditional rules contained in legal texts to regulate the formation of civil contracts in general and construction contracts in particular are impossible to keep pace with the accelerating pace of digital development in the virtual world, which is currently dominated by artificial intelligence systems. This has created a scientific leap that has reduced the distances, efforts, and expenses incurred in concluding contracts, in preparation for moving them from one stage to another until their implementation on the ground. The problem lies in the obstacles and challenges that construction contracts face in the stages that prepare for their conclusion and their formation. In addition, there are new developments, as mentioned, regarding the reasons for adopting artificial intelligence systems and the failure of the Iraqi legislator to address these problems. This has resulted in a legislative gap that requires intervention to find effective solutions proposed to the legislator to remedy this gap. This is what prompted us to choose this title as the subject of our research, through which we shed light on several issues across two sections. In the first, we dealt with the impact of artificial intelligence on the negotiation stage, and in the second, we dealt with the impact of artificial intelligence on the contract formation stage. We followed this with a conclusion that included the most prominent results and proposals that were reached

Commercial data trading has become a central component of the digital economy, as data has shifted from a purely technical input to a strategic economic resource shaping market structures and innovation trajectories. This article examines the conceptual and legal framework governing the commercial trading of data in the digital environment, focusing on the distinctive characteristics of data and the mechanisms through which economic value is generated. The study adopts a comparative approach, examining the European Union’s unified digital regulatory framework, alongside the related US laws. The article concludes that effective regulation of commercial data trading requires a shift from ownership-based approaches toward governance-oriented frameworks grounded in responsibility, transparency, and respect for human dignity

The use of outer space was initially only for exceptional military purposes among major powers, as they were militarily, technologically and physically advanced countries with all the power of progress in the full sense of the word during what was called the Cold War, On the basis of which the countries that had just emerged from World War II began to compete with all their sciences and scientists in arming themselves against other countries, until the Soviets - formerly the Union of Soviet Socialist Republics - launched the first space object from Earth into outer space, That is, outside aerodynamics, meaning leaving the atmosphere of air travel into outer space, which is almost devoid of air. This means there is a new opening for humanity that was started by scientists of the former Soviet Union when they launched the first space object It was called Sputnik, and then countries followed suit, following in the footsteps of their predecessors in the ground, air, and space arms race. The latter was the most important, in order to exploit outer space and benefit from it for their military intelligence Then, later, it came to be exploited in other economic, social, and political aspects. Thus, during that period, Iraq was one of the members of the United Nations, and one of the founders of international communications as well, so it had the same international rights as countries . Among these rights is the right to benefit from outer space, and specifically from what is called the “geostationary orbit,” which Iraq has been deprived of for many reasons. This is what we will examine in this research with complete neutrality, the intention of which is to prove Iraq’s right to outer space, so that perhaps there will be someone who reads from among the specialists, politicians, economists, or physicists to restore Iraq’s right

The probationary period in the employment system represents the first stage that a newly appointed employee goes through, through which the administration seeks to measure the employee's job performance and efficiency in managing the tasks assigned to it according to his position. The administration has discretionary powers to confirm the employee on probation or terminate his employment relationship after the end of the specified probationary period, according to objective criteria specified in the laws and regulations in force in the Iraqi and Lebanese legislation under study, by assessing the extent of his suitability for administrative work. The employee has the right to resort to the administrative judiciary to challenge the administration's deviation from its authority and arbitrarily dismiss him. Therefore, the probationary period represents an effective tool for controlling the quality of administrative performance. However, at the same time, it requires strengthening legal guarantees to ensure employee rights and achieve the principle of balance between management requirements and individual interests

The passage of time regarding legal deadlines, particularly civil procedural deadlines, generates a sense of fear and unease among litigants. This apprehension stems from the serious consequences of inadvertently or deliberately neglecting these deadlines. The matter is further complicated by the necessity for litigants to undertake a fluctuating series of legal procedures before, during, or after these civil procedural deadlines. This necessitates the adoption of a precise calendar to govern this dynamic sequence of deadlines, ensuring the smooth and stable conduct of legal proceedings. This approach overcomes the temporal discrepancies arising from relying solely on the Islamic calendar or simultaneously using both the Gregorian and Islamic calendars. Such a system is only conceivable by considering the Gregorian calendar as the foundation upon which to calculate civil procedural deadlines related to litigation, according to specific and well-defined criteria established by the legislator in civil procedural laws. These criteria are based on multiple objectives, foremost among them being the protection of substantive rights, speed, and efficiency in legal proceedings. procedures .

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.

Iraq is one of the countries that has shown great interest in digital transformation in various fields (e-government, e-commerce, e-education) and with this transformation it has become competitive with developed countries, in order to provide better for individuals and government institutions by replacing traditional transactions with digital ones. In return, this leads to a reduction in costs, a move away from bureaucracy, speed in performance and improvement in quality. Therefore, the state can obtain all its revenues of various types, including tax and fee revenues, and limit the phenomenon of tax evasion by digitizing information and data related to institutions and companies, as well as information about taxpayers and their financial transactions. This all benefits the general budget.
Therefore, digital transformation has become an unavoidable necessity in this era of modern technology. This is necessary to achieve sustainable development by increasing revenues, which are one of the most important sources of financing the general budget, enhancing the efficiency of government administration, and achieving all objectives to maximize the revenues and returns of state institutions, as well as the need to upgrade and improve oversight over them.

The implementation of a construction contract with guaranteed equipment elements is one of the implementations that stems from the evolution in the field of construction contracts, which are no longer limited to construction contracts only, but may also include equipment . Construction requires the necessary equipment and devices for the purpose of utilizing the building, and this is accompanied by variations in the quality of equipment that may malfunction and become unusable. This has prompted legal legislation to keep pace with this development and introduce new measures. French civil law and Algerian law, while the Iraqi legislator did not stipulate this obligation, contenting himself with the legal texts contained in the ten-year guarantee for cracking and collapse in the building and the general rules in civil law. French civil law and Algerian law, while the Iraqi legislator did not stipulate this obligation, contenting himself with the legal texts contained in the ten-year guarantee for cracking and collapse in the building and the general rules in civil law.

This research examines the topic of punitive suspension in administrative litigation, which is one of the forms of judicial suspension imposed by the court as a procedural sanction against the plaintiff when they fail to comply with the court’s orders, such as submitting required documents or carrying out a specific procedural action in the case. The purpose of punitive suspension is to prevent delay and procrastination and to ensure the proper administration of justice. The research demonstrates that punitive suspension is expressly regulated in the civil procedure laws of several countries, including Egypt, Kuwait, and Yemen. In contrast, the Iraqi Civil Procedure Law does not explicitly provide for punitive suspension; instead, it adopts stricter measures that may result in the dismissal or invalidation of the claim when the required documents are not submitted.The study also discusses the philosophical and legal foundations of punitive suspension, explaining that it serves as a procedural mechanism for regulating judicial proceedings and maintaining a balance between the parties to the dispute, while granting the judge discretionary authority to impose the appropriate sanction.Furthermore, the research addresses the effects of punitive suspension, including the temporary suspension of all proceedings in the case and the possibility of considering the lawsuit as if it had never been filed if the plaintiff fails to comply with the court’s requirements within the legally prescribed periods. With regard to administrative litigation, the research explains that the administrative judge may apply effects similar to punitive suspension despite the absence of an explicit legal provision, relying on their authority to manage administrative proceedings and achieve justice, particularly in disputes involving public administration, which often possesses the relevant documents and evidence.The research concludes with several findings and recommendations, the most significant of which are the necessity of incorporating explicit provisions regulating punitive suspension into the Iraqi Civil Procedure Law and enacting a special Administrative Procedure Law that is compatible with the nature of administrative judiciary in Iraq.

Political assassinations are inextricably linked to political conflicts, thus predating the era of international organizations by a considerable margin. Their manifestations can be traced back to societies dating back to the time of kings, pharaohs, and religious figures. Generally, they are based on the existence of an ideology opposed to the ruling regime and its officials. On the other hand, the ruling power itself may be behind the political assassinations of public figures, whether opposition politicians or intellectuals of varying persuasions.
At first glance, some might categorize this crime as a political crime, which differs from ordinary crime in several aspects, most importantly in the specific treatment of political offenders. However, international law, in all its branches, prohibits political assassination and excludes it from the protection afforded to perpetrators of political crimes, given that it constitutes one of the most severe forms of violence, violating the most fundamental right: the right to life.

Transitional justice is considered one of the most important pathways adopted by states that have experienced conflicts or authoritarian regimes which included gross human rights infringements across various spheres. Accordingly, transitional justice emerges as a mechanism to repair what can be repaired. This is achieved by identifying the root causes of infringements determining those responsible, and prosecuting them through the establishment of special committees and commissions tasked with such responsibilities, Moreover, transitional justice—implemented by new governing systems—aims to redress victims, compensate them for the harm and violations they have suffered, and restore their dignity. In this way, the new regimes seek to consolidate the rule of law and democratic principles within the state, considering that violations and oppression by previous authorities often stemmed from disregarding and failing to implement legal provisions, Thus, with the shift from dictatorship to democracy, a new constitution is drafted that incorporates the principles and foundations of transitional justice, as well as its constitutional codification. This ensures the achievement of justice and the application of the law, given that the constitution, as the supreme law of the state, serves as the ultimate guarantee for their implementation, standing above all other laws, It is noteworthy that transitional justice has been applied in several foreign and Arab countries. In Iraq as well, transitional justice was implemented following the fall of the former regime, with its principles enshrined in the 2005 Iraqi Constitution. Several laws were subsequently enacted to ensure its application—for instance, the Law of the Martyrs Foundation, which provides compensation for the families of victims, and the Law of the Political Prisoners Foundation, which seeks to restore the dignity of that group and provide redress for the persecution and harm

The system of ownership of floors and apartments is a special system with a special nature that is distinct from other vertical building systems, i.e., the system of ownership of the upper and lower floors known in the Iraqi Civil Law derived from Islamic jurisprudence, where this system is applied to multi-story buildings and apartments that are owned separately by multiple owners. In addition to the common parts in the building or structure which are owned by all owners of the separate parts as common property, and that Arab laws have adopted this system from the Egyptian Civil Code, which it derived from French law, it becomes clear to us that every owner has the right to use these parts in principle and with complete freedom according to the purposes for which they are designated.

This study examines the impact of circumstantial factors on the assessment of compensation for damages arising from disputes in the securities market, considering them a key tool for achieving fair compensation while maintaining market stability. The research is based on the premise that damages in this context are often not fixed but are variable, influenced by temporal, economic, and professional factors. This necessitates looking beyond the damage at the moment of occurrence and taking into account its subsequent development and effects.
The study highlights the concept of circumstantial factors and their role in guiding judicial discretion in determining compensation, clarifying the legal and practical basis for their consideration in securities market disputes. It also analyzes the elements of damages—whether financial or moral—and examines their specific characteristics and susceptibility to the surrounding circumstances in each case. The research concludes that accounting for circumstantial factors is essential for achieving fair and effective compensation that reflects the actual extent of the harm, while ensuring a balance between protecting the injured party and maintaining trust and stability in the securities market

The passage of time regarding legal deadlines, particularly civil procedural deadlines, generates a sense of fear and unease among litigants. This apprehension stems from the serious consequences of inadvertently or deliberately neglecting these deadlines. The matter is further complicated by the necessity for litigants to undertake a fluctuating series of legal procedures before, during, or after these civil procedural deadlines. This necessitates the adoption of a precise calendar to govern this dynamic sequence of deadlines, ensuring the smooth and stable conduct of legal proceedings. This approach overcomes the temporal discrepancies arising from relying solely on the Islamic calendar or simultaneously using both the Gregorian and Islamic calendars. Such a system is only conceivable by considering the Gregorian calendar as the foundation upon which to calculate civil procedural deadlines related to litigation, according to specific and well-defined criteria established by the legislator in civil procedural laws. These criteria are based on multiple objectives, foremost among them being the protection of substantive rights, speed, and efficiency in legal proceedings. procedures .

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The Musha'sha'i state was founded in the late fifteenth century by Imam Musha'sha' ibn Bahr in the Al-Ahsa and Qatif regions. It relied on an Imamate political system, with the Imam as the head of state, and strong alliances with local tribes of various sects. Internal relations were based on Shia religious unity, which helped foster political and cultural stability.
Externally, the state sought to build relations with its neighbors, such as the Sultanate of Oman and the Safavid Empire, while facing conflicts with the Ottoman Empire and the Portuguese, who posed a constant threat. The state was characterized by religious and political expansion, but it faced several challenges that led to a decline in its power in the eighteenth century, when it was brought to an end by the Ottomans.
Despite its demise, the Musha'sha'i state left a strong impact on the history of the Arabian Gulf, particularly in terms of the political and cultural identity of the Shia regions.
Research: A Window into a Lesser-Known Era

Today, the world is witnessing a radical transformation in various aspects of life, as a result of the ongoing digital revolution. What was relevant at the time of writing this research will become obsolete as a result of rapid technological development, and in the presence of a technology that aims to create new actors, who have enormous cognitive capabilities similar to existing ones. Among humans, or perhaps more, today there is talk about intelligent robots capable of deep self-learning and making independent decisions without the need for human intervention. As a result of this system’s ability to make an independent decision, debate and differences of views have arisen at the jurisprudential and legal level in terms of granting personality. The legality of this artificial being is between those who support granting personality and those who oppose it, and those who see it as a possible solution to the issue of responsibility for the actions and omissions committed by intelligent, autonomous robots. Therefore, these differences must be clarified, and a statement must be made as to whether the rules of civil liability are capable of absorbing the damages resulting from the actions of this artificial being. This is done by reviewing the opinions of legal jurisprudence and the legal texts concerned in this regard to produce results and recommendations that serve the Iraqi legal system.

This study seeks to shed light on the significance and role of the Lausanne Treaty of 1923 in determining the political and legal status of Iraq following its separation from the Ottoman Empire. The implementation of the Treaty contributed to the gradual completion of the manifestations of Iraq’s international sovereignty, given that it did not grant Iraq full and effective independence. It also led to the abolition of Ottoman nationality for its inhabitants, which necessitated the intervention of the competent legislative authority to enact the Iraqi Nationality Law No. (42) of 1924.This law has long warranted careful examination in light of the circumstances that led to its promulgation at that time, particularly in regulating national identity and consolidating the sense of spiritual affiliation among the inhabitants of Iraq. It also aimed to address the legal status of residents, minorities, and various sectarian groups. Furthermore, the Treaty contributed to reinforcing Iraqi sovereignty under the British Mandate by laying down the legal foundations that later facilitated its consolidation. The implementation of the Treaty also produced a range of social and economic effects, reshaping the structure of Iraqi society and influencing the distribution of land and resources in accordance with the new geographical order. However, it did not resolve the fate of the Mosul Vilayet, which led to a dispute between Iraq and Turkey that was ultimately settled by a decision of the League of Nations in 1926 in favor of Iraq. While this outcome enhanced ethnic diversity within Iraq, it also generated ongoing political challenges.Accordingly, it can be argued that the Treaty constituted a pivotal milestone in the establishment of the modern Iraqi state by providing a legal framework whose effects remain evident to this day in legislation governing nationality and the national sovereignty of Iraq