Al Mustaqbal Journal for Law Studies

Our study addresses the topic of internal circulars as an administrative tool in the field of administrative work. In administrative law, there are numerous administrative documents of paramount importance at the organizational and administrative levels, impacting the legal status of individuals. This is undisputed and allows for legal challenges. There are also other internal legal documents, known as internal administrative circulars, aimed at streamlining administrative work within the department and clarifying ambiguous or unclear legal provisions to facilitate their proper and clear application. Furthermore, these circulars are bound by the limits of legislation and the principle of legality; any transgression of these limits can be challenged and rendered invalid.
There is no doubt that the subjection of the administrative authority in particular to the law represents one of the most important results of the principle of legality and its requirements, especially when issuing administrative publications, which are the main and basic manifestation of the means of administration in carrying out all aspects of its activity. Hence, the need appeared to work on organizing effective and efficient control and imposing it to prevent it from deviating from the provisions of the law regulating its powers and actions, so that this expansion does not become an infringement on the actions of the administration, especially its administrative publications issued by its discretionary authority, in order to guarantee individuals and their property.

This study examines the challenges of legal and technical protection for street art, which faces unique difficulties due to its inherent connection to third-party property. It aims to analyze exceptional pathways for protecting this art form, starting with the legislative approach embodied in the U.S. Visual Artists Rights Act (VARA) of 1990. This Act marked a paradigm shift by recognizing moral rights within a predominantly materialistic legal environment, while providing mechanisms to balance the interests of the artist and the property owner. Furthermore, the research explores the technical pathway by investigating the role of Non-Fungible Tokens (NFTs) as an alternative digital framework. This technology protects artistic works from physical destruction and transforms the spiritual bond between the artist and their work into an immutable, tamper-proof digital record.

Artificial intelligence constitutes a contemporary legal challenge that necessitates the evolution of traditional civil liability principles to accommodate the sui generis nature of this technology and to strike a balance between the protection of individual rights and the promotion of innovation. The processing of data through artificial intelligence implicates fundamental rights, including the right to privacy, the right to personal data protection, the right to non-discrimination, and the right to human dignity, thereby requiring a clear, comprehensive, and robust legal framework. European and French jurisprudence may serve as instructive models for the development of Iraqi legislation, subject to due consideration of local cultural, social, and economic particularities.
The civil liability of artificial intelligence service providers should not be construed as an impediment to technological advancement, but rather as a safeguard for fostering public trust and as an incentive for developing secure, accountable, and transparent systems. Responsible innovation constitutes the optimal pathway toward achieving sustainable development in the digital era.

This research examines the operational mechanism of artificial intelligence technologies in regulating the national card for Iraqi individuals and families through its practical requirements. This is driven by its profound importance in Iraqi society and its relationship with the sociology of law, particularly concerning the regulation of legal texts for fundamental civil statuses—such as determining name, surname, age, and lineage within society. It also encompasses vital life events like marriage, divorce, residence, accommodation, birth, and death, alongside all socio-familial relationships outlined by the National Card Law No. 3 of 2016 and the Births and Deaths Registration Law No. 21 of 2024.
Herein emerges the role of the sociology of law, in certain aspects, regarding the legal regulation provisions of the Iraqi family, which constitutes the foundational building block of society. Furthermore, the study demonstrates the current application of AI technologies in administering the national card and explores their structural impacts on both the family and society.

Unjust enrichment is one of the sources from which civil obligation arises. This arises as a result of a deficiency in the assets of one person and an enrichment in the assets of another without a legitimate reason, that is, he gains an illegitimate benefit at the expense of another. If the origin of enrichment is that it is material, represented by financial gain, where the financial assets of one person increase at the expense of another, and this gain is either based on a legitimate reason, and this type of enrichment is considered valid and there is no liability on him, as in the enrichment of the donee who receives the gift, Or this gain may be based on an illegitimate cause, as in the enrichment of someone who receives a sum of money without right, and the same applies to the enrichment of a landowner who owns a building erected on it by another person with materials he owns. Enrichment is not limited to material enrichment only, but there is another type of enrichment, which is moral enrichment, which has received the attention of legal jurisprudence for a long time. Although this type of enrichment has not received the same attention despite its great effect on the stability of transactions and the protection of non-financial values such as social status, reputation and personal consideration, it is considered a source from which civil obligation arises. To study this topic, it is necessary to examine the theoretical framework that defines the concept of obligation arising from moral enrichment, and then to investigate the legal basis that grants the injured party the right to recourse against the one who was enriched at his expense, while addressing the most important practical effects resulting from establishing this basis, whether for the injured creditor or for the debtor obligated to respond.

Cyberspace has become a new arena for international conflicts, with cyber warfare emerging as a sophisticated and multifaceted phenomenon, independent of traditional international law. This research reveals the historical nature of cyber warfare, characterized by its speed, opacity, and the difficulty of assigning responsibility. It inevitably puts immense pressure on the capabilities of vital human structures. Cyber warfare challenges existing international law, despite its adaptation to the significant challenges of providing a comprehensive and binding framework to address this phenomenon. Furthermore, the lack of an Albertani consensus on a clear definition of cyber warfare, the absence of defined requirements, and the lack of legitimate response mechanisms—legal documents exploited by cyber warfare consultants—weakens the ability to deter and counter cyber aggression. Therefore, there is a pressing need for a new, more inclusive legal framework that considers the unique characteristics of cyberspace and ensures the protection of security and peace, with a fundamentally simplified international design.

Minerals are one of the most important wealth owned by the state, as they achieve revenues that can be brought to the general budget in the state, those that the administration is keen to take care of and maintain by regulating the provisions of the license in their exploitation and the ways of granting them in a way that ensures that the financial imports that may come through them are not lost. This crime is considered a very serious crime because it deprives the administration of its right to monopolize investment, which is to be alone, and because of its seriousness, we find that there is legislative care to confront it, which can be found in both Iraqi, Egyptian and Qatari legislation.

Mutual (Takaful) insurance funds play an important role in easing the financial burdens on banks and reducing financial defaults in fulfilling the rights of depositors, while at the same time achieving an insurance surplus for the participants, and thus providing protection for both banks and customers. Despite the importance of these funds, a clear legislative deficiency persists in regulating mutual insurance funds within the Iraqi legal system. The Iraqi legislature has not established an independent legal framework specifically governing this type of fund, nor unified rules for insurance in general. The Central Bank of Iraq has merely set regulations for takaful (Islamic insurance) based on a single legal article in the Islamic Banking Law No. (43) of 2015 and the Insurance Business Regulation Law No. (10) of 2005. Furthermore, there is no single regulatory body to fully oversee banks' and financial companies' compliance with the provisions of the law and regulations. This is compounded by the lack of sufficient legal obligations requiring banks to publish accurate financial data on compensation, insurance surpluses, or the total funds collected from subscriptions. This opacity hinders the protection of subscribers' funds and undermines confidence in the banking sector, unlike the Egyptian legislature, which has entrusted oversight to an independent body, the Financial Regulatory Authority.

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Electronic games are among the most prominent applications of the digital environment that have created a new legal reality requiring regulation consistent with their interactive nature and their multiple technological and economic dimensions. This research examines the legal framework governing this activity by analyzing the rules that regulate its practice and identifying the mechanisms adopted by the legislator to control it in light of the challenges imposed by the digital environment
The study focuses on the regulatory aspects related to the licensing of electronic game operators, as well as the obligations imposed upon them in their dealings with users, including ensuring transparency in service provision, protecting personal data, and regulating behavior within the interactive gaming environment. It also addresses the role of legal regulation in limiting content and practices that contradict public order, in addition to highlighting the mechanisms aimed at protecting the most vulnerable groups, particularly minors The research adopts a comparative analytical approach by examining the Regulatory Instructions for Electronic Games in the Republic of Iraq (2025), issued by the Communications and Media Commission pursuant to Board of Commissioners Decision No. (Q168) dated 16/12/2025, and comparing them with the Game Industry Promotion Act No. (7941) of 2006 (as amended) in Korea, and the Promotion and Regulation of Online Gaming Act No. (32) of 2025 in India, with the aim of identifying the nature of legal regulation adopted in these legislations and clarifying its features within the digital environment

The phenomenon of night investment (trading outside official working hours) is a reflection of the digital transformation in global financial markets. The research aims to analyze and evaluate the legal framework regulating night investment in both Iraq and Kuwait, with a focus on identifying the legal and legislative risks associated with this type of investment. Therefore, in the research we adopted the use of the descriptive analytical comparative method because it is suitable for the nature of the subject. The research reached many results, the most prominent of which is that the Iraqi law (No. 74 of 2004) lacks explicit texts that regulate trading outside official hours, which makes it an activity that falls into a gray area that increases its criminal risks. It has also become clear that the Kuwaiti legislator, through the Capital Markets Authority and Investment Law No. 116 of 2013, is more receptive to technological transformations, as it has established flexible frameworks that allow for the expansion of trading hours according to specific controls. Therefore, we recommend that the Iraqi legislator move from the "temporary law" to permanent legislation for the stock market, allocating a special chapter for extended electronic transactions. With the Securities Commission granted digital enforcement powers.

Administrative judiciary represents one of the most significant legal guarantees for the protection of the principle of legality and the rule of law, as it exercises judicial control over the actions of public administration and ensures that administrative decisions comply with the applicable legal rules. The issue of the limits of administrative judicial powers in annulling and modifying administrative decisions is particularly important in the Iraqi legal system, as it raises questions regarding the extent of judicial intervention in administrative actions and the balance between ensuring legality and respecting the discretionary powers of the administration.
This research aims to clarify the limits of the powers of the administrative judiciary in Iraq when examining appeals against administrative decisions, particularly with regard to its authority to annul unlawful decisions or modify them. The study adopts the analytical method through examining and analyzing the legal texts regulating the administrative judiciary in Iraq, in addition to reviewing the relevant jurisprudential and judicial trends.
The study concludes that the administrative judiciary in Iraq possesses the authority to annul administrative decisions that suffer from illegality; however, its power to modify such decisions remains limited and restricted by the necessity of not replacing the administration in exercising its powers. The research emphasizes the importance of developing the legislative and judicial framework to enhance the effectiveness of judicial control over administrative decisions while maintaining the principle of separation of powers.

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Due to the main member's lack, the organization of the public utility seem to be a short-term plan which can force the government to allocate anything that it sees appropriate whenever suitable. In this way, the acting official exploits the chief's power to be sure that the common tasks are run commonly with more constantly. One of the vital reasons of the government’s devotion is to select the best experienced, operative, case-hardened as well as the most dependable people to manage the governmental headship managing. In time that nobody gratifies the abovementioned necessities, the government deals with the authorized power as a planned stage region. So, such a matter preserves a glance on their effort and adopts if it is best to deal with the dependents in order to raise harmony and realize the responsibility's or organization's impartial. Therefore, the government eliminates the person from his responsibility, cutting the vital obligations in time he ignores the abovementioned rules. Accordingly, such a change predictability which seems to be the most prominent way of changing the governmental control deprived of dismissing the government's efficient bond per or deprived of authorized source underscored the significance of the issue. Additionally, it gives its members a time chance for a while and thus releases those members due to the changes occurred within its strategy of supremacy or its constitutional rights which maybe proposed to assist the civic concentration. As such, it offers them the chance of gaining them the right of control duties as well as giving them all-embracing power for doing that by this organization.

This research addresses the criminal liability of non-governmental health institutions for violating the provisions of the Iraqi Law of Registration of Births and Deaths No. (21) of 2024, which repealed the previous Law No. (148) of 1971 along with all its amendments. The study examines the newly introduced penal provision in Paragraph (Fifth) of Article (22) of the law, which prescribes a fine of (2,000,000) two million dinars on the representatives of non-governmental health institutions for violating its provisions, a fine of (500,000) five hundred thousand dinars on licensed non-governmental medical staff, and a fine of (5,000,000) five million dinars on whoever buries a corpse contrary to the provisions of the law. The research reviews the legal framework of obligations imposed on non-governmental health institutions and their staff, analyzes the elements of the offense as an omission offense, and discusses the offender's capacity and the legislative distinction between the criminal liability of the legal person (the institution) and the personal liability of medical staff. The study also examines the nature of the prescribed sanction as a pure financial fine, and the problematic abandonment of the imprisonment penalty that existed in the repealed law, with a comparison to Egyptian legislation in Civil Status Law No. (143) of 1994, and Jordanian legislation in Civil Status Law No. (9) of 2001. The UAE legislation, specifically Decree-Law No. (10) of 2022 concerning the regulation of birth and death registration. The study concludes with findings and recommendations evaluating the newly adopted penal policy and proposing legislative amendments to enhance effective deterrence.

This study examines arbitration in Iraq as a manifestation of “Legislative Duality,” where modern constitutional objectives aimed at fostering a market economy and investment promotion conflict with a traditional procedural framework grounded in “Judicial Centralism.” The research argues that the arbitration dilemma does not primarily arise from a lack of legal provisions, but rather from a deficit in “Legislative Credit,” resulting from the absence of an autonomous legal framework capable of safeguarding “Contractual Trust” against the dominance of general procedural rules. The study concludes that restoring arbitral effectiveness requires comprehensive “Legal Re-engineering”: beginning with the decoupling of arbitration from general civil procedure, advancing through the institutionalization of arbitral practice to secure procedural autonomy, and culminating in redefining the judicial function as one of “support and assistance” rather than substantive oversight. Such reform is essential to ensure coherence with international standards and to recalibrate legal sovereignty in line with contemporary investment dynamics.

Ideological extremism is one of the most perilous ideological and social threats jeopardizing the existence of the modern state and its public order. It serves as the primary catalyst and intellectual fuel for acts of violence and terrorism, which have historically decimated human lives and societal stability across different eras. From this perspective, this research sheds light on the proactive legal and constitutional approach to countering this phenomenon and preventing its proliferation within Iraqi society. It specifically focuses on the pioneering and effective role of the Council of Ministers as the supreme executive authority in the state. The research discussed the tools possessed by the Council under the Constitution of the Republic of Iraq of 2005 and the Rules of Procedure of the Council of Ministers No. 2 of 2019, starting with its strategic authority to include combating extremism in the general policy of the State to ensure mandatory coordination between the bodies, through the second tool of proposing draft laws and ending with its direct competence in issuing subsidiary legislations such as regulations, directives and orders of the Diwan to control the media and educational space and dry up the sources of radical thought to protect civil peace and stability Within the community

This research examines Iraq’s e-commerce regulatory framework as a modern legislative response to market digitisation and cross-border platform trade. It focuses on conceptual and enforcement gaps arising from the regulation’s drafting choices—particularly in defining e-commerce and the electronic trader, delimiting territorial scope, licensing procedures, oversight design, and practical enforceability against foreign platforms. The core problem is the absence of a clear criterion for when a digital activity qualifies as commercial, and the lack of a workable test distinguishing a trader from the small craft category excluded from trader status—an issue amplified by micro-digital businesses that can generate income exceeding that of traditional shops. The study also addresses ambiguity surrounding professional practice (habituality) and the resulting evidentiary friction: how to prove repetition, continuity, and reliance on digital records where the regulation itself does not expressly settle the probative value of digital data. Further, it analyses the blurred boundary between an electronic trader and intermediaries/platforms that facilitate transactions without owning goods or services, and the cross-border dilemmas of nationality, jurisdiction, and territorial sovereignty when foreign operators act from outside Iraq. Institutionally, the research critiques the administrative formation tasked with managing the licensing platform, highlighting risks of corruption due to missing competence requirements, lack of explicit supervisory accountability, and potential duplication for traditional traders who also operate online. Substantively, it evaluates consumer protection (withdrawal/termination rights, digital content, hidden defects, warranty duties), personal-data responsibility allocation (trader vs platform vs service provider), breach notification timing, online advertising duties, prohibited-goods lists, sanctions adequacy for global firms, and the legislative tax gap regarding digital activities and proposals for a distinct digital tax aligned with international minimum-tax discussions.

This research addresses a crime that affects national memory and the public interest of the state, namely, the destruction of historical documents. This crime was defined according to the Iraqi Law on the Preservation of Documents No. 37 of 2016 and compared with Emirati legislation to highlight similarities and differences in terms of punishment and the scope of protection. The research begins by defining the concept of historical documents and then clarifies the nature of the crime by examining its characteristics that distinguish it from other crimes affecting ordinary documents. The research then addresses the elements of the crime and its punishment. The research concludes that the protection of historical documents represents a legal necessity for preserving national heritage and safeguarding the historical identity of the state. The research concludes with a set of findings and recommendations, as follows:

This research addresses the subject of challenging administrative decisions issued through digital means under Iraqi law, in light of the rapid shift towards e-administration and the resulting legal issues concerning the nature of these decisions and the mechanisms for challenging them. The study aims to assess the suitability of the traditional procedural rules stipulated in the Law of the Iraqi Council of State and the Civil Procedure Code for the distinctive features of digital decisions, in terms of evidence, signature, notification, and appeal deadlines. The research adopts a descriptive approach to outline the provisions of traditional administrative decisions and compare them with digital ones, as well as an analytical approach to analyze legal texts and judicial precedents and identify their shortcomings. The research reaches several conclusions, most notably: the absence of specific legislative regulation for digital decisions in Iraq, the difficulty of proving and dating such decisions before the judiciary, and conflicting judicial precedents regarding the commencement of appeal deadlines. The research concludes with a set of recommendations, most prominently: a legislative amendment explicitly affirming the challengeability of digital decisions, establishing clear rules for evidence and timing, and creating specialized electronic judicial circuits to consider such disputes.

The crime of threatening to use highly dangerous nuclear or radioactive materials is considered one of the most serious crimes, due to the grave threat it poses to national and international security, in addition to the severe harm it may cause to individuals, property, and the environment. This crime is based on an international legal framework, most notably the International Convention for the Suppression of Acts of Nuclear Terrorism (2005) and the Convention on the Physical Protection of Nuclear Material (1980), as well as a national legal basis represented by a special law, namely the Law of the National Authority for Nuclear, Radiological, Chemical, and Biological Control No, (1) of 2024, enacted for the purpose of protecting individuals, the environment, and property ,This crime is classified as a felony under Iraqi, Egyptian, and Emirati legislation. It is considered an ordinary, positive, instantaneous, and intentional crime that requires both knowledge and will, and it falls within the category of danger crimes. It is inconceivable that this crime could be committed by mistake, and it is often regarded as a transnational crime and a terrorist offense. The crime is realized through positive conduct, and it cannot be imagined to occur through negative conduct; such conduct is represented by the act of threat, this crime is based on general legal elements. The Iraqi legislator has prescribed life imprisonment and a fine as penalties, while the Egyptian legislator has imposed aggravated imprisonment, and the Emirati legislator has imposed temporary imprisonment and a fine, the trial court may also impose certain mandatory accessory penalties by force of law, as well as supplementary penalties and preventive measures on the perpetrator of this crime.

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The Iraqi civil procedure law no 83 of 1969 came to us devoid of an important and recent issue in the legal field ,which is the issue of regulating the subject of the judges error in attributing facts in civil cases, especially since the judges work is often characterized by diligence in the cases presented to him, and therefore the judge may direct and accompany the lawsuit to specific direction, with the aim of subjecting this lawsuit to specific legal texts other than those texts that could be applied to the lawsuit if he had directed it with a sound legal perspective in terms of adapting them .

The world is undergoing a radical transformation in the nature of wealth and the methods of acquiring it. Blockchain technology has produced a new investment pattern known as real estate tokenization, which is based on converting real estate assets into digital tokens that are divisible and instantly tradable, thus bypassing the traditional restrictions imposed by classical legal frameworks on the movement of real estate capital. However, this innovation has revealed a gap between what the technology has reached and what the law has stopped at. While countries such as Switzerland and the UAE have taken the initiative to fill this gap with special legislation, the Iraqi legislator is still far from this development, which makes this research an attempt to diagnose these problems and draw appropriate solutions from the comparative experience.

The acquired employment rights are one of the most important guarantees of the public servant, because they protect his legal status from the decisions that may be issued by the administration that affect the rights that have been legitimately established for him, and these rights are represented in financial and non-financial benefits, such as salary, promotion, vacations, and job stability, and the importance of the role of the Supreme Administrative Court in protecting these rights through its control over decisions and rulings related to the public service, and correcting the violation of the law or abuse of power, hence the purpose of this research. To indicate the effectiveness of the Supreme Administrative Court in protecting the acquired employment rights based on the analytical and comparative method between France, Egypt and Iraq.

Deepfake technology represents a qualitative shift in the commission of crime, as it enables the creation of visual or audio content that closely mimics reality with a level of accuracy surpassing traditional methods of forgery. Based on artificial intelligence and deep learning technologies, its widespread use has given rise to increasing legal risks that undermine trust in digital evidence and threaten reputation, privacy, and public security. Furthermore, it can be exploited in crimes such as fraud, defamation, identity theft, and information manipulation. Despite the absence of an explicit provision criminalizing deepfakes under Iraqi law, judicial practice and legal scholarship tend to classify such conduct within the offenses of defamation, forgery, and fraud stipulated in Iraqi Penal Code No. 111 of 1969. In contrast, comparative legal systems, including those of Egypt, the United Arab Emirates, France, and the European Union, provide more specialized models for addressing this phenomenon, although they differ in nature, ranging from direct criminal provisions to regulatory requirements mandating transparency and disclosure of AI-generated content.