AL-MA’HAD

This study examines China’s industrial, military, and energy policies within a geopolitical framework that links structures of power to trajectories of climate change. China is presented as a central actor in shaping the global environmental system, given its industrial weight, heavy reliance on fossil fuels, and expanding military capacity. The study is grounded in the premise that China’s carbon emissions reflect structural interactions between the imperatives of economic growth and considerations of national security, thereby constituting a strategic expression of its position within the international system. The research is structured around three main axes. The first analyzes the impact of industrial policies, highlighting the role of energy-intensive heavy industries in deepening China’s carbon footprint, alongside the limited scope of structural mitigation measures. The second axis explores the military dimension as a latent source of emissions, focusing on the military-industrial complex and operational activities, along with their direct and indirect environmental implications. The third axis addresses energy policies, emphasizing the continued dominance of coal and the persistence of fossil fuel dependence despite gradual shifts toward cleaner energy sources. The study concludes that China’s climate challenge is embedded in a deeply rooted developmental structure that extends beyond partial technical solutions, underscoring the need to redefine the relationship between economic and military power and the requirements of sustainability within a comprehensive transformative framework.

Volunteer work is one of the fundamental pillars for building societies and enhancing social solidarity, and it has become a necessity given the economic and social challenges facing Iraq. Despite the flourishing of volunteer initiatives in recent years, the legal system governing this activity still faces numerous problems, foremost among which is the lack of legislative regulation of this work, which limits the effectiveness of individuals' civic participation in public affairs.
This study seeks to clarify the constitutional and administrative foundations upon which the regulation of volunteer work in Iraq can be based, by analyzing relevant constitutional texts and determining the extent to which they accommodate the principles of civic participation, as well as examining the administrative framework governing volunteer activity. The study also adopts a comparative approach by analyzing advanced legislative and administrative experiences in order to identify their strengths and the potential for benefiting from them within the context of Iraqi legislation.
The study concludes that the absence of precise and direct constitutional and administrative grounding for volunteer work contributes to limiting its role in enhancing civic participation. This necessitates the adoption of specific legislation on volunteer work that defines it, sets out its objectives, guarantees the rights of volunteers, as well as establishing clear administrative mechanisms for its regulation and the empowerment of supporting institutions.

The subject of our research examines the protective descriptive philosophy of labor law rules and the role that this characteristic plays in protecting workers' rights, as workers are always considered the weaker party in the employment relationship. This philosophy is considered one of the fundamental pillars in providing such protection, and the research assesses the adequacy of this protective characteristic in achieving the desired purpose of protection. From this, the research problem arises in determining the adequacy of this philosophy, identifying its mechanisms for achieving protection, and developing solutions on the other hand. This is carried out according to a comparative analytical scientific methodology, divided into two sections: the first addresses the concept of this philosophy, and the second addresses its applications. The research concludes with recommendations and proposals.

The post-2005 Iraqi parliamentary system demonstrates a notable weakness in exercising oversight over the government and independent institutions, negatively affecting the balance of powers and public interest protection. This weakness is linked to several key factors, including the influence of parliamentary majorities over the opposition, the absence of clear and supportive legislative frameworks, and the reluctance of some executive administrations to provide essential information. These conditions have created gaps in oversight, limiting the parliament’s ability to monitor law implementation, ensure transparency, and hold officials accountable for administrative and financial violations. Strengthening parliamentary independence, developing legislation, and activating legal and administrative oversight mechanisms are essential to enhance parliamentary effectiveness, restore balance between powers, protect citizens’ interests, and consolidate democracy in Iraq.

This study examines the topic of corporate criminal liability for administrative corruption offenses, as one of the modern subjects imposed by economic developments and the expanding role of legal persons in public life. The study aims to demonstrate the extent to which criminal liability can be attributed to companies when involved in administrative corruption practices, to determine the scope of such liability and the conditions for its fulfillment, as well as to assess the effectiveness of legally prescribed penalties in curbing this phenomenon.The study proceeds from a main problem: To what extent can companies be held criminally liable for administrative corruption offenses? This gives rise to sub-questions concerning the scope of such liability, the conditions for its attribution, and the adequacy of legal penalties in achieving deterrence. The study adopted an analytical methodology by analyzing relevant legal texts, particularly the provisions of the Iraqi Penal Code, and examining the trends of legal doctrine in this field.The study concluded that recognizing corporate criminal liability is a necessity imposed by the requirements of modern criminal policy, especially in light of the increasing cases of corruption associated with major economic entities. It also found that the Iraqi legislator has affirmed such liability within certain limits, most notably the requirement that the act committed must be carried out by the company's representatives and on its behalf, with penalties limited to fines, confiscation, and preventive measures. The study concludes that activating corporate criminal liability contributes to enhancing transparency and combating administrative corruption; however, this requires developing the legislative framework, expanding the scope of penalties to achieve effective deterrence, as well as strengthening oversight and compliance mechanisms within companies.

Rapid and interconnected global crises play a central role in reshaping the relationship between consciousness and identity in contemporary political thought. These crises affect the formation of individual and collective consciousness, as well as the reconstruction of political and social identity, while highlighting similarities and differences in societal responses. The findings demonstrate the impact of these interactions on public policy development and broader political and social realities.

This research examines the analysis of Mr. Muhammad Ali Bahr al-Uloom’s perspectives on the legal regulation of the freedom to adhere to the Personal Status Law within the framework of the 2005 Iraqi Constitution, particularly Article (41). It explains that Personal Status Law No. (188) of 1959 was based on a plurality of jurisprudential and legal sources, which raised issues concerning the extent of its compatibility with the religious and sectarian specificities of the components of Iraqi society. The research also discusses the degree of compatibility of this constitutional provision with the principle of equality before the law, the unity of the judicial system, and Iraq’s international obligations. It holds that the freedom to adhere to personal status laws should not be understood as an unrestricted legislative authorization, but rather requires precise legal regulation that defines the mechanisms of its exercise. It emphasizes the difficulty of imposing a unified law in light of religious and sectarian plurality, which necessitates taking into account doctrinal particularities in regulating family affairs. It also critically examines some provisions of the applicable law for their inconsistency with established principles of Islamic Sharia. The study concludes that it is possible to adopt a regulated legislative plurality of personal status laws according to sects, while calling for a review of certain related constitutional provisions to reduce conflict. In conclusion, it stresses the necessity of achieving a balance between guaranteeing freedom of belief and preserving legal stability, in a manner consistent with the principles of constitutional justice and away from sectarian considerations and politicization.

This study examines the effectiveness of Iraqi defense policy in counterterrorism after 2003 through the Iraqi Counter Terrorism Service (ICTS) as a case study. It situates the analysis within the restructuring of the Iraqi security and defense sector, the expansion of terrorist organizations, especially ISIS, and the subsequent transformation of Iraq’s defensive response. Methodologically, the study employs a descriptive-analytical and historical approach, combined with case-study analysis and the Logic Model to trace the causal relationship between inputs, processes, outputs, outcomes, and strategic impact. The findings show that ICTS developed into a specialized institutional instrument characterized by legal clarity, elite recruitment, intensive training, operational adaptability, and strong intelligence integration. These features enabled it to play a decisive role in liberation campaigns, preventive operations, and the disruption of terrorist networks across physical and digital spaces. The study argues that Iraqi defense policy achieved high effectiveness at the level of the instrument, particularly in degrading ISIS’s territorial capacity and restoring state control. Yet the strategic effect remained less complete, since long-term prevention depends on deeper progress in institutional integration, technological modernization, socioeconomic resilience, and national identity formation. The study concludes that counterterrorism effectiveness in Iraq is inseparable from state-building and broader policy development.

The specificity of criminal procedures against women poses a fundamental problem regarding the legal system's ability to reconcile the principle of equality before the law with the requirements of de facto justice. The uniform application of procedures, despite its apparent neutrality, may conceal a form of discrimination when it fails to take into account the differences in women's psychological, social, and biological makeup. A comparison of the legal systems in Iraq, the UAE, and Saudi Arabia reveals disparities in the extent to which this specificity is accommodated. Some legal systems demonstrate a progressive trend toward establishing procedural guarantees that take into account women's status during investigations or trials, while others remain bound by general texts that assume formal equality without positive discrimination.
Behind this disparity emerges a deeper legal philosophy based on the idea of adaptive justice, which holds that justice cannot be achieved by applying the same law to everyone, but rather by adapting it to the realities and human circumstances of individuals. The procedural treatment of women is inseparable from their physical and psychological dignity and their social status, making consideration of this specificity both a moral and legislative necessity. The analysis concluded that procedural privacy is not a privilege granted to women, but rather a mechanism for correcting a historical flaw in the legal structure and ensuring more equitable and humane justice for the state's treatment of its citizens within the penal system.

The public employee is one of the most important tools available to the administration in managing public facilities to achieve the public interest. The administration usually selects employees based on their competence and qualifications and seeks to establish a permanent relationship with them, as employees acquire more skills and practical experience while exercising their assigned duties. However, the laws governing public service stipulate the termination of the employment relationship upon reaching the age that requires mandatory retirement. While the law sometimes does not grant the administration discretionary power to extend the service of public employees, in other cases it does, often restricts this power in terms of its scope and extent. The extension of an employee's service should generally not exceed five years, and must adhere to procedures and regulations established by law. These include the employee's specialization being rare, requiring a report specifying their qualifications, and being medically fit, with such a report issued by the relevant authorities. There is also a category of employees whose service has been extended as a form of redress and compensation, as is the case for employees covered by the provisions of the law concerning politically dismissed employees. Furthermore, we previously examined the definition of a public employee in legislation, jurisprudence, and legal scholarship, then studied the concept of service extension, and finally, the nature of discretionary power and its justifications.

There is no doubt that the integrity of elections in democratic countries and the neutrality of the authorities supervising the management of elections and their equality among candidates, all this was the result of the subjecting of the elections to effective and influential control by various parties, the most important and effective of which is judicial control, which is practiced by different bodies that combine the capacity or judicial nature from a functional point of view. However, this oversight is practiced at different levels and certainly this issue supports and enshrines the confidence of the national and international community in the integrity of the electoral administration and its immunity from deviation, as long as there are judicial authorities that monitor their performance in managing the electoral process and guide this performance and return it to the right path when it inclines and violates constitutional and legal controls in the implementation of electoral entitlements.

Crises present political systems with a critical dilemma, caught between structural rigidity that paralyzes decision-making in the name of formal compliance, and unchecked improvisation that threatens institutions in the pursuit of speed. The only way to overcome this predicament is through an adaptive approach that integrates a swift yet codified political response with flexible institutional stability that regulates its implementation. The former introduces speed into the processes of legitimacy through constitutional mechanisms, while the latter ensures that exceptional powers are limited by established necessities and effective oversight, thus bridging the gap between theoretical frameworks and practical realities. This balanced approach between time constraints and the sensitivity of rights transforms decision-making from an emergency reaction into a disciplined practice that guarantees speed within the bounds of the law and stability that prevents collapse, thereby strengthening the legitimacy of achievements and safeguarding public trust.

This research addresses the issue of managing social diversity in Iraq since 2003 within the context of its multi-ethnic, multi-religious, and multi-sectarian society. The study focuses on analyzing the constitutional framework established by the 2005 Constitution, which adopted federalism and consensual democracy as mechanisms for managing diversity. The research examines the most prominent challenges this process has faced, including the crisis of national identity, social instability, sectarian tensions, political and economic demands, and the resulting weakness in state building and citizenship promotion. The study also evaluates the effectiveness of these mechanisms, noting that federalism and consensual democracy encountered constitutional and institutional barriers that exacerbated social divisions. Ultimately, the research concludes that the failure to manage diversity in Iraq is not due to the absence of constitutional provisions but rather weak implementation and the dominance of group logic over the state. These issues call for constitutional and institutional reforms that strengthen citizenship and the rule of law, contributing to political stability and civil peace.

In his legal relationship with the merchant, the consumer aims to obtain the goods and services he needs, whereas the purpose of the supplier in his legal relationship is to obtain the maximum possible profit at the consumer's expense by using advertising and promotional methods that may involve misrepresentation and fraud. The supplier may also exploit the consumer's need for goods and services by failing to inform him of the essential matters concerning them, rendering the contract unequal and causing harm to the consumer. This relationship involves an imbalance due to the state of weakness affecting the consumer in favor of the merchant, as the latter enjoys a stronger position in terms of economic power and expertise.
Therefore, the electronic consumer must be protected in the pre-contractual stage, based on the problem of demonstrating the adequacy of modern legal rules in conferring civil protection upon the consumer in the pre-contractual stage of the electronic contract.

This research examines the subject of the criminal result and its role within the framework of determining the criminal penalty, as one of the essential elements in the legal structure of the material element of the crime. The criminal result is not limited to being merely a physical consequence of criminal conduct; rather, it goes beyond that to serve as a decisive criterion in assessing the gravity of the crime and determining the appropriate punishment for it. Criminal law does not content itself with considering criminal conduct in isolation from its consequences; rather, it attaches great importance to them due to the legal and material effects arising therefrom, whether those effects relate to a person's life, security, or property. Furthermore, the criminal result is an effective tool for classifying crimes into felonies, misdemeanors, or violations, which directly reflects on the type and severity of the punishment. Additionally, aggravating circumstances surrounding the criminal result, such as the number of victims or the extent and magnitude of the harm, play a role in increasing the severity of the punishment. The research has demonstrated how the Iraqi legislator relies on the criminal result as a criterion for determining the punishment, through legal texts that link the gravity of the result to the severity of the punishment, reflecting a penal philosophy that seeks to achieve justice and general deterrence. Finally, the research concludes that a precise understanding of the criminal result contributes to the application of criminal law in a more just and effective manner, and grants the judge a wider discretion in assessing the punishment according to the circumstances of each individual case.

This research examines the phenomenon of the Abrahamic Project, a recent initiative seeking to bring closer the followers of the three Abrahamic religions---Islam, Christianity, and Judaism---under the umbrella of shared values such as peace and tolerance. The research focuses on analyzing the project's backgrounds, its declared and undeclared objectives, and its religious, political, and social dimensions. It is noted that the project has a soft face that calls for coexistence, yet in its depth, it raises doctrinal problems, especially in light of attempts to integrate religions or equalize them on one level, which contradicts authentic Islamic concepts that distinguish between truth and falsehood and reject any compromise on established Sharia principles. The research also discusses the political context of the project and its connection to regional developments, such as the Abraham Accords, signed between a number of Arab states and the Israeli occupation in 2020 under the auspices of the United States of America, as well as the Abrahamic Family House established in Abu Dhabi, which includes a mosque, a church, and a synagogue in one complex, representing a form of forced merging of religions and an attempt to dissolve doctrinal differences under a political cover. Furthermore, the research attempts to analyze the undeclared objectives behind this project and its relationship to the "Deal of the Century." Although the project presents itself as a religious-cultural initiative, its political, security, and economic motives render it subject to critical scrutiny, especially given the absence of popular and religious consensus regarding its legitimacy and features.

Many countries, including Iraq, are making strides toward modernizing their legislative and legal systems governing notaries, moving in more advanced and effective directions. They intend to change traditional working mechanisms by adopting legislation that is appropriate and suitable for the developments taking place in all areas of life and keeps pace with the developments taking place in daily life activities. This will develop the legal and legislative system regulating the work of notaries in a manner that meets their requirements and, at the same time, achieves the goals and objectives required by this modernization or development in Iraq.

This study examines the sale contract for residential units in investment complexes, a newly introduced contract imposed by urban and economic developments in Iraq. Its importance has increased with the expansion of reliance on investment projects to address the housing crisis and, simultaneously, support real estate investment. The study focused on defining this contract, its subject matter, and its legal nature, highlighting the specificity given to it by the Iraqi judiciary through its jurisprudence, in the absence of an explicit legislative text defining this nature.
The study demonstrated that this specificity stems not only from the contract's association with an investment license or its reliance on installment financing, but also from its role as a primary tool for implementing the objectives of the Investment Law, which seeks to attract capital and foster a stable investment environment. Therefore, obstructing the implementation of these contracts, delaying their registration, or terminating them without clear regulation leads to confusion in projects and threatens confidence in the real estate market. The study concluded with a set of findings and recommendations, most notably a call to develop legal texts and regulate these contracts in particular, as they guarantee the protection of buyers' rights and maintain the stability of the investment process.

This study examines the role of independent oversight bodies in detecting and addressing deviation in the procedures and execution of public works contracts. The research shows that existing oversight practices rely primarily on financial and legal review, while technical oversight remains largely absent despite its critical importance to contract quality and performance. The study also identifies regulatory gaps in monitoring the preliminary stages of contracting, which allows various forms of deviation to occur undetected. A comprehensive oversight model is proposed, integrating the work of the Federal Board of Supreme Audit, the Integrity Commission, and specialized technical units toenhance early detection, ensure procedural compliance, and reinforce transparency in public works.

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Dissemination of and compliance with international humanitarian law are essential steps to reduce the effects of armed conflict, in particular with regard to persons deprived of their liberty. This role is reflected in States' accession to international conventions, their incorporation into national legislation, as well as awareness and training programmes for conflict groups. This effort complements the role of humanitarian organizations, primarily the International Committee of the Red Cross (ICRC), through their outreach, monitoring and visits to detention centers, as well as humanitarian support. The synergy of these efforts contributes to enhancing the effectiveness of international humanitarian law on the ground.

In this research, we addressed the theoretical and conceptual framework of kinship custody, as custody is not limited only to parents but extends to relatives in certain cases, namely the death of the parents or their loss of the ability to care for a young child who cannot take care of himself, attend to his needs, or manage his affairs. Kinship custody is considered one of the fundamental and contemporary issues of our time. It has received considerable attention from the jurisprudential perspective (fiqh), which has sought to regulate it in a manner that takes into account the best interests of the child in custody. As for positive law, we note the absence of a clear legal text for this type of custody. That is, the Iraqi legislator regulated custody under the Personal Status Law No. 188 of 1959, as amended, in Article 57 consisting of nine paragraphs, restricting it only to parents while mentioning relatives only briefly in a single paragraph. Kinship custody is a very important contemporary issue to guarantee the child's rights, psychological and physical health, safety, and to ensure that the child lives a dignified and secure life. Consequently, we note that kinship custody is an exception to parental custody. Although it shares similarities with parental custody, it differs from it in terms of the persons involved and the types of custody.

Algorithmic sovereignty is furthered through this study to demonstrate the structural change of power in the modern international system. It states that twenty-first century sovereignty is becoming more and more embedded within computational infrastructures, artificial intelligence systems, semiconductor supply chains, and transnational data architectures as opposed to territorial mastery or military power. Succeeding structural realism, the article analytically extends the concept of structural realism with the Algorithmic Structural Realism, which asserts that the dispensation of algorithmic capabilities has emerged as a key determinant of systemic hierarchy.
The study presents the U.S.-China technological rivalry as a systematic comparative case to study and analyze the competition in three interconnected business areas: advanced semiconductors, cloud computing and digital infrastructures, and telecommunications standards. It shows that these industries are strategic value chains whose management defines structural positions in the global digital order. Mechanisms of algorithmic deterrence are discussed as export controls, technological sanctions, and supply chain weaponization. The article creates three variable-based future scenarios of digital unipolarity, technological bipolarity, and distributed digital multipolarity that are founded upon the changes in semiconductor dominance, AI innovation dominance, standards regulation, and alliance formation trends.
It concludes that the polarity in the new order is shifting to a hybrid techno-structural form where the ability to interfere or even take over digital infrastructures becomes a fundamental mechanism of power balancing and systemic influence.

This review aims to provide a critical analytical perspective on the research entitled "Islamophobia and Communism: A Persistent Bias in Contemporary Indonesia" by diagnosing its theoretical foundations, deconstructing its premises and motivations, evaluating its methodology, and analyzing its findings to determine its significance within the political literature landscape. The study adopted a systematic analytical approach as its primary method for identifying inputs, tracking inferential outputs, and measuring the coherence of the study's cognitive structure. The review concluded that Islamophobia and communism represent a highly complex phenomenon in Indonesian society, transcending the cultural and religious dimension and linked to historical ideological conflicts between the political authority, which is considered an opposition to Islamic parties and forces, and whose policies are classified as forms of Islamophobia through the consolidation of a negative image of Islam and the Arabic language. The review also proposes forward-looking perspectives based on expanding the comparison with other models, which contributes to providing a deeper understanding of the subject of Islamophobia and communism in Indonesia and the Western world.