Journal Of the College of law /Al-Nahrain University

This study examines the legal framework regulating subscription to the Voluntary Pension Scheme in Iraq pursuant to the provisions of Pension and Social Security Law for Workers No. 18 of 2023. It analyzes the substantive and procedural conditions governing accession to this scheme, with a view to assessing the extent to which such conditions are consistent with the underlying philosophy of social security, which seeks to expand the scope of protection to include workers in the informal sector and self-employed persons, while preserving the financial and administrative sustainability of the fund.
The study addresses the substantive requirements, namely nationality, age limits (both minimum and maximum), medical fitness, and the prohibition on combining Social Protection Network allowances with voluntary insurance coverage. It further examines the procedural requirements, including the submission of the application electronically, the determination of the income category for contribution purposes, and the mechanism for reviewing and deciding upon the application.
The study concludes that the Iraqi legislator has established a regulatory framework aimed at striking a balance between social considerations and financial sustainability. However, practical implementation has revealed certain legal and administrative challenges that call for legislative and regulatory review in order to enhance the effectiveness, flexibility, and fairness of the voluntary pension scheme.

Digital identity represents a set of data, as well as technical and legal determinants, that distinguish an individual in cyberspace. It includes identification information, digital behavior, and interactive connections. As such, it is not merely a technical tool, but rather a legal entity with implications for rights and obligations. The world is undergoing a profound transformation driven by the digital revolution, which has given rise to what is known as “digital identity” as a modern extension of an individual’s legal personality in the virtual environment. Consequently, the legal treatment of this identity is no longer confined to the domestic sphere; instead, it has begun to raise complex issues within the realm of private international law, particularly with regard to conflict of laws and jurisdiction. However, this theory faces several challenges, most notably the divergence of national legislations, the difficulty of reconciling technical and legal considerations, and the need for a unified international will. Therefore, the development of an integrated legal theory of digital identity within the framework of private international law is no longer an option but a necessity, in order to keep pace with technological advancement and to ensure a fair and effective legal regulation of cross-border digital relationships.

The French Civil Code is one of the oldest civil codes in the world. It is almost the vanguard of European civil codes, and other civil codes have drawn inspiration from it. It was the source of the emergence and development of many civil laws in Europe and the Arab world. However, the influence that characterized French civil code for decades did not continue to influence and inspire many laws. Rather, this code began to become outdated and obsolete, its contract law was incomplete, its international influence was lost, and its appeal to international business was diminished.The importance of this research is evident in the fact that the new French Contract Code of 2016 represents a major legislative shift in Latin civil law systems. In addition, the old French Civil Code of 1804 is a source of inspiration for many civil codes, including Arab civil codes such as the Iraqi one.

Appealing court rulings is one of the basic guarantees provided by law to achieve justice and guarantee rights, as it provides affected parties with the opportunity to reconsider the court's ruling. However, in some cases, the legislature, It allows the parties to waive this right, whether the waiver is before the competent court or before a notary public. This raises many questions about the validity of this waiver and what mechanism must be followed for this waiver to be valid and produce its effects.
Once the waiver of the appeal is issued in a correct manner and in compliance with the legal requirements, the appeal is considered null and void, and the appealed ruling is considered final and binding with respect to the waivering appellant, and he may not appeal it again. The importance of studying the mechanism for waiving an appeal and its effects is highlighted in light of the practical and theoretical problems it raises regarding the rights of opponents and the balance between the principle of the stability of judicial rulings and the principle of the right to litigation.

If forests and woodlands have that environmental, economic and developmental importance, and because of the role they play in human life in preserving their existence, life and the components of this life, as we have previously indicated, and because respecting human life and providing protection and respect for his rights is the reason for the existence of countries and institutions, therefore forests have witnessed clear interest at the international and domestic levels, in protecting them and preserving them from deterioration.
At the international level, the philosophical framework and practical reality imposed themselves on the interest in forests, so conferences were held and declarations and agreements were drawn up, in an attempt to protect forests as part of the global environmental system. At the domestic level, the environment has received the attention of constitutional legislators first and ordinary legislators second, but the constitutional organization in some countries did not refer to forests directly, so legislative interest was the fertile field for organizing, managing and protecting forests.

This study undertakes an in-depth analysis of the principal international and Islamic efforts to confront the crime of genocide perpetrated in the Gaza Strip, through examining diplomatic initiatives, with particular emphasis on the role played by the Kingdom of Norway, and tracing the actions of the relevant United Nations bodies. It further assesses the case brought by South Africa before the International Court of Justice as one of the most significant contemporary international legal mechanisms in this context. The study also addresses the role of the Organization of Islamic Cooperation, Islamic jurisprudential institutions, and religious authorities in documenting violations and advocating for the activation of international criminal accountability. It concludes that, notwithstanding their importance, these efforts still lack effective binding mechanisms capable of ensuring the protection of civilians and securing accountability for the grave violations committed against them.

In legal and administrative thought, the public service represents the "executive arm" of the state. It is the practical channel through which constitutional and legal texts are transformed from mere written rules into actions, decisions, and services that citizens experience in their daily lives. The public interest, as the ultimate goal of the administrative system, is not automatically achieved simply by the existence of a constitution, laws, or government plans. Rather, it is realized when public institutions operate regularly, fairly, and efficiently, and when citizens feel that public administration is not run according to whims, influence, or exceptions, but rather according to the principles of law, justice, and equality. This is where the intrinsic value of the public service emerges. It is not merely a "job" for which an employee receives a salary, but a legal position that includes jurisdiction, authority, and responsibility, and entails duties related to public order, the protection of public funds, the proper functioning of public services, and the rights of individuals.

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The private sector in Iraq represents the Jordanian public for the national economy, and the main driver of the stock market, known to the Central Bank always to put in place programs and solutions legally authorized to allow us to do so, through adopting the legal and advanced instructions and mechanisms established by the legislator, The bank may encounter challenges that prevent it from carrying out banking activities as required, leading to the termination of its activity or the dissolution of its entity. This represents a serious matter whose effects are reflected first and foremost on the national economy, in addition to its serious effects on the bank's clients, Therefore, the Iraqi legislator, within the provisions of the Banking Law, ensured the creation of a special legal system for bank liquidation, in a way that achieves a balance between all interests, The Iraqi legislator, in determining how to liquidate banks, aims to minimize any losses and guarantee the rights of creditors. Liquidation is carried out either voluntarily at the request of the bank owners or by a decision from the Central Bank or the Financial Services Court in a compulsory manner.
The importance of the research lies in explaining the provisions of bank liquidation in light of the legislative rules of the Iraqi Banking Law. Our research also contributed to explaining the concept of liquidation, its types, conditions, and reasons, and the effects resulting from the liquidation decision and the competent authority to make this decision.

The international civil service represented by professional activity carried out by natural persons, known as international civil servants, who are appointed in accordance with specific legal frameworks to perform functions in the interest of international institutions. Nevertheless, a degree of ambiguity has been observed in the conduct of some of these officials—particularly those within the United Nations—raising concerns the adequacy of its administrative system under its Charter. So, This study examines the reality of international public service through an analytical approach, complemented by a descriptive method to explore the foundations of compliance with the rules of international legality. It further seeks to identify the competent authority responsible for accountability in cases of non-compliance, especially in light of the absence of a unified international administrative legal system, a condition attributable to the diversity of institutional objectives and the variation in working conditions across international bodies. The study concludes that there is a pressing need to unify the international administrative legal framework to ensure the protection of the rights of all parties to the employment relationship and to enhance mechanisms of accountability, particularly within the United Nations system. It also emphasizes the necessity of developing regulatory mechanisms that serve the international community, mitigate the adverse effects of structural imbalances in the international environment, and strengthen the governance of the international civil service in accordance with well-defined standards. Such standards should clearly delineate the scope of responsibility of both the international civil servant and the organization. Furthermore, the establishment of an independent oversight body is recommended to supervise the performance of United Nations organs and staff, and to continuously monitor the legality of the activities undertaken by members of international committees, in line with the requirements of contemporary international relations and the protection of peoples’ interests.

This research sheds light on the scope and concept of judicial immunity for international employees within the framework of public international law, and defines it as protection enjoyed by international figures from legal considerations. It also addresses the characteristics and effects of this immunity and how it affects the status of international employees, given the status of judicial immunity for international employees as a pivotal topic in the field of public international law, as it aims to protect international employees while performing their official duties. Judicial immunity refers to the legal protection enjoyed by international employees, which prevents them from being prosecuted before national courts for the actions they perform within the framework of their duties. Judicial immunity is based on several principles, most notably "respect for sovereignty": International law requires states to respect the sovereignty of other states, thus protecting international employees from judicial interference, and the effectiveness of international work: Immunity contributes to ensuring the ability of employees to perform their duties without fear of legal prosecution, within the scope of immunity, which is determined according to several factors, such as the type of job, which varies according to the nature of the job (such as an employee in an international organization or a diplomatic mission), and the nature of the act committed, as immunity is granted to acts that take place within the framework of the official job, while immunity may be lifted in certain cases such as serious and flagrant crimes. The concept of judicial immunity faces some challenges such as international crimes, so how can we deal with crimes committed by international employees, especially in cases of human rights violations, in addition to public opinion and pressure from the international community for accountability and transparency, which requires a balance between immunity and accountability. Keywords: Judicial immunity, international employee, international law, diplomatic mission, international custom.

Constitutional rules are the foundation of the state\\'s legal structure, and within them, the constituent authority controls the country to establish whatever rules and principles it desires, taking into account the public order, that is, the rules that supersede constitutional rules and are connected to the conscience of the nation. The constituent authority can reduce these rules and translate them into mandatory rules in the constitution, and in doing so, it effectively establishes the principle of citizenship, which is the basis for building modern states, far removed from all differences and affiliations, whether religious, ethnic, or racial. This requires the legislative authority, when setting and formulating constitutional rules, to guarantee its rules for the public and private rights of the principle of citizenship, as well as the duties imposed on citizens so that they feel their national belonging. This is what we will address in this research through two sections: In the first section, we will discuss the theoretical basis of the principle of citizenship and its positive position, and in the second section, we will discuss the general constitutional duties of the principle of citizenship.We will conclude our research with a summary of the most important results and proposals.

/ Freedom of expression is one of the fundamental human freedoms, through which individuals express their innermost feelings in various aspects of life, using a variety of means and manifestations. However, this freedom is not absolute. Rather, it must be regulated in a manner that protects the rights of others, and its practice must not lead to chaos in society. However, its regulation must not impinge upon its essence, depriving individuals of its ability to exercise it. Based on this, the 2005 Constitution of the Republic of Iraq stipulates general and specific restrictions on the exercise of freedom of expression, which must not violate public order and public morals, and must be regulated by law.

When the law allowed the authorities to be responsible for preliminary investigation the necessary powers to uncover crimes, its underlying purpose was to protect the rights and freedoms of each individual not to let them abuse. These powers are regulated and bound by strict safeguards to ensure their proper utilities within the certain limits of procedural legality achieving of justice. If the investigation authority trespass these limits, the competent judicial oversight bodies are empowered to mend this queries. Procedural binding will be applied to any illegal detection procedures, in addition to other criminal or civil penalties against the direct responsible person, when justified, all formed through due legal process.

The process of making essential changes in the structure of the economic system and its financial, monetary and economic policy in general, it has become urgent result towards the transition to a market economy and away from the central economic regulator in socialist systems, so, this economic philosophy requires the state to establish mechanisms to achieve the requirements of this economic transformation and change, as it is the supervisor and regulator of the national economy, These mechanisms may be national, represented by organized management and a real popular will supporting economic change, in addition to the existence of laws and legislation, especially since the Iraqi economy has suffered from several problems in its structures and policies over time.This process cannot be completed unless there are assistance, in addition to making use of the theories and jurisprudential ideas in the economies of the developed world. Besides, supporting international organizations financially and economically, this is what the Iraqi Constitution has contained since 2005.

Jurisdiction is one of the fundamental foundations upon which a sound judicial structure is based, as it defines the limits of judicial authority granted to courts in accordance with legal texts. Within the framework of the Internal Security Forces Court, jurisdiction takes on multiple dimensions that are consistent with the special nature of this court, which was established pursuant to the Internal Security Forces Criminal Procedure Law No. (17) of 2008, to have jurisdiction over criminal cases involving members of the Internal Security Forces. The jurisdiction of this court is divided into several aspects, the most prominent of which are: subject-matter jurisdiction, which relates to the nature of the crimes falling within its jurisdiction; personal jurisdiction, which links the court's authority to the accused's status as a member of the Internal Security Forces; temporal jurisdiction, which determines the court's authority to hear criminal cases regarding crimes committed during the period of service; and spatial jurisdiction, which is determined according to the location of the crime.

This research presents a critical analytical study of one of the fundamental principles of international law: the principle of equality before the law. The research problem lies in the widening gap between the theoretical enshrinement of this principle in the statutes of international courts and its practical application, particularly in light of the material and political disparities between the parties to a dispute. The study adopts a comparative analytical approach between the bodies of public international courts (the International Court of Justice and the International Tribunal for the Law of the Sea) and the bodies of international administrative courts (the United Nations Dispute Tribunal). The research concludes that procedural equality often remains merely "formal" unless it is accompanied by practical guarantees that compensate for the limited resources of the weaker party, whether it be a developing state or an international civil servant. The study also identifies a number of challenges, most notably: the obstacle of international immunities, the exorbitant costs of litigation, and the absence of mechanisms for the enforcement of judgments. In conclusion, the research seeks to establish an international legal aid system and reduce the scope of immunities in administrative disputes to ensure the genuine effectiveness of this principle. Keywords: Judicial equality, international justice, International Court of Justice, International Tribunal for the Law of the Sea, United Nations Dispute Tribunal, right to litigation.

If the law of the jungle has irrevocably ended, and it has become easy for people to resort to the judiciary to resolve their disputes, resolve the dispute, restore justice, and soothe the souls hurt by the injustice inflicted upon them, this does not come easily or quickly. Rather, it must be done through carefully drawn procedures and principles that must be followed.
However, resorting to the judiciary alone is not sufficient, nor does it quench people's thirst for justice. Rather, a person must feel that the one who holds the root of their problem in their hands is worthy of it. Indeed, psychological reassurance and a sense of the glow of justice in those hands is a gateway to achieving justice. It is one of the hallmarks of a judge's success, as is the opposing party's confidence in the judge before they speak.
The judiciary is a cumulative experience, and persistent efforts to develop and strengthen oneself, prevent slippage, and even adherence to virtuous principles and values are among the secrets of a judge's success in his work.
But what are the factors that lead to a judge's success? And what are the factors that lead to his failure? There are many factors that contribute to success, and these cannot be attributed to any single factor. Rather, many factors combine, intertwining and interconnecting, presenting us with the model of justice that a judge should possess.
This includes the fairness and impartiality of the judge. He must be impartial, not be swayed by blame, and not be biased toward either party in a dispute. The evidence of both parties and the court's investigations must be the basis for a decisive ruling in the case. He must be characterized by integrity, honesty, and integrity, keeping pace with legal and cognitive developments. Without this, he cannot confront the challenges that hinder his judicial work.
These factors do not stem from the judge's personality itself, meaning that it is not sufficient for all of them to be manifestations of this personality, which he was born with in his previous life as a judge. Rather, some of them are added by the accumulated experience he gained from judicial work itself. Foremost among these is the ability to analyze the facts presented by the parties and link them to the legal texts governing these facts. The judge must be alert and conversant with the details of the dispute before him, able to make decisions that will expedite the arrival of a definitive opinion on the dispute, and attentively listen to the arguments presented by the parties.
This does not mean that a judge is immune to failure in his work. Rather, there are factors that contribute to disrupting his professional career and hindering the achievement of the intended goal of this work, which is to achieve justice and chart a professional path that seeks to do people justice, free from bias and submission to the interests and tendencies of others. These factors exert pressure on a judge's professional career. These factors are not solely the judge's role, but rather external. They include the poor selection of judges. Considerable effort must be made to protect the judiciary from the arrival of individuals unsuited to this position. Judges must also be protected from political and societal influence, and they must be technically qualified. Technical qualification means that judges must possess a high level of legal knowledge. This can be achieved through training programs they must complete during their two years of study, and not simply rely on the theoretical knowledge they acquire during their university studies. Judges must also be protected and freed from the fear and anxiety that accompany them at work. Judges must feel reassured that they will not be dismissed or transferred to another position, and that competence and integrity are the criteria for promotion and access to judicial positions, not the satisfaction of officials. The success of the

Intellectual property infringement, especially in the area of copyright, has become a major legal concern as a result of the widespread use of digital technology and the internet. This issue becomes even more complex when the infringers are children or minors. In such cases, it is essential to strike an appropriate balance between parental responsibility and the protection of copyright holders' rights, as children often lack full understanding of legal obligations.
This article examines the civil liability of parents for the unlawful acts committed by their children, focusing specifically on a comparative analysis of the legal systems in Iraq and the United States. In the American legal framework, there are clear guidelines regarding parental responsibility for the tortious acts of minors, including specific federal and state copyright regulations. In contrast, the Iraqi legal system remains underdeveloped in this area, with notable gaps in defining parental liability in cases involving copyright infringement.
The findings of the study suggest that recognizing certain forms of vicarious liability for parents, especially in situations involving inadequate supervision, may serve as an effective mechanism for deterring copyright infringement. The article concludes by offering recommendations for improving Iraq's legal framework in this regard, emphasizing the importance of drawing on experiences from jurisdictions such as the United States to develop more comprehensive legal provisions.

Criminal law, in its general principles, serves as a starting point, standard, and framework for regulating many behaviors that some may consider to be within the bounds of individual freedom. Criminal law prohibits many actions that disturb public order and tranquility in societies. Among these actions are a range of crimes that disrupt the public peace of other members of society. Protecting public order is justified under the constitution and the penal code. Actions that harm public order are considered crimes of harm that affect all members of society, with the criminal outcome directed at the entire community and not just a specific individual. Therefore, these crimes are generally classified as misdemeanors and offenses, which may be punishable by imprisonment.

The electronic payment system is one of the means that contribute to the economy and investment, and this innovation is one of the latest achievements of mankind to keep pace with modern technological developments, as it has become one of the basic means used in the electronic payment process This method, which has been used worldwide for the past few years, has proven its worth due to its ease and smoothness of use. The widespread use of these cards must be regulated by a sophisticated legal system, especially in current legislation. Many countries around the world have faced specialised legal regulation of electronic payment systems. In contrast, most developing countries have not kept pace with this development in the field of electronic payments. It is therefore necessary to establish legal legislation for these transactions, and there are legal issues that determine the rules to be applied in dealing with the parties, as well as determining the legal nature and rights in the absence of specific legislative texts on the type of liability arising from the use of these cards, identifying the parties to the electronic payment process, and determining their obligations and the legal consequences thereof.

The question of the implementation of international commercial arbitration provisions is the most important stage of the arbitration regime and the basis for its effectiveness as an amicable method of dispute resolution principle ", that the arbitral award be carried out voluntarily in accordance with the principle of the authority of will prevailing in the arbitration system, However, in the event of non-voluntary execution, the self-regulation of electronic arbitration must provide the arbitrators with a compulsory enforcement mechanism to act as enforcement authorities in the State and the self-execution of electronic arbitration provisions is based on the idea that electronic settlement centres take the means to enable the losing party to enforce the judgement without the need for recourse to national justice, E-settlement centres' use of self-executing means to implement e-arbitration judgements is more effective and less costly than recourse to national justice.

This study addresses the issue of planned obsolescence and its validity as a latent defect that triggers warranty, particularly in light of the absence of specific regulation in Iraqi law, in contrast to French law, which explicitly prohibits it within the scope of consumer law. The research idea is based on the notion that planned obsolescence is not merely the shortening of a product's lifespan or its natural deterioration, but involves a deliberate intervention that reduces its useful life or limits its efficiency, prompting replacement prematurely. Based on this, the study examined the subject through two main sections: the first section was dedicated to clarifying the definition of planned obsolescence, its characteristics, and distinguishing it from overlapping concepts, while the second section addressed testing the applicability of latent defect warranty requirements to it.
The study concluded that planned obsolescence does not fall under the general rules of latent defect warranty by default but can be subjected to them if its cause existed from the beginning, was not apparent to the ordinary buyer, and affected the value or utility of the item in an abnormal manner. It also indicated that the most prominent practical difficulty lies in proving intent, which requires relying on supportive technical and factual indications.
The value of the research lies in providing an organized civil standard for dealing with this practice, and demonstrating the sufficiency of the general rules in civil law to encompass it, along with calling for explicit legislative intervention that defines its ruling and scope.

This study aims to demonstrate the criminal protection of the human right to freedom of expression by analyzing constitutional texts and national legislation and comparing them with international human rights standards, particularly the right to freedom of expression. It also highlights the constitutional and legislative guarantees that allow dialogue and prevent violations of this right, which embodies the spirit of the democratic system. The study adopted a descriptive and analytical approach, in addition to a comparative approach to assess the extent to which legal and political practice in Iraq conforms to the constitutional texts, and a critical approach to highlight the gap between texts and implementation. The study concluded that there is a clear legislative and executive gap that restricts this right in practice. It also explores constitutional and political practices related to freedom of expression. Furthermore, the absence of a law regulating freedom of expression and peaceful demonstration weakens actual guarantees. The study recommended the need to expedite the enactment of a law regulating freedom of expression in line with international standards, amend legislation that restricts freedoms, and activate constitutional judicial oversight.

The literal meaning of legal terms is fundamental to understanding the texts upon which administrative judges rely when adjudicating disputes. The clarity or ambiguity of a term determines the extent of the judge's discretionary power in deriving a ruling. While the law grants the judge the freedom to determine the meaning closest to the legislator's intent, this freedom remains subject to the oversight of the higher administrative court, which verifies the soundness of this derivation and its consistency with the principles of interpretation and rules of semantics. This research aims to clarify the nature of legal term interpretation in administrative courts, define the scope of discretion available to the judge when dealing with textual and apparent meaning, and explain the limits of judicial review of this assessment, based on and analyzing Iraqi and French judicial applications. The study's significance lies in revealing the impact of literal meaning on the validity of judicial rulings and the stability of legal positions.

The legal translation profession is of great importance in the legal sphere, as it has a tangible impact on facilitating communication and achieving optimal civil judgement in civil cases. In fact, the role of legal translation and legal translators has increased in the modern era, as translation has become one of the essential tools relied upon by the judiciary in reaching the truth, especially in cases involving parties or documents in different languages.
The effectiveness of legal translators in civil proceedings lies in their ability to convey the correct legal meaning of texts, documents and statements without distorting their content or misrepresenting their intent, which contributes to the clarity of the facts and the integrity of civil evidence, and helps judges form sound legal opinions. Accurate translation is an integral part of the stages of civil proceedings, starting with the translation of legal texts, regulations and documents, through the translation of the statements of the parties and witnesses during the hearing, and ending with the translation of the court ruling itself, if necessary.
The importance of legal translation is also reflected in the civil judge's reliance on the translator to provide an accurate and objective translation that contributes to the proper administration of civil justice and ensures the protection of rights and safeguards them from misunderstanding or misinterpretation. Thus, the legal translator acts as an assistant to the judiciary, providing justice with a precise technical tool that contributes to the construction of a fair judicial ruling based on a correct understanding of the texts and facts in dispute.

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The study addressed the method of electronic administrative control in maintaining public order, as the importance of electronic administrative control is increasing at present, especially with the state and its public activities relying on cyberspace. It will also focus on managing some studies indicating that electronic development will ultimately lead to the existence and impact of public order, Some recent studies have also confirmed that electronic development will ultimately lead to risks affecting public order, and maintaining public order is considered one of the primary concerns of the electronic administrative control authority in any country, regardless of its system of government, Therefore, the administration can undertake this task by following a set of modern methods in electronic monitoring, which are represented by preventive electronic monitoring and electronic licensing, in addition to blocking websites in a way that achieves a kind of balance between the security and safety of society on the one hand, and the rights and freedoms of individuals on the other.

It is recognized in jurisprudence and administrative law that the administration has the right to impose liability on contracts concluded with individuals or private moral entities in areas that are not normally subject to the rules of private law. However, the administration may not impose unjustified conditions or arbitrarily exercise its powers. The administration may also sue for damages incurred by contractors or even non-retirees. Jurisprudence and administrative law have adhered to liability based on fundamental error, which requires proving administrative error to establish administrative liability. Since such proof often seems difficult, jurisprudence and administrative law have developed the theory of bearing liability or liability without fault, which does not require proving administrative error, but rather proving the damage incurred by the contractor. The research is divided into two sections, as follows: Section One: The legal nature of administrative liability Section Two: Applications of the theory of bearing liability or liability without fault.

This research presents a comparative analytical study of child custody (hadhanah) provisions under Iraqi Personal Status Law No. 188 of 1959 and the Ja’fari Shi’a Jurisprudence Code (Law No. 1 of 2025). The study examines three principal dimensions: the concept and elements of custody, custodian qualifications and eligibility order, and the rules governing custody remuneration, child maintenance, and custody termination. The findings reveal that Iraqi personal status law adopted a conciliatory approach drawing from multiple jurisprudential schools, while the Ja’fari Code adheres strictly to Imami Shi’a doctrine. Significant divergences exist regarding the duration of maternal custody and the legal effect of the mother’s remarriage on her custodial rights. Both systems, however, consistently place the best interests of the child as the paramount criterion in custody disputes. The researcher recommends that the Iraqi legislature establish explicit statutory standards for determining the child’s best interests and introduce systematic field-monitoring mechanisms to ensure child welfare following custody rulings.

This research focuses on countering terrorist activity in the digital environment under Iraqi and Egyptian law, examining the conceptual framework, elements, and implications. It defines digital terrorist activity as the use of technology to carry out terrorist acts through hacking, financing, or propaganda, leveraging digital features such as border crossing and concealment. The elements of this crime are based on the physical element (such as hacking), the moral element (terrorist intent), the digital means, and cross-border influence. The impact of this activity varies, from national security to social and economic stability, as it threatens infrastructure and undermines confidence in digital services, while simultaneously spreading psychological terror and undermining political legitimacy. Egyptian and Iraqi laws address these challenges by criminalizing and severely punishing such acts, while seeking to balance security requirements with protecting freedoms in the digital space

Iraq is witnessing rapid transformations in the financial sector due to technological developments, particularly the spread of artificial intelligence. This technology has become a double-edged tool, enhancing monitoring and early detection of money laundering operations while potentially being exploited by criminals to conceal illicit funds. This study aims to examine the Iraqi legal framework concerning the use of technology and artificial intelligence in combating money laundering, analyze the strengths and weaknesses of current legislation, and propose necessary reforms to ensure effective legal procedures while safeguarding fundamental rights such as privacy and data protection

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In this study, we address one of the most important foundations of banking commercial activity, namely commercial reputation, as commercial transactions in general, and banking operations based on personal consideration in particular, are often not concluded unless the customer enjoys a good reputation . A customer’s commercial reputation is usually reflected through the existence of several attributes, including creditworthiness, financial solvency, a strong financial position, as well as good conduct and integrity, and the absence of any conviction for crimes involving dishonour or breach of trust. It is therefore difficult for banks to grant banking credit to a person who lacks such qualities and characteristics, or whose reputation has deteriorated within commercial circles . The customer’s respectable commercial reputation has an effective impact not only on the acceptance of applications for opening credits and bank accounts, but also on the continuity and binding nature of such banking operations. A decline in the reputation of the dealing or contracting party, regardless of its causes, may constitute a genuine and lawful ground permitting the termination of the contractual relationship, the discontinuation of banking dealings with such person in the future, or the granting of banking facilities only under more stringent conditions .

If an individual has the right to resort to the judiciary as guaranteed by the Constitution, then, accordingly and consequently, everyone has the right to seek judicial protection from the judge in charge of their case, whether it involves civil disputes, in which case the individual seeks protection from civil judge, or administrative disputes, in which case they turn to administrative judge. Although the principle of an individual’s right to resort to a competent judge is generally applied in most countries, judges are human beings who are not infallible from making mistakes. They, first and foremost, are human beings who vary in their ability to properly understand and interpret the law, depending on factors such as experience, knowledge, and other personal differences. Therefore, it has become necessary to set rules that aim to address and correct mistakes made by judges in the rulings they issue regarding the disputes at hand. On one hand, the rules address the need; on the other, the procedural rules regulating the consideration of cases before the judiciary serve as a safeguard for individual litigants before this judiciary (the administrative judiciary). Therefore, talk of ensuring easy and convenient procedures for litigation before the administrative judiciary raises the issue of the lack of an independent procedural law to consider cases before the administrative judiciary, as well as the presence of certain procedural restrictions and obstacles. Here, alternative litigation methods, also referred to as appropriate mechanisms of resolving disputes, play a crucial role. These mechanisms help parties seek a non-judicial settlement when a dispute arises between them, with the aim of reaching an amicable solution free from hostility and grudges. Arbitration, mediation, negotiation, conciliation, and reconciliation are among the most prominent alternative systems for litigation. Therefore, litigation does not fall under this category, as it is not considered an alternative means of resolving disputes, but rather an original means. The natural course is for parties to resort to courts and try to resolve existing disputes between them by filing a lawsuit, with the application of the principle of integrity.

Local councils in both the Iraqi and Egyptian legal systems enjoy a broad degree of local autonomy. However, this autonomy—however extensive—is not absolute or a complete separation from the central authority. In this context, it is crucial to emphasize the need to regulate the nature and extent of the relationship between the central government and local authorities. The central authority's control should not become so tight as to render local councils ineffective or to infringe upon their autonomy, which is the fundamental pillar and essential reason for their existence.