Journal of Researcher for Legal Sciences

Global protests are escalating, bringing with them significant security and legal challenges, as police officers find themselves facing risks to their lives and physical safety. This study aims to analyze the criminal protection frameworks for police officers when dealing with riots, as the ultimate legal guarantee enabling them to perform their duties. By applying the comparative analytical approach between the legislator's behavior in Egypt, Iraq, and France, the research reveals procedural and substantive gaps in current texts. The study concluded that traditional protection may not be sufficient to counter emerging patterns of protest, necessitating the formulation of legal texts that balance administrative control powers with the protection of public freedoms. The study concludes by presenting legislative proposals that guarantee effective protection for police officers and precisely define the scope of permissibility and liability

In the light of ongoing debate surrounding the use of drones (unmanned aerial vehicles), which are employed in both warfare and in humanitarian relief and rescue operations uses, this study seeks to examine the humanitarian legitimacy of using drones and the legal challenges associated with their use in relief efforts during armed conflicts. The study adopted the descriptive method, which is used to provide an accurate and comprehensive description of drone use in both humanitarian and military contexts, highlighting the accompanying legal and humanitarian challenges. It focuses on clarifying key legal principles such as distinction, proportionality, and the frameworks for civilian protection. The analytical method was also employed to analyze the provisions of international humanitarian law, additional protocols, relevant conventions of the international labour Organization, and judicial decisions related to the use of drones. Furthermore, it was used to assess the effectiveness of legal mechanisms for accountability in cases of potential violations. The study reached several conclusions, most notably which applying the principles of distinction and proportionality in drone strikes require a high degree of precision in intelligence gathering and target identification. Operators bear the responsibility to distinguish between combatants and civilians and to ensure that incidental harm remains proportionate to the anticipated military advantage. Thus, operational accuracy and field verification are crucial factors in determining the legitimacy of using this technology. The study has recommended strengthening compliance with the principles of distinction and proportionality in all drone operations by developing rigorous verification mechanisms that ensure attacks are directed solely at legitimate military targets and that minimize collateral damage to civilians and humanitarian facilities.

This research aims to examine the constitutional regulation of decrees having the force of law in situations of necessity in light of the exceptional constitutional authority of the President of the Palestinian Authority, considering them as a tool of the executive authority to address emergency situations and ensure the continuity of the state and its vital institutions. The study derives its significance from combining the theoretical constitutional and legal dimension with the practical dimension, related to the actual experience of decrees issued following the Palestinian political split in 2007, which allows for assessing the extent of compliance with constitutional and supervisory safeguards and the protection of rights and freedoms.
The research problem is formulated around the question of to what extent the constitutional regulation of decrees having the force of law in situations of necessity achieves a balance between the exercise of the President’s exceptional authority and its legal and supervisory constraints, taking into account the practical application of these decrees following the Palestinian split.
The researcher adopted the legal analytical method to examine relevant constitutional texts and Palestinian laws, and the practical method to analyze the decrees issued in practice and evaluate their effectiveness and compliance with constitutional constraints.
In conclusion, the study has reached a set of findings and recommendations. The most significant findings include: the scope of decrees having the force of law is limited and not broad, and therefore they cannot regulate numerous matters, such as issues related to the judiciary, the formation of courts, elections, public rights and freedoms, the imposition of new penalties, or similar matters. This is because decrees having the force of law are strictly tied to address exceptional measures imposed by situations of necessity. Even though they carry the force of law, they are not ordinary laws, as the amended Palestinian Basic Law explicitly stipulates that such matters must be regulated by ordinary legislation rather than decrees having the force of law.
Among the main recommendations, the study recommends that judicial review should not be limited to verifying the existence or absence of necessity but should extend to comprehensive oversight, including the assessment of the degree of severity of the necessity or exceptional circumstances, particularly because the theory of necessity is not a political theory. This is based on the principle of legality, which requires that the executive authority must not exceed the law under either normal or exceptional circumstances.

Some couples resort to obtaining a divorce in court and obtaining a ruling to separate them, even though there is no real or actual reason, whether legal or religious, to issue a divorce and dissolve the marital bond. The intention behind this divorce is only to obtain a benefit or compensation that accrues to the divorced woman or the divorced man or both of them together, as a result of presenting the divorce certificate before the official authorities. In reality, the divorced couple returns to the state of marriage again, but this time without official registration. Thus, the divorce remains in effect officially, and at the same time the marriage is valid and established from a religious and practical standpoint. This abnormal situation, in reality, causes an important problem at the legal, religious, social and even moral level, due to the negative effects it causes on the family and society together. This study was based on clarifying this issue, explaining its features and determining its ruling from both the legal and religious perspectives.

Transboundary environmental damage constitutes one of the most challenging and complex types of liability, particularly in the field of conflict of laws, due to the interconnection of responsible parties and the distribution of its effects across multiple states. This complexity is further compounded by the divergence in the positions of applicable domestic legislations and the differing locations where the harmful act occurred or where the damage was realized.
The rules of private international law concerning the determination of the applicable law to environmental damages have witnessed significant development. This evolution is reflected in the shift from reliance on judicial precedents and general principles prior to the enactment of the Rome II Regulation, towards the establishment of a more precise, specialized, and stable legal framework under this Regulation.

This study aims to explore the evolution of the concept of the modern state according to constitutional law scholars, focusing on contributions from both Arab and Western thinkers. The research analyzes the multifaceted functions of the modern state, including security, justice, social organization, economic development, and international representation. The research highlights the relationship between legal theory and the practical functions of the state, and provides a comparative perspective between Arab and Western constitutional thought, emphasizing local particularities and constitutional legal standards.

This study examines the constitutional court as a mechanism for maintaining a dynamic balance among state powers. It analyzes how constitutional review of legislation and executive regulations, adjudication of jurisdictional disputes, and authoritative constitutional interpretation operate to prevent institutional overreach and preserve constitutional supremacy. The study has concluded that the court’s effectiveness depends on a careful balance between necessary judicial intervention and principled judicial restraint, alongside consistent reasoning, transparency, and enforceable implementation of judgments to secure tangible institutional impact.

The Workers’ Pension and Social Security Fund is considered one of the most important legal and economic instruments adopted by the state to achieve social protection and ensure living stability for workers after the end of their service or in cases of disability and old age. This necessitates the provision of a comprehensive legal framework to safeguard its funds against misappropriation, assault, or mismanagement. The significance of this fund stems from its role as a cornerstone in achieving social justice and in strengthening trust between citizens and the state by guaranteeing workers’ financial rights.
The research has concluded that protecting the funds of the Pension and Social Security Fund cannot be achieved solely through legal provisions; rather, it requires the activation of a comprehensive oversight system alongside updating legislation in line with economic and social developments, in the way which ensures the ability to confront contemporary challenges such as inflation, weak financial planning, and recession. The study has also revealed that the supervisory role undertaken by the Federal Board of Supreme Audit constitutes a fundamental pillar in safeguarding the fund’s assets. However, this role needs further strengthening and expansion to include evaluating investment efficiency and ensuring transparency in resource management, thereby achieving financial sustainability and enhancing the fund’s capacity to meet its obligations toward workers.

This research examines the phenomenon of the abuse of the right to administrative appeal (malicious appeal), which transforms the constitutional right to litigation into a tool for disrupting public services and harming others with malicious intent or extortion. Malicious appeals are grounded in the theory of abuse of rights, derived from comparative civil law.
The research concludes that there is no deterrent mechanism comparable to that in France, where a financial penalty is imposed on the appellant of a malicious appeal, in addition to the administration's right to claim compensation for damages resulting from the abuse.
Furthermore, it is necessary to develop judicial standards for identifying malicious appeals and to strengthen the judge's role in establishing legal precedents for this purpose.

The Omani and Egyptian legislatures have given significant attention to regulating labor relationships by establishing a comprehensive legal framework that includes a set of penal provisions obligating all parties to employment contracts, whether individual or collective in groups, to comply with these provisions and refrain from violating them. Violation of these provisions results in the imposition of criminal penalties on the offender, whether a natural or legal person, reflecting the seriousness of the legislation in regulating and organizing the work environment. The imposition of penalties through judicial rulings aims to enhance the security and stability of labor relations, ensure their continuity and sustainability, contribute to a fair and disciplined work environment, and reduce the likelihood of disputes and conflicts between employers and employees.
This legislative approach also assists in achieving a balance between the rights and duties of all parties within the labor market and ensures the protection of the economic and social interests of both sides. Through a comparative study of the Omani and Egyptian systems, it is evident that both seek to establish effective mechanisms for legal oversight and the enforcement of penalties, thereby supporting labor market stability and promoting sustainable economic and social development. Compliance with these criminal provisions constitutes a fundamental pillar for maintaining legal and institutional discipline and forms a solid basis for fostering mutual trust between employers and employees, which positively reflects on productivity and the achievement of comprehensive development goals.

This study examines the legal framework for automated arbitration in light of the rapid developments in AI technologies, with a focus on the legislative gap in national laws, particularly Iraqi law, towards regulating this type of arbitration. The study examines the possibility of formulating a normative legal framework based on international soft rules such as the European Artificial Intelligence Act, the Silicon Valley Guidelines, and the UNCITRAL Principles.
The study concludes that current national regulations do not explicitly regulate AI-based arbitration, which makes the application of procedural fairness safeguards in this context closer to a forward-looking normative framework than to direct practical application. Accordingly, the study proposes a hybrid regulatory model based on the integration of human supervision and smart technologies (Human-in-the-loop) to ensure a balance between technical efficiency and guarantees of justice.

Iraqi law does not address the general provisions of the insurance contract and the legal value of the insurance claim. However, French law explicitly states that the insurance claim alone is not binding on the insurer or the insured parties. French law considers the insurer's silence as acceptance of the insurance in the event of a contract amendment. Iraqi and Lebanese law, however, do not contain a similar provision within the general provisions of the insurance contract.
The Iraqi legislator is supposed to add a provision to the general provisions of the insurance contract specifying the legal value of the insurance claim. Since the general rules of Iraqi civil law does not include a provision specifying a deadline for acceptance by the obligor. Rather, the Iraqi legislator must intervene and include in to the insurance contract a provision obligating the insurer to notify the insurance applicant of a negative or affirmative response to his application within a period of fifteen days.

In general, civil liability constitutes the basis for the responsibilities of professionals, including the liability of satellite channels. Modern scientific means have increased significantly, changing the way of living the life of people and exposing their privacy. Sometimes satellite channels breach the privacy code however, they still have a humanitarian task of informing people of news and information. Consequently, a fundamental distinction should be made between two opposing interests: one is the right of satellite channels to publish news and information, which is a right of society. The other interest is an individual’s right to privacy not be violated. Moreover, the extent of the right of the satellite channel to inform and when does this right come into conflict with personal freedom, how must a balance be struck between them, and what are the applicable legal rules if the satellite channel crossing its limits violates the sanctity of private life. We try to find the answer and solution to all these questions and problems through this research named 'The Liability of Satellite Channels for violation of Privacy Rights. This is pursued through a methodology that relies on comparative analysis, aiming to reach findings and recommendations that provide answers to the research questions.

The host country is the primary party in regulating and exploiting oil and natural gas resources, as it holds permanent sovereignty over its natural wealth. The host country's rights include controlling exploration and production operations, establishing legal and regulatory frameworks, and receiving financial returns through taxes, royalties, and production shares, in addition to ensuring environmental protection and achieving sustainable development. Its rights also include stipulating technology transfer, training national personnel, and promoting local content. In return, the host country is committed to provide stable and attractive investment climate, respecting contracts and agreements concluded with operating companies, guaranteeing legal protection for investments, and facilitating the administrative and technical procedures which are essential for production operations. It also bears the responsibility of balancing its sovereign interests with the requirements of investors in order to ensure the continuity of production and the efficient exploitation of resources.

In general, this research constitutes an in-depth legal and jurisprudential study addressing a complex issue of considerable practical importance, namely the ruling on dealing with a future estate. This issue is closely connected to the principle of public order in civil law, due to the legal effects resulted from which affects the stability of legal status and the protection of the rights of both heirs and creditors alike.
Accordingly, examining this issue requires a high degree of conceptual precision and analytical depth, which the researcher has sought to achieve through an analytical study supported by relevant legal, judicial and jurisprudential texts.

The researchers have reviewed a very important topic, as this research is a legal and jurisprudential study on a complex and highly practical subject, namely spousal support. In general, this research requires a high degree of accuracy and analytical understanding in order to cover all aspects of the subject, and this is what the researchers have tried to achieve through an analytical study supported by legal and jurisprudential texts.