Albayan University Journal for Legal Studies and Research

This research deals precisely with the phenomenon of “marital rape.” It is known that marriage comes about through a contract concluded between a man and a woman, and one of the goals envisioned for this marriage is to create a bond for shared life and a bond for offspring. How can this bond be a collar around the neck of this bond that ends in marriage? The husband is in prison on rape charges! Therefore, the calls of contemporary legal and Islamic jurisprudence varied between rejecting and supporting, while the legislator decided to remain silent. The right to enjoyment between spouses turns into rape in certain circumstances that lead to this, and with the expansion of the meaning of rape, serious calls have appeared on the horizon aimed at destroying the classical frameworks that reject the idea of marital rape at a time when the international community is seeking to enshrine it in international agreements. In order to avoid the problems that affected both groups, as the research addressed, we concluded that the husband who forces his wife to have intercourse at a time when she is not in a “position” that allows her to respond to his request, such as illness and the like, has committed a sin that deserves to be held accountable, provided that it is up to the judiciary. A clear and explicit authority to impose punishment or not in light of what his conscience dictates to him, and the reports that come to him written by people of knowledge , experience and art.

Administrative decisions are among the most important legal texts that express the main policies and laws of the state, the economy, social systems, and all contents and methods of implementation related to the needs of the public. Administrative decision-making reflects the effectiveness and efficiency of the administrative apparatus, as well as the ability to transform legislation, especially reform legislation, into reality, which has a tangible positive impact on people\'s lives and society. and welfare level. Administrative decisions must follow the principle of law, people\'s lives and society. and welfare level. Administrative decisions must follow the principle of law, that is, all actions of public bodies must be carried out within the framework of the constitution and legal norms, otherwise the procedure is flawed and invalid. The principle is that administrative decisions enjoy a presumption of legitimacy, that is, it is assumed that administrative decisions are correct and that they are issued legally, but this is a simple assumption that accepts contrary evidence. Because the beneficiary who appeals the administrative decision can present evidence proving that the administrative decision has one of the illegal defects. Thus, it is clear to us that management in the public sector must be under the supervision of the administrative judiciary.

During or before arbitration disputes، something may arise that makes the rights and legal positions in dispute at risk of loss or destruction، which necessitates taking precautionary measures to provide temporary protection for them. Most of the legislations concerned with international commercial arbitration have given arbitration bodies in general the power to issue related precautionary measures. Disputes agreed upon for arbitration، but it did not address the issue of implementing these procedures، which led to the creation of a loophole revealed by the practical reality that led to the search for organizing a mechanism for implementing precautionary measures. Therefore، the importance of this issue is determined by the necessity of contributing to finding solutions that may overcome the obstacles and legislative shortcomings facing the implementation of precautionary measures.

The rules of international human rights law guarantee all human beings on an equal basis, the right to dignity and physical and psychological integrity and prevent any violation of these rights, and because women\'s rights are in the current era a priority for international human rights organizations and the national legislations of states alike, they sought to promote them and ensure enjoyment Violence against women is one of the most important manifestations of inequality between the sexes, and hardly any society is devoid of it without any obstacles that discriminate between men and women, especially since modern medical studies have emphasized the effect of the psychological factor on Changing the basic parameters that direct the individual\'s behavior and make him behave.

The crime of failing to observe the technical principles in design, execution, and supervision is one of the important crimes that accompany construction work during the three phases of construction: design, execution, and operation. The Iraqi legislator has not addressed this important crime with regulation, although it represents an attack on a worthy interest to be protected, which is the safety and security of the building and its occupants. He relied on the general rules in the Penal Code to provide the required protection against this danger, which can threaten lives and bodies in case of omission or negligence in observing them.The research problem was raised through the following question: Did the Iraqi legislator provide adequate protection for the safety and security of the building and its occupants from the risks of not observing the technical principles in design, execution, and supervision?The research attempted to answer the question by stating the obligations imposed on those involved in construction work, from designers to implementers and supervisors, and by going into the details of the crime by analyzing its elements and determining the penalties imposed for it in light of what is stated in the Unified Egyptian Building Law, then stating the position of the Iraqi legislator on the crime, by adopting the analytical and descriptive approach.The research concluded that the legal texts in the general law are insufficient to provide the required protection for the safety of buildings and constructions. The research hopes that the Iraqi legislator will intervene to complete the required protection for the safety of the building and its occupants by criminalizing activities related to not observing the technical principles in design, execution, and supervision, directly and explicitly within a unified building law.In summary, the research found that the Iraqi legislator has not provided adequate protection for the safety and security of buildings and their occupants from the risks of not observing the technical principles in design, execution, and supervision. The research recommends that the Iraqi legislator intervene to criminalize these activities directly and explicitly within a unified building law.

The right of ownership represents the means that gives the owner the authority that he exercises over his property in the face of all people. This right may be subject to infringement or abuse. The right of ownership is based on constitutional and legal foundations, and it is the basis for protecting this right, which was established for private funds and whose protection was guaranteed by the Constitution. In addition to legal protection for him, the law has given the owner of the property powers over his ownership.He has the right to use the thing he owns, and he has the right to exploit it, and he also has the right to dispose of it. Protecting this right does not make it an absolute right that cannot be infringed, meaning that private property can be expropriated in some cases, in order to give priority to the public benefit of the group, including the case of “expropriation.” This is the process of expropriation. It is one of the serious restrictions affecting the ownership of individuals, which is why the national legislator gave importance to “judicial oversight” as a guarantee and means of controlling acts of expropriation through appealing expropriation decisions.

The interrupted marriage contract (temporary marriage) is one of the contracts approved by the Islamic Sharia, and its provisions and the effects that follow from it are clarified. However, the Iraqi law in its legislation for the provisions of personal status did not address it or its provisions, and it is possible to benefit from the use of the expressions found in its texts; To include the provisions of the interrupted marriage, and at the same time, the Iraqi judiciary went in many of its decisions by not recognizing it and making it one of the corrupt marriages, forgetting the role of Islamic law in its legislation and the statement of its provisions, and we see that the interrupted marriage if the provisions of the Iraqi Personal Status Law No. 188 of 1959 as amended are applied on him; We find its legal legitimacy, and leaves the issue of working with it in accordance with jurisprudential opinions and imitation, according to the freedom granted by the Constitution of the Republic of Iraq for the year 2005, which allowed the Iraqi people freedom of religion without restricting it, as the text was clear and explicit in Article 41 of it by saying: (Iraqis are free to abide their personal status according to their religions, sects, beliefs or choices).

Commercial transactions are characterized by speed in their conclusion, completion and implementation, and trade should be based on mutual trust between its parties, based on credit and trust between traders, and the person engages in the original business by nature for example Professionalism or habit, and to have the legal capacity necessary to professionalize business, and it is not enough to professionalize business alone to consider the person as a trader, but it is necessary to deal with these works in his name and on his own account.Business esplant ingestors must have the necessary the operator of the business must have commercial legal capacity, i.e. an adult (18) full years, and not be a full-year adult, and should not be He has been infected by a symptom of eligibility, such as insanity, dementia and dementia, and is not legally prohibited from doing business, except in the case of a minor who is 18 years old who is authorized to manage his money, he may acquire the status of a trader.In Title III of the Commercial Law, the legislator dealt with commercial papers in articles ( 39-185) in order to keep up with modern developments, and the laws have always singled out special provisions for commercial eligibility in the validity of the establishment of commercial papers, and conditions purely committed eligibility, and the implications of incapacity. Legal guarantees were granted for commercial papers, particularly in the future of maturity, and in taking commercial action in dispute resolution.

Administrative litigation is the means by which a lawsuit is submitted to the administrative judiciary, and it consists of a set of procedures that aim to resolve the dispute and apply the rule of law to it to protect the right. It is considered the most important topic of administrative judiciary, as the administration is a party to the dispute. However, the Iraqi legislator did not pay attention to administrative litigation and made the law The current Civil Procedures No. 83 of 1969, as amended, is the reference in this matter even before the administrative judiciary, because there is no law specific to administrative procedures. Administrative litigation is the effect resulting from filing a lawsuit, which focuses on the judicial claim and includes specific conditions that the opponents and the judge adhere to until the lawsuit is decided and expired with the issuance of the lawsuit. It is decided by the judge, which is the natural way to end the dispute between the administration and the individuals. However, the dispute may not proceed normally, but rather, symptoms occur that lead to its expiration. A procedural expiration does not end the dispute unless the case is prepared for adjudication, such as the ruling after jurisdiction of the case and the ruling not to accept the case. Nullification, as if the dispute did not occur, abandonment, the plaintiff’s waiver of the claimed right, and the plaintiff’s submission to the lawsuit by settlement, and extinction, may be either procedural or substantive, by which the dispute ends once and for all.