Journal of college of Law for Legal and Political Sciences

“In the name of Allah, Most Gracious, Most Merciful,” Peace upon the prophet Mohammad the guidance of humanity that said, “Assuredly, women are the twin halves of men," Sahih reported by Abu-Dawud (RA), which means indeed Women are sisters of men.
Women and women’s rights are vital subjects that most scholars are studied because the roles are directly affected individuals and society. If a woman does not play her role effectively, it is not only causing a problem for herself, also affected her family and society, and its sources to lag in the culture and intellectual of the society and affected the value of life.
This study discussed the problem and challenges that face women these days, somehow affected the women live in some places and times. It also makes a big obstacle for women to play their roles in their careers and participating the social, political, cultural, and economic activities.
women continued to be deprived of basic rights that Islamic law gave to them, in many different ways they have been oppressed with different excuses.
The significance of this study: It demonstrates that the violation and inequity that women faced nowadays are not because of Islam, it is because the people do not obligate to all the areas mentioned in the Islamic law or they misunderstand Quran verses and Hadiths regarding women. Moreover, it also because of some statute laws that found to protect women but caused to make challenges sometimes, and because of those people that lead to astray women by calling for freedom or providing equality between men and women or protecting women’s right, that overpassed those limit and community values that gave to them by Allah.
In this study, we attempt to providing secure ways to protect women and finding the best solutions for all the problems they may face in the view of Islamic law. However, we try to get an advantage from the Islamic sources, scholar's perspectives, and conferences and workshops that described the women's situation and providing solutions for their challenges.

The issue of genetic examination is one of the important issues that have been raised for research and study in Sharia and legal circles. Because it has a significant impact on the marital bond, especially with regard to genetic diseases that can be detected before or after the marriage contract, and the consequences of this examination related to the contract itself in terms of reversing its establishment if the genetic examination was before the contract, or dissolution of the contract if it is after its signature, whether before or after entering into it. In addition to the effects of the divorce or dissolution of the marriage contract, the subject of the research is a comparative legal jurisprudence study, as it deals with a contemporary issue related to personal status issues, in terms of considering the genetic disease that one of the spouses suffers as a defect that dissolves the marriage contract and its consequences related to some marital rights.

Drugs are a deadly weapon of enemies directed against the aspirations of peoples, including the Arab people, who stand against their aspirations to progress and build a social, cultural and scientific human being. The breakdown of the balance between the individual, his family and other communities. International law has taken care of drugs through a concerted international collective effort through cooperation between States to combat drugs. Many international conferences and conventions have been held to lay the foundations for cooperation, especially after the formation of the United Nations.

The Islamic Shariah has givenadequate attention to lineage and has establishedrules to protect and preserveitfrom corruption and vice. lineageis the fruit of a marriagebuilt on the bond of affection and compassion, It is one of the most important decades of human life. It is a consensualcontractbetween a man and a woman in law, It serves as a legal institution resulting in a contractframed by legal texts derivedmainlyfrom the Book of God and the Sunnah of His Messenger, mayGodblesshim and granthimpeace, as well as from the jurisprudence of gloriousIslamicjurists. If one of itspillars or conditions isdisturbed, the contractisdeemed incorrect. Consequently, proof of lineagemaybeaffected on the basis of this description, itisinevitable to refer to the sources and doctrines of Islamiclaw for comparison and to identify the shortcomings of Algerian and Moroccanlegislators.
So the formsthat arise: does the proof of lineagedifferbetween a validmarriage and an incorrect marriage in Algerian and Moroccan family laws?
Wethereforedivideourresearchintotwo sections, which are dealtwith in section I: proof of descent in a validmarriage, and section II: proof of descent in an incorrect marriage.

The process of legislative reform of the Iraqi parliament must start from addressing the defect in the organic aspect that contributes to the formation of the parliament, as well as the structural structure of the Iraqi parliament should be completed through the formation of the Federation Council, which the constitution considers the second detailed for the legislative authority, so we decided through this research to shed light on The most important gaps and deficiencies in the legal organization of the electoral system and determining the mechanism to address them, whether in the constitution or ordinary legislation, as we reviewed all the electoral laws and focused in particular on the recent electoral law No. (9) for the year 2020 as the current legislative framework for the electoral process for members of the Iraqi Council of Representatives, as we discussed The most important defects and the mechanism of addressing them in the Parties Law No. (36) of 2015, in addition to that, we showed the most important legislative challenges facing the formation of the Federation Council and the proposed hypotheses for its legislation for the purpose of completing the structural aspect of Parliament.

The problem of water dominance on the part of the upstream countries is one of the most important problems that the downstream countries suffer from and may lead to great confusion and major problems in international relations. Therefore, the issue of water cooperation between countries has been of great importance in maintaining international peace, and the Mekong River Commission has been one of the most important successful experiences in managing international rivers and has become a role model in the field of international water relations, although there is an urgent need for its development and regulation. The increasing global demand for water, which was accompanied by the negative effects of climate fluctuations as a result of global warming and increased drought and desertification, led to an increase in competition for water resources, and this was reflected in the method of cooperation between countries that share a transboundary river, which required the adoption of certain water policies that lead to the reduction of water resources. of conflict patterns. And the trend towards cooperation relations in the management of water resources, so this study examines how water management affects the patterns of conflict and cooperation in the field of international relations, through the Mekong River Commission, which is the ideal model in this field.

countries have paid careful attention to the regulation of special provisions relating thereto and appropriate guarantees are provided with investors in addition to granting all facilities to them in order to invest, including granting of a specific location of land to them so that they can start their investment project either through ownership or leasing or Musataha, and on this basis the Investment Act of Kurdistan Region of Iraq No. (4) of (2006) was enacted which provides investors with a number of guarantees, facilities and exemptions. However, it does not mention a number of important provisions including provisions of the lease contained in Chapter IV in Article (4/2) concerning the legal a, and devoted this chapter to allocate land through Musataha, leasing and ownership, but as it is known that the right to lease to the investor (lessee) differs from the tenant's right to hold the usual normal lease in different aspects.Thus, the researcher focuses on the adaptation of the right to lease established in the investment law, in order to eliminate the confusion and uncertainty about it and to clarify the strengths and weaknesses in the legal provisions specific to the regulation of the right to lease, however the Iraqi Civil Code No. (40) of (1951), as it is a source for all private laws. However, we do not find any provision regulating the issue of the long lease, it is a shortage of legislation that leave the door open to jurisprudence and the views of scholars and their arguments, and this is what we are trying hard to find a solution to the problem of our search by providing a legal provision (s) addressing the problem.

Artificial intelligence techniques have affected the authorities, methods and activities of the administration. The theory of the digital public facility has emerged, which reflects the management of the facility by modern digital means. To avoid the disadvantages caused by its traditional management, such as slow transactions, increased expenses and performance complexities. In addition to this is the digital administrative decision, which is the disclosure of a unilateral, binding will issued by a public administrative authority through electronic means and that has legal effects, and the digital document expressing the unilateral binding will of the administration with the intent of creating a legal effect, and in general; also, the digital administrative contract has appeared ... etc.
In conjunction with the development that included various aspects of legal life, the authority of administrative control has enjoyed its share of development, based on the importance of its extension into the digital reality, and its transfer to it as long as it constitutes a new home for individuals to converge through which they exercise their rights, freedoms and multiple activities that must be controlled wherever they exist and regardless of how to do it; In order to ensure that it does not have any negative impact on the public order as it represents the purpose of this authority, in addition to that, the legislator reveals the advanced truth by linking it between the organization of information activities and transactions and the creation of new public facilities that monitor and run them in order to achieve the process of controlling them, which puts us In front of a fundamental fact, which is that the development of individual activity is matched by an evolution in the performance of public utilities on the one hand, and the authority of administrative control on the other hand.

The impartiality of the arbitrator is one of the basic principles of litigation that must be adhered to by both the judge and the arbitrator. There can be no fair trial unless impartiality is available in them until justice is established. This principle requires the arbitrator to disclose any circumstances that might raise doubts about his impartiality and independence in the event of his agreement to carry out the arbitral mission. Also, impartiality is a psychological or mental issue that settles in himself and forms his idea of what is right or justice without inclination or whims, and since the matter is psychological, it is difficult to prove, and it rarely has material manifestations that refer to it. The impartiality of the judge is not impartiality, because it is a duty that is clearly established. Rather, this principle is a manifestation of the integrity of the judge, and one of its manifestations is the inadmissibility of combining the qualities of the opponent and the judge, and the inadmissibility of the judge’s judgment with his personal knowledge, and the judge’s bias means standing in line One of the two opponents and his preference over the other opponent, and this intersects with the principle of fairness and objectivity in equality between opponents. What guarantees the arbitrator’s impartiality is his disclosure of doubts about his impartiality in order to refute them, and that he be appointed by agreement or through some body, and that his wages are determined in a way that guarantees that impartiality as if the legislator stipulated it, and the arbitrator’s failure to be impartial leads to arranging penalties Certain ones, including his disqualification, the invalidity of his judgment, and the determination of his responsibility.

Women's political rights are controversial topics, especially in Arab countries that are new to democratic systems. Since Iraq comes at the forefront of these countries where the regime has adopted the parliamentarian after the radical political changes that pervaded the Iraqi state during the events of 2003, it was granted women political rights that were denied to them in different periods of government before that date. The 2005 Constitution established women's political rights in the text of Article (20) (men or women have the right to participate in public affairs and enjoy political rights, including the right to vote and be elected).
The importance of the topic is that the constitution did not only grant women their political rights but also guaranteed them these rights in a set of constitutional texts, the foremost of which is its requirement for the electoral law in Article (49/IV) (the electoral law aims to achieve a representation rate of women not less than a quarter of the number of members of the Council Deputies).
The role of the Federal Supreme Court in protecting these rights cannot be overlooked since the Federal Court, the Supreme Council, based on its terms of reference, has issued decisions on the legitimacy of the women's quota in previous sessions. For the Iraqi Council of Representatives elections and several important decisions to resolve differences regarding the membership of individuals in the Council of Representatives, Iraqi MPs, especially women's membership in the Council.

This research, as it appears from the title, deals with the privatization process as an effective variable in the economic field and its effects, especially the negative effects.
Today, privatization is seen as an essential component of economic growth and comprehensive development, thus achieving social justice, economic balance and prosperity.
It is also presented as the most important factor in confronting and combating corruption, and as a savior for the state from its many burdens, and as a respondent and responsive to all the requirements of our contemporary life, which is characterized by many and diverse needs, and its renewal day after day.
Rather than what was previously mentioned, its promoters and advocates claim that it is a dilemma of solving all economic problems facing states and human societies, such as poverty, unemployment, and inflation.... They also use it as a means of pressure in political and diplomatic relations, and as a prerequisite for financial and economic aid.
In his research, the researcher tries to shed light on the concept of privatization and how to apply it, then focus its negative effects, and the adverse results of what its advocates claim, in light of the general principles of Islamic economics, with the aim of laying hands on the negative effects that led to it, and consequently at least in our Islamic countries, Then reach reconciliation between the public and private sectors and deal with them correctly, and then enjoy their positives, and stay away from their negatives.
It also aims through which the researcher will have a role in presenting the principles that characterize the Islamic economic system, components and characteristics for building rational societies and countries.

The research dealt with an analytical study on the comprehensive inclusion of persons with disabilities and special needs under the law "Caring for Persons with Disabilities and Special Needs No. (38) of 2013" and Islamic Sharia.
Since people with disabilities and special needs face difficulties in various areas of life, the research reviewed the most important of these difficulties and their solutions under the Law on the Care of Persons with Disabilities and Special Needs in order to integrate them into society and enjoy their rights. Equality in the light of Sharia texts, the laws of the Islamic state and the Prophet’s Sunnah In the study, the researchers showed the most important treatment methods for integrating this segment into society, practicing their activities and interests, and changing society’s view of them.

For you to run your business, provided you do your skin, provided you do your skin condition you make that decision. The illegal international administrative case is the focus of the case before the international administrative judiciary, and the question arises about the mechanism of judicial appeal, the new internal facility of the United Nations? Which has introduced new elements to ensure the efficiency of employee dispute resolution procedures, including administrative evaluation, as well as personnel departments, offices of internal oversight services and legal affairs offices. Concluding with the United Nations Court of Appeal, the question arises about the importance of the international judiciary represented by the new internal justice system of the United Nations and its effectiveness in resolving international functional disputes. These questions we will answer in the body of the research that we decided to divide Into two sections, the first is devoted to the importance of judicial oversight and the second, to indicate the authority competent to consider the judicial appeal of the illegal international administrative decision, so it is divided into two demands, the first for the oversight of the United Nations Dispute Tribunal and the second for the oversight of the United Nations Appeals Court, followed by a conclusion that includes the findings and recommendations we reached. And God is the best

This study deals with the subject of (awagf sukuk and their economic effects on the Islamic economy). It aims to identify the concept and truth of endowment sukuk show their legitimacy in the Islamic economy, highlight their importance and types, and their most important economic effects, as they represent part of social instruments that contribute to achieving social integration in society and achieve the economic development of the state, by moving the economy to benefit the nation in its present and future, and meet the basic needs of society. Through the great role played by these instruments in financing and investment. It is one of the most important and prominent modern financing tools that achieve this through their contribution to the collection of donated funds from Before members of society, and investing it in one of the forms of investment that conforms to the provisions of Islamic Sharia, and then spending its revenues in the faces of righteousness and goodness in all sectors and different charitable fields in society, to help and subsidize its members and different categories, and thus achieve meeting its needs, especially in light of the changes, circumstances, problems and crises In order to reach this goal, this study concluded with the importance of the role of endowment sukuk in society due to the important economic implications of their application, and the importance of its role in reactivating the important historical role of the Islamic Waqf, in light of the provisions of Islamic Sharia and the rules of the Islamic economy, and in light of the rapid developments.

The resort to commercial arbitration stems originally from the parties’ freedom to resort to this method away from the judiciary, and therefore it is an optional judiciary and the consequent regulation of procedures and the voluntary submission of the disputing parties to that matter.
However, the existence of some matters when the arbitral procedures are conducted before the arbitral tribunal and the emergence of cases that depart from the usual and legal context in the view of the dispute, as in the fraud issued by one of the parties or the presence of falsification of some documents is discovered after the issuance of the arbitral award and the end of the dispute and the demise of the arbitrator’s authority in this regard and possession of a judgment The final arbitration, which decides the issue of the dispute, is the validity of the res judicata, so what is the solution here????
Therefore, important basic guarantees were found to protect the stakeholders from such acts through the existence of a means stipulated by the various legislations in the field of commercial arbitration, as well as the rules of international arbitration, which is the invalidation of the arbitration award according to certain reasons, especially for that.
These various legal texts have unanimously agreed on this nullification as a basic means, given that arbitration rulings cannot be appealed, just like the methods of appeal in ordinary court rulings, whether using ordinary or extraordinary methods of appeal.
However, we find that there are countries that have permitted the arbitral retrial in the event of fraud and forgery, based on cases of retrial in the ordinary judiciary, as there is a participation in the reasons for retrial, such as fraud, forgery and others. Indeed, the arbitration legislation in France and Lebanon stipulated that and in special cases, however, we find that this matter will hinder Commercial arbitration is very common at the local or international level and opens the door widely to complexity and delay in the stability of the legal centers of the parties to the conflict, knowing that trade and investment disputes are based on speed and confidentiality when settling their disputes. And to stay away from any procedural complications that may stand in the way of resolving commercial disputes.

The tax is a financial deduction associated with the authority of the state, as it is one of the aspects of its national sovereignty and internal jurisdiction, for which the law is the means of dealing with it, which makes it entrenched in considerations of sovereignty and internal jurisdiction that is prohibited from interference by other non-national forces, but the industrial and technological development that has brought distances closer and intensified international relations has It greatly affected the previous view of taxation and reduced its national content, especially in the field of political, security and economic relations between states. The international influence in those jurisdictions led to restricting the authority of the state in its tax dealings within the scope of those jurisdictions, due to the overlapping of taxes in various forms of international transactions, which led to the reduction of jurisdiction. National taxation in favor of international jurisdiction.

"Planeol" collected many legal rules in the form of a theory known after it witnessed a continuous development as the "general theory of the contract", which was based on principles ~ considered sacred and untouchable at that time, as is the case with the principle of the authority of the will, and the contract is a law Contracting parties, contract freedom, and other principles that are described as fixed, except in light of new data, the entry of technology into the world of law, and the emergence of new legislation that can regulate the “contract” outside the framework of the provisions of the general theory of contract, such as private laws, until those ancient principles began In decline, it is very important that these principles undergo development, in order to maintain their survival and their place in the general theory of the contract.

The trend towards the use of modern techniques of artificial intelligence and cyber security caused the technological change to create a new international division of labor, the most important input in change of the international structure. As such the technological development that has occurred in the different fields of life has had an impact on the content of the national security of countries and has become a basic criterion for maintaining their security and existence. Therefore, the technological development that has occurred in the various fields of life has had an impact on the content of the national security of countries and has become a basic criterion for maintaining their security and existence.

what happened in wars and human violations has become a threat to international peace and security. This development has been accompanied by a new trend that sees the human being at the center of legal legislation, and the charters of military courts and the United Nations and the draft crimes against human peace and security emphasized the criminal responsibility of natural persons. With regard to the individual international criminal responsibility for digital espionage, there are no clear rules in this regard and at the level of information crime in general, as the field of individual international criminal responsibility for information crimes is still very poor, and the responsibility for this crime is only at the level of the national judiciary, but that A part of the jurisprudence believes that it is possible to expand the concept of the Rome Statute to include these crimes, especially if they were of a kinetic nature, for example, that digital espionage resulted in the theft of secret passwords or codes for launching missiles or destroying a power station or the like of protected objects .In terms of the personal scope, the crimes that fall within the jurisdiction of the Court, particularly the war crime and the crime of aggression, can be adapted to the nature of digital espionage. Therefore, paragraph 4 of point 2-a of Article 8 of the Charter, which referred to the war crime, can be adapted to digital espionage. Where she pointed out, "the widespread destruction and seizure of property without a military necessity justifying this, and in violation of the law and in a frivolous manner", as digital espionage can cause great damage to property and control it by penetrating the information system that manages these properties, which could potentially Be property of civilian objects.
As for the crime of aggression, the text of Article (8) bis states that aggression is a threat to the political independence of the state or its territorial integrity, and digital espionage, especially the consequences and damages that it entails, constitutes a clear threat to its international, regional and political security, especially if it results in targeted killings - or damage to the interests of states. As for the personal scope of the international criminal responsibility for digital espionage and who bears the international criminal responsibility within the scope of the statute of the International Criminal Court for this crime, where the charter specified a number of criteria on the basis of which international responsibility is determined. As for digital espionage, the personal scope is determined by the military commander. The one who orders the spying, the fighter who performs the mission, as well as the programmer who launches the spyware.

The system of international responsibility arises when illegal international action is committed. Since terrorist acts are transnational, the perpetrators are of (different nationalities), and the location, where these acts are committed, is not determined in a particular regional environment (several states), so the (system of responsibility) is the ruler in all terrorist acts. Therefore, there are national legal mechanisms (under national law) and international ones (under the rules of international law), besides the legal rules relating to the universal jurisdiction to trigger this responsibility that should be activated regardless of where (the crime) is committed and what the nationalities of the perpetrators are, if the perpetrator is within the territorial jurisdiction of any state, whether the perpetrators are states, individuals or non-state entities.

Wars and armed conflict have been considered a part of humans’ life over decades. The impact of wars armed conflict on civilians are tragic in terms of threating their life and rights, however; the impact of such a growing threat is greater when it comes to the children due to their younger ages and impairment of their bodily structure. Death, orphanhood, physical injury, displacement, the lack of health care are the examples of the threats that children may face during wars and armed conflict. As a result, it is likely that children may become a subject of different types of exploitation during wars and armed conflict such as forced labor, recruitment, sexual abuse, slavery etc.
Having said above, the international community have paid more attention to this issue by drafting and reaching to many treaties and protocols that forbidden the exploitation of children during wars and armed conflicts. However, it is argued that the advancement in weapons and methods of warfare such as cyberwar and wars against terrorism have weakened the protection of children. Consequently, the question will be raised about the responsibility that should be taken for such a type of children exploitation.

Speed bumps are a method used by the administration to limit the speed of vehicles; for protecting citizens, especially in densely populated areas, and a certain administrative authority specializes in placing them on the roads according to engineering specifications and conditions. However, despite the importance of these bumps in protecting the lives of citizens, they are not without danger; Especially when the specifications and conditions are not observed when setting them, or when citizens set them without obtaining the fundamental approvals in that, and then the damages of these pitfalls become more than their benefits, and the responsibility of the wrongdoer arises for the damages he caused to others as a result of his mistake, and the nature of this responsibility varies according to the party who She placed these bumps, and they generate traces that are borne by the party who placed them.

The research focuses on the international conflict on Ukraine and its strategic and legal visions about it. It shows the causes and consequences of the Russian-Ukrainian war, which are explained by two visions, the first being strategic and the second legal. The second is practical: the world is witnessing a global geopolitical and geostrategic change due to the collision of major international strategies, and proving that international laws do not apply to major countries. The problem is that researchers and thinkers are divided into two groups: The first: He attributes the international conflict causes to Russia and holds it international responsibility for its violation of international laws to achieve its strategic interests, and the second attributes it to the United States of America and holds it international responsibility. The international agreement on Ukraine shows a violation of Ukraine’s sovereignty by Russia, and a violation of Ukraine’s sovereignty by the US Refuse to form its government, move its demographic components, and provide logistical support to it against Russia. The Russian strategy prevents the geopolitical approach to its encirclement by direct intervention, and the American strategy employs the demographic variable to penetrate the geopolitical cordon by indirect intervention. The research aims to demonstrate the strategic and legal natures of the international conflict. The Russian-American-European crisis on Ukraine, and its effects on international peace and security, and the research process was divided into two interlocutors, in addition to the introduction that presents an overview of the conflict and the basic axioms of the research, and the conclusion and its results, as follows: The first axis: strategic visions of the international conflict over Ukraine, and the second axis: the role of international laws in the international conflict over Ukraine, which led to the major powers being constrained by their strategy and not constrained by international law.

In some cases, the insurance contract for damages ends with the disappearance of the insured risk, which leads to the emergence of a legal situation that requires studying to find out its various aspects, since the relevant laws have not resolved the matter in a way that removes the problems arising from it, leaving the diligence in it to jurisprudence and the judiciary, which led to the complexity of the matter and the emergence of different opinions sometimes. To clarify the matter, the meaning of the disappearance of danger and the reason for the difference between Iraqi and Egyptian jurisprudence in the same matter was analyzed. Because the demise of the danger in its apparent meaning is embodied in the disappearance of the danger, or the absence of its effect on the thing insured from it. As for the Egyptian jurisprudence, it considers that the total loss of the insured thing in the property insurance is the demise of the risk, and then the termination of the insurance contract, and thus the demise of the risk is final. By agreement of the parties or for technical reasons beyond the control of the parties. The highlighting of the phrase “the disappearance of the danger that appeared to exist” in the Iraqi jurisprudence, but its origin goes back to the Iraqi civil law, while the Egyptian civil law did not contain anything referring to this phrase. The demise of the risk is in fact the opposite of the aggravation of the risk, which raises the risk probability, such as the exposure of the insured thing to new risks, which increases the burdens of the insurance companies. And that the period for hearing claims arising from the insurance contract for damages should be reduced as much as possible, and as a result we see that this period does not exceed in all cases one year, since the nature of this contract requires speed and credit in its liquidation, because it is mostly related to commercial matters, as this period is three years in Iraqi and Egyptian civil law, and two years in French civil law. It is advisable for the Iraqi judiciary to follow the example of the Egyptian judiciary in its rulings related to amending the statute of limitations period if this is in the interest of the believer or his trustee in order to get out of the differences. In addition to focusing on the exceptions mentioned in the articles related to the amendment of the statute of limitations by the Iraqi and Egyptian legislation and clarifying them with legal articles to help remove the conflict in their interpretation. As for stopping the prescription and its interruption, it is in certain cases, and the special statute of limitations for the insurance contract for damages “in principle, starts from the time when the incident occurred, and the statute of limitations stops whenever there is an impediment that prevents the creditor from claiming his right.”

The digital drug is manifested in musical sound clips that give the user a feeling of relaxation and ecstasy, through a reflection in the sound waves entering and leaving the brain, so that the brain tries hard to unite the two frequencies in the right and left ear to obtain one level of the two sounds, which leaves the brain in an unstable state at the level of The electrical signals it sends Hence, the promoters of such drugs choose the type of drug that the brain needs, and by studying the state of the brain and the nature of the electrical signals that are issued by it after taking a specific type of drug, the desired state of euphoria can be determined, as each type of digital drug can target a specific type of brain activity. For example, when hearing the frequencies of cocaine for calculated minutes, this will prompt the brain to be stimulated in a manner similar to the image that is stimulated after taking this drug in a realistic way.

Arbitration is one of the most effective consensual means alternative to judicial means of settling commercial disputes, because it guarantees the litigants to assign the task of adjudicating the dispute between them to the arbitrators away from the judiciary of the state. Arbitration is also a basic guarantee for international companies and foreign investors, due to its speed in issuing a judgment, economy in expenditures, and confidentiality in procedures. Therefore, countries and international organizations have carefully organized it by international conventions, or through national legislation.
Despite the advantages that arbitration enjoys, it is of no value unless its ruling takes its implementation. The arbitration ruling faces some problems for countries that do not recognize it, or that refrain from implementing foreign arbitration rulings because there is no national law regulating it, which leads This leads to the disruption of international trade transactions, so the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York of 1958) came to address this problem, to which Iraq only recently joined by Law No. (14) of 2021, and was preceded by the Omani legislator by joining Royal Decree No. 36 of 1998 .

The Algerian legislator fend off discrimination offenses through Penal Code No. 14-01, but reconsidered them via his legislative movement of 2020 with Law N. 20-05 concerning the prevention and control of discrimination and hate speech by adding the term hate speech and criminalizing it for the first time in contrast to discrimination offenses. Which were dealt with by the above mentioned Penal Code, and this is due to developments that emerged on the scene that made the legislator change the general provisions and single them out with a special text.
The concentration on the Law 20-05 will find that it is based on two aspects: the preventive aspect of discrimination offenses and hate speech, and the deterrent aspect represented in combating them if committed. With other terms that fall into the same circle of criminalization and the most important distinguishing features of it and the limits of criminalization and permissibility, as well as the punitive and criminal policy.
Through the above, the main problem that arises in this regard is: How did the Algerian penal legislature deals with the discrimination offenses and hate speech through Law 20-05 in order to achieve an integrated penal system to combat them?
In order to get an answer to the main problem, we decided to divide our study into two axes:
The first axis: the conceptual framework for discrimination crimes and hate speech.
The second axis: the legal structure of discrimination crimes and hate speech.

Undoubtedly, the Islamic world suffers from a crisis that has brought the nation to the state it has reached, which has created the atmosphere for thinkers and scholars for renewal and refining in thought and approach, in order to reformulate religious ideas to conform to the needs of the times and the requirements of man in the Islamic world in a manner that does not violate faith. He is away from Islamic jurisprudence, so many contemporary thinkers have emerged who have enriched the Islamic intellectual arena with their visions and ideas that contributed to building a renewal system that suits the contemporary Islamic reality, and among these Islamic thinker Muhammad Al-Masteri.
It seems that the problematic of the question of renewal, and how to modernize in the Islamic world, occupies the minds and attracts the pens of thinkers. A knowledge architecture has arisen around this problem, inaugurated by theorists, scholars and analysts, who have created theories, established schools, and established methods for consideration and analysis, and they are still creating, adding, accumulating, enriching. and in depth, or criticism and deconstruction. The thinker and researcher Muhammad Al-Masteriis one of those theorists in contemporary Arab thought, with a position and a vision about renewal, its approach and its premises.
Muhammad Al-Masteriproceeds from the hypothesis that the essence of the defect in contemporary Islamic thought is his lack of a holistic vision that gives him the ability to perceive contemporary problems in their complex, overlapping and flowing face in the history of Muslims, indicating that renewal is a condition of the life, vitality and creativity of Islamic thought.

This study aims to explain the rights of the disabilities people in the Sunnah, as God created all creatures, and succeeded in designing and engineering them, including humans being, in whole or in part, and this does not necessarily mean separating them and excluding them from society because of their disability, but one of the important criteria for the progress of societies and countries is to take in this perspective the study came to explain how to deal with this suffering class Explaining the concerns of the Prophet, peace be upon him, and dealing with them in the Sunnah. These two researchers relied on inductive and analytical methods, in which the research attempts to trace the hadiths of the Prophet and analyze the texts; In order to entrench the rights of persons with disabilities in the light of the tradition of honor. At the end of the study, the researchers produced several conclusions, most notably: people with special needs in Europe have suffered greatly from all forms of violence from isolation, abuse and neglect. While Islam paid great attention to all sections of society and Muslims liked to take full care of the weak and those with special needs.

Today, sport is an important phenomenon in our society and has a distinct position at all levels, as sports professionalism is a subject of contract, and for this reason sports professional contracts appeared that regulate the relationship between the athlete and the club to which he belongs. Sports and the law, and therefore the system of sports professionalism is the result of several repercussions resulting from the development of the concept of sports throughout history. The professional contract enjoys privacy in terms of litigation, as disputes arising from it are subject to special judicial bodies, whose task is limited to settling all sports disputes.

Ukraine gained independence from the Soviet Union in 1991, and remained attached to Russia in the CIS, which is made up of a Ukrainian majority and a Russian minority. The Russian minority is concentrated in the east and the Crimea. Since 2014, the signs of conflict between Russia and Ukraine began after Russia took control of the Crimea region and annexed it to the Russian Federation. There have also been repeated acts of violence and multiple racist violations against the Russian minority in eastern Ukraine, which prompted the leaders of this region to announce the establishment and formation of the Donetsk People’s Republic and the Luhansk Republic. Popularity on the border with Russia in 2014 under the guise of support from the mother state of the Russian Federation. The internal war between the Ukrainian army and the separatist forces continued, which increased tension between the two sides, which ended with the outbreak of the Russian war against Ukraine on November 24, 2022. The research sheds light on the role of the United Nations as one of the main tools in the international legal organization entrusted with the task of maintaining international peace and security in the international community, in the Russian-Ukrainian conflict, including the efforts of the Security Council, the General Assembly, and the judicial body represented by the International Court of Justice.

The administration, as a public authority, enjoys many privileges that make it always in a stronger position than the individual, and these privileges may constitute a manifestation of an imbalance between the administration and the litigant. Between the administration and the litigant in the field of proving the administrative case, as well as in the field of implementing judicial judgments and decisions. Although the implementation of judicial judgments is one of the duties of the administration and is supposed to be implemented voluntarily without hesitation or delay, the administration may not perform this duty in all cases, which exposes the litigant For problems in obtaining his rights, what is the role of the administrative judge to reduce the imbalance between the administration and the litigant? How can he intervene? What are the powers granted to him in order to restore balance between the two parties to the case?

Food security is an important and effective part in achieving the national security of the state, and it is powerful in building the state. Vulnerable to instability, food security aims to increase the capabilities of competition and production in order to reach self-sufficiency in obtaining and consuming food, because the deficit in food production and the inability to cover the population’s consumption needs and the low level of food self-sufficiency are among the most important manifestations of food insecurity accordingly.
it is necessary to define the concept of food security and explain its importance to the state and citizens, and to indicate the most important factors affecting it, which, if achieved, lead to the occurrence of economic, social and political problems in society and lead to an imbalance in the public order.
It must also be clarified what are the means that can be resorted to by the administrative control authorities in protecting food security, which may be legal means such as organizational administrative decisions and individual administrative decisions, and they may be deterrent means in which the administrative control authorities resort to the use of force and coercion to preserve the higher interests of society The problem of the research lies in showing the extent to which the ordinary or subsidiary legislation or the control measures practiced by the administration are able to maintain and maintain food security.
Based on the foregoing, we decided to research this vital and important topic by dividing it into two sections. In the first section, we dealt with the concept of food security, its importance and the factors affecting it. The second topic was devoted to studying the means of the administrative control authority in protecting food security.

One of the widespread transactions between people in farmers' mortgages, where a number of farmers borrow money for their agricultural land, The borrower plants this land in return or free of charge, and the research has dealt with the jurisprudence of this widespread transaction, Then describe the jurisprudence to it, and whether or not it applies to the conditions for the mortgage's usufruct, The research was entitled "The mortgage of farmers and its provisions in Islamic jurisprudence is a comparative study of doctrine"

The world witnessed the end of the last century, and the current one is a regular and irregular migration of many individuals, as a result of wars and internal conflicts of countries, as well as the deterioration of economic and social conditions, but among the most prominent of these migrations we find the migration of scientific competencies, with different qualifications, competencies and scientific capabilities, and thus the brain drain became a phenomenon It has attracted the attention of public opinion and the international community because of its impact on states in general, and on individuals in particular.
Although migration has multiple risks, which have a significant impact on the development of countries; however, the receiving countries have made this a turning point; it sought to integrate them into its societies in order to achieve its goals and interests, especially in sensitive sectors.

Our study seeks to shed light on the effectiveness of the tax administrative grievance in settling disputes in the tax field, which is in its infancy and before its development and taking its way to the appellate committees or the judiciary. One of the administrative decisions that can play an important and significant role and in a way that reduces the resort to the judiciary. The administrative grievance is one of the administrative decisions issued by the competent authority regarding determining the amount of tax due and which the taxpayer is obligated to pay. It is one of the most important guarantees that we give to the taxpayer. Fast, easy and saves time, effort and money, What distinguishes its role also is that it may lead to results that cannot be reached if I want to resort to the competent authorities to resolve the dispute or the judiciary. This is because judicial oversight on the work of the administration is legal oversight in most cases. As for the administration, it can cancel the decision or modify it, which is that I did so, not on the basis that the decision is illegal, as it is sufficient that it is inappropriate.
However, the administration eliminates itself and may sometimes abuse its authority for this. Despite the many advantages that the tax administrative complaint achieves for the taxpayer, it may not be enough to remove the unfairness and injustice that may befall the taxpayer. Therefore, there must be another way to challenge the administrative decision, which is judicial oversight. which gives the taxpayer an effective and effective guarantee in obtaining his right and repelling injustice from him. The judicial appeal is important in addition to the administrative appeal, Therefore, through all of the foregoing, we decided to divide our research into two sections, dealing in the first with the nature of administrative grievance, as we explained in it the definition of grievance, linguistically and idiomatically, and the types of grievance and distinguishing it from suspected situations. Then we summarized our research with a conclusion in which we explained the most important conclusions and included the recommendations that God has guided us to..

A large number of companions, renowned for science, jurisprudence and fiction, emerged. Their traces were a luxurious and Zahhi inheritance, and their jurisprudence is the basis for the jurisprudence of others, because they took it directly from him. - Pray God upon him - without medium, especially adult successors of them, Because they are closer to him as a stature and an ability and syndrome, among these good flags is the successor Rushd Osman Ben Afan who has broad opinions and jurisprudence, Which Ibn Al-Qaims mentioned among the two averages of companions in the fatwa And since Friday is a great day, which has something to do with Islam. and Friday prayers of Islam, characterized by special provisions s Republic of Korea ", influenced the recognition of its provisions by the Galilee Sahabi Osman Ben Afan, It merged the blessed day with the martyred journalist, gathering his jurisprudence on Friday, although there is a matter of contemporary jurisprudence associated with Osman's narratives - God pleased with him - I took it out to say, and I gave his opinion on it, so that I merged the old and the modern.

Praise be to Allah, the Lord of the Worlds, the Creator of the universe and creator of all creation, and I pray and greet the Prophet, the Truthful Promise, the Trustworthy, after that, In this research, we highlight an issue of great importance, talking about the punishment to show its linguistic and legal reality, and link it to its contemporary reality and the challenges entrusted to it, especially after the absence of the Islamic caliphate and the emergence of the groups that strive to implement the Islamic law, so they deviated from the correctness in limiting Islamic legislation to punishments only. Therefore, this research highlights the intent of punishment and the meaning of groups, then, the statement of the Sharia approach to fight the crime before it occurs, and then talking about the logic of Sharia and its philosophy in approving the punishment, then talking about who is authorized to impose the punishment and how many of groups are departed from the philosophy of Sharia in it. Then, the research ended with the statement of the legitimate purposes of approving and legislating the penalty, reaching to the most important results and recommendations including: Punishment is judicial in Islam, so it is issued through the Imam or his representative, and no group has the right to establish the borders. Therefore, the study recommends to study all the conditions and controls that limit crime and achieve justice.

With the emergence of the Internet and the development of means of communication, the percentage of users of social networking sites has increased, and accordingly a new method of begging has emerged, known as the phenomenon of electronic beggary, which is an electronic copy of the phenomenon of traditional beggary common in roads and streets, but this method differs from the traditional phenomenon in that its owner is a beggar. Anonymous, begging people by posting to specific sites on the Internet.
The results of the research concluded that electronic beggary has negative effects on the national economy, and on society in general, as it weakens confidence in the real needy, reduces social solidarity, and among the most prominent negative economic effects is the creation of idle elements that are unemployed and the lack of the beggar’s contribution to the gross domestic product. A burden on society and helps increase crime rates and hinders economic growth, and one of the most prominent recommendations of the study was to build real projects for beggars that guarantee them a decent life, encourage education, and support those who want to solve the problem of dropping out of it, with the need to put in place deterrent legal legislation to punish the begging mafia or any person It organizes groups to beg, exploiting children and the elderly due to their weakness and need.

Incubation is one of the important means of preserving the child and carrying out his affairs by the custodian, who is qualified for this task. However, assigning custody to the person who is most qualified and able to carry out his obligations under the custody of the child is one of the most difficult issues, and becomes more complicated in the case of a mixed marriage, as the differences between spouses affect the The relationship of each of them with the child, and to study this problem and the problems that custody raises in the field of private international law on the legal status of women, the Iraqi legislator has established a rule of attribution regarding custody, and by extrapolating this rule, we find that the legislator did not take into account the status of women, so it is necessary to establish rules It strengthens the status of women and takes into account their existence in two respects, in terms of motherhood and in terms of being a living being that has rights as men have rights. It must be said that most studies within the framework of private international law focused on the applicable law and its problematic limitation on the interests of the child, without paying tangible attention to the status of women. In the matter of custody.

The content of the contract is determined according to the new amendment to the French Civil Code No. 131-2016 with the provisions of the law, the terms of the contract and the requirements of the contract. The requirements of the contract mean the ancillary obligations (contract rights) that the judge adds in the process of supplementing the deficiency in the contract to implement the original effect of the contract (the contract ruling) in accordance with the peremptory rules, peremptory provisions, custom or justice. The French legislator was influenced by Islamic jurisprudence in its regulation of contract requirements, depriving to some extent of the judge’s discretionary authority with regard to adding an obligation to what is considered to be contract requirements, taking into account the sequence contained in Article (1198) of the French Civil Code, unlike the Iraqi legislator who expanded the judge’s authority in that matter, It became clear the superiority of Islamic jurisprudence over the law in terms of distinguishing between the original effect of the contract and its consequential effect, unlike the Iraqi legislator, who got confused between the two issues. In his new amendment, the French legislator avoided this confusion. Accordingly, we reached several conclusions, including the accuracy of Islamic jurisprudence in choosing the interests and organizing the provisions of the requirements of the contract in a manner that serves justice, unlike the law, which has not yet been able to reach the high legislative level that Islamic jurisprudence has reached. As a result, we proposed to the Iraqi legislator to amend paragraph 2 of Article (150) and canceling the consent of the contract requirements due to the nature of the obligation because it is self-evident.

Legislative development in the Arab world has not resulted in the formulation of tight legal texts that adequately respond to real societal needs and provide a coherent reference for public intervention. Part of this shortcoming is related to the circumstances of the emergence of contemporary Arab legislation, which was the product of a “forced birth” that created a clear gap between historical and social assets and “imported” requirements that were not adequately prepared, in addition to other factors of a political and technical nature. Despite the differences in legislative experiences among Arab countries, they are mostly penetrated by the same shortcomings. This study addresses the problem of the effectiveness of Arab legislation and its inability to regulate social relations, and to keep pace with transformations in light of its continuous neutrality from the essential pillars of legislative action such as justice, impartiality, objectivity and effectiveness. , while proposing the required amendments to make the outputs of the legislative process more disciplined to the standards of good governance and more closely related to its social roots.

This piece of research is concerned with studying the the extent to which the criteria or standards determining the location of the formation of the international electronic contract according to Iraqi law of electronic signature and electronic bargains No. 78 of 2012 are compatible with the theory of the characteristic performance in the private international law . it is to be noted that this theory is based upon the objective localisation of the contractual relation to determine the applicable law on international contracts , in the field of private international relations . the theory assigns a connecting factor to each category of contracts in keeping with its predetermined legal nature . and subjects the contract to the law of the place where the characteristic performance of the contractual relation is concentrated or localised. In other words it assists the process of the individualization of contracts according to the importance of the fundamental obligation of the contract. And this law provides for three different criteria each of which is an appropriate connecting factor of the characteristic performance.

Many tax legislations have taken the criterion of domicile and territoriality – domicile – as a basis for imposing the tax, but the basis for applying this criterion differs from one state to another, as some states – for the purpose of imposing tax on industrial and commercial profits, require practicing the activity within their geographical territory. It is sufficient by itself to impose tax on industrial and commercial profits as soon as the taxpayer engages in a commercial or industrial activity within the territory of a particular country, even if he does not have a permanent establishment in it. Profits are not made through this stable institution, so tax is not imposed, and because of the importance of this topic, it necessitated talking about the criterion of the territoriality of the activity and its evaluation, the determination of this activity in the comparative law, the determination of this criterion in the Iraqi law, and the rooting of this issue is very important if it is the basis for tax exemption or the binding assignment of companies and institutions the other. Accordingly, there is no escape from tax agreements between countries in order to eliminate double taxation and tax fraud through the exchange of information between countries through their tax administrations. For all of this, it was required that tax exemptions be consistent with international agreements, but within limits that do not lead to harming the state’s treasury on the one hand, and effective in attracting foreign capital into the country because of its benefits that reflect positively on the national economy on the other hand.

The article (1266/2) of the Iraqi Civil Code stipulates that ((the right of Musataha must be registered in the Real Estate Registration Department)), but the aforementioned article did not state whether the registration is to be held? or for proof? What is the penalty for not registering a Musataha right in the Real Estate Registration Department? Proceeding from the provision of this aforementioned article, the Iraqi and Kurdistan courts hesitated in their decisions regarding the effect of not registering the Musataha contract in the competent real estate registration department. The obligation to register the Musataha right is for documentation and not for a meeting. Therefore, this research aims to shed light on the hesitation of the Iraqi and Kurdistan judiciary in this matter and its division on two opinions, the arguments on which each opinion was based, and the reason behind its lack of consistency on a particular position, by presenting and analyzing a set of decisions of the Iraqi Court of Cassation and the Court of Cassation of the Kurdistan Region - Iraq And expressing our opinion on the subject of the research in terms of giving preference to one of the two opinions over the other with sound legal arguments, leading to the suggestion of legal texts to solve the problem of the topic of research, all based on the analytical approach to the texts of the relevant laws, and the critical approach to judicial decisions issued regarding the formality of the Musataha contract in Iraqi law . We have reached within the research that the most correct opinion is to consider the Musataha registration for the meeting based on the justifications we presented and in the light of which we proposed to the Iraqi legislator to amend the text of Article (1266/2) of the Iraqi Civil Code to address the problem of research.

Marriage is the first building block for the foundation of the family, and the most important step for building society, so religions, philosophies and man-made legislations took care of it. However, marriage in Islam occupies a distinguished position, for its foundation, stability, permanence and survival. This research comes to address an important issue of the foundation of marriage, namely: guardianship in marriage. The importance of this topic comes from the fact that guardianship is one of the conditions for the validity of marriage in Islamic jurisprudence (the majority except the Hanafis). This is because the wisdom of guardianship over women is to take care of the woman and investigate the truth and morals of the suitor. Although guardianship in the jurisprudential heritage is for males, and is monopolized by males, Law No. (15) of 2008 Law Implementing the Amendment of the Amended Iraqi Personal Status Law in the Kurdistan Region of Iraq added Paragraph 3 to Article Three and stipulated that: “The mother is considered a guardian, if the father was dead or absent and she was in custody.” Hence, the research sought to clarify the concept of guardianship in marriage and its arrangement in the jurisprudential heritage, then, dealt with the issue of the mother’s guardianship in marriage in the mentioned law, analysis and evaluation. Eventually, came to the conclusion that this issue is controversial and the opinion that saying the mother does not have the right of guardianship over her daughter in marriage is preferable because the evidence and explanations of this trend are logical and valid, and it is in the interest of family cohesion and the stability of society.