AL-ANBAR University Journal of Law and Political Sciences

This article delves into the pressing need for reform within the civil liability system in Iraqi law. The existing rules, crafted in 1951, no longer align with the demands of our modern era. These outdated regulations must adapt to the prevailing technical and economic realities, mirroring the evolution of advanced liability systems worldwide.

The study advocates a comprehensive reform initiative, urging the Iraqi legislature to take heed of its recommendations. It focuses on the challenges to the identity and function of civil responsibility in the face of contemporary changes. In terms of identity, it calls for a clear distinction between civil liability and contractual guarantees. Functionally, the research suggests harmonizing the roles of compensatory and social civil responsibility, viewing civil liability as a key tool for societal behavior regulation.

Furthermore, the article underscores the importance of technical organization, emphasizing the need for revising and categorizing texts related to civil liability to reflect the redefined identity and function.

The lease contract is one of the most important contracts related to the usufruct, and its importance comes from the widespread use of it in daily life, and contemporary legislation when it gives it exceptional importance. This is due to its attachment either to the place where the tenant performs his usual work, or to a place where he usually lives. In both cases, the regulation of this contract affects the interests of a wide segment of individuals, and lease contracts were subject - in our case in Iraq - to the provisions of Islamic jurisprudence, specifically the Code of Judicial Rulings during the time of the Ottoman Empire. According to the doctrine of Imam Abu Hanifa Al-Numan, then the Iraqi Civil Law No. (40) of 1951 (amended) codified the provisions of renting the property, specifying the obligations of the opposing parties to the contract, establishing their commitment to the period specified within the terms of the contract, and estimating the stability of the consideration as agreed upon, This remained so, until the Real Estate Rental Law No. (67) of 1973 entered into force, removing rented properties from the scope of civil law, regulating their provisions individually, under an argument that was put forward at that time and has continued until today, revolving around the protection of the tenant towards the lessor (landlord). The latter was forced to commit to what he had not committed himself to, in terms of extending the lease forever, indefinitely, and in terms of the stability of the amount of the compensation agreed upon initially, regardless of the change in economic circumstances. Then the legislator tried to make up for what he had missed, with an amendment he introduced to the real estate rental law. Despite the enactment of more than one piece of legislation, some of which abrogate and others amend the lease provisions, However, the legislator’s attempt to reach a kind of balance between the tenant’s interest in the leased property and the landlord’s right to benefit from what he owns is still inconsistent and in need of reconsideration. Therefore, this study came with the aim of diagnosing the inconsistencies in legislative treatment of lease contracts in the Iraqi legal system. The effective, most of which relates to the rent.

There is no doubt that family security plays a major role in the occurrence of family stability, which reflects positively on national security because the individual is the nucleus of the family and the last is the nucleus of society. The issue of family security has received the attention of many researchers, seminars and studies that stood on the necessary truth and motives. The problem of research is to shed light on the most important challenges facing family security and the disintegration of the family and instability, and this leads to fear and anxiety and prevents stability and construction and calls for displacement and immigration, and this leads to lack of reassurance and economic fluctuations, trade in trade and reduce production energies And creativity. The family has an important role in cultivating or reluctant criminal behavior; Whenever the family is sound in all its beliefs and concepts in creating a healthy and healthy climate and selects the behaviors of politeness, care, awareness and guidance, this was enough to create a crime -free family. But if the family has been struck by disintegration and cracking, it will lead to deviation and this rift begins with the incompatibility between the parents and the outbreak of differences and sharp discussions in front of the attention of children and the scratching of their childhood and this has a reflection on the children, so the attack occurs by venting these differences and quarrels and begins in the stage of searching for bad companions Compensation for what he lost from within the family environment is the inheritance that it gained in addition to other factors that help in deviation

Elections are the basic element of a democratic political system, provided they are free and fair. Electoral systems differ according to the different political systems, the nature of their societies, and their political cultures.
In Iraq after -2003, more than one electoral law was chosen, with the adoption of the proportional representation system as a basis for the electoral system and the adoption of different mechanisms for counting votes, including the electoral denominator and the modified Saint-Lego. In the elections that were held on October 10, 2021, the majority system was adopted with multiple constituencies and not proportional representation, according to Law 9 of 2020. These elections led to a political deadlock, knowing that it is not the first time that elections have taken place in Iraq. It seems that the main problem is not only in the electoral system but also in the political system as a whole, which needs political and constitutional reforms. Without these reforms, the elections will remain part of the problem and not a path to a solution

This study sheds light on a form of parallel justice, which is collective justice, trying to set standards to distinguish between the different groups in the state and then reaching the realization of that justice not only in its material aspect, but also in the moral and psychological aspect as well, which is often neglected by legal studies, focused On the purely material side, especially in the axes of financial assignment and entitlement, and identifying their implications for the enforcement of financial laws, ending with the conclusion that there is a synonym and interdependence between collective justice and the enforcement of financial laws in both material and moral terms alike, and that the larger the size of the groups that feel the achievement of collective justice The larger the enforcement of financial laws, and vice versa, calling for the need to reach the fairness of assignment and group entitlement, especially in the moral aspect, even at a minimum level, and to give a perception to those addressed in the financial rules in this endeavor to urge them to voluntarily comply with financial laws and reduce, if not eliminate, cases of evasion Avoidance and seeking to include financial privileges.

The importance of researching the topic: The national interest in Iraq’s foreign policy. It deals with research and analysis of two topics: the national interest and foreign policy directions, both of which witnessed several problems after the year 2003, before Iraq began to review them after the year 2014.
The research problem for this topic is related to the central question: How does the weakness of national interest affect foreign policy directions?
The research addresses several topics, namely: studying the challenges surrounding the Iraqi state, internally and externally, researching the problem of building the Iraqi state and restoring institutions after the year 2003, in addition to studying foreign political trends and their impact on the existing problems and challenges, then working to study Iraq’s needs to: raise An officer of the national interest in restricting foreign political practices.

When talking about the political culture in Iraq, it cannot be overlooked that the society is patriarchal, in which the relationships and values of religion, tribe, clan, and sect are mixed and in which obedience is the dominant characteristic, meaning that the political culture in it is subservient as it was during the period of Baath rule and in the period after the change in the year 2003 during the period of democratic transition. The democratic regime was unable, due to mistakes and the failure of its policies, to establish political and social upbringing for the people, and thus failed to establish a political culture for the ruler and the ruled due to the loss of a comprehensive national identity and isolation behind ethnic and racial sub-identities. This, as a result, produced many negative consequences and outcomes that distorted the democratic picture of the new regime

The sect-based violence overwhelmed Iraq after the US-led invasion of 2003. Most of the scholars who discussed the sectarian issue in the country supported their claims depending on some events and official statements. As a result, it has been uneasy to track the changes of the sect-based attitudes and how the sub-national identities can affect the political behavior of both Sunnis and Shias. In order to understand these different attitudes, the author used surveyed conducted in Iraq from 2011 to 2022. These rounds of surveys were helpful in comparing the attitudes of people from both sects over the time and to measure the possible differences. Analyzing surveys has revealed many interested findings. First, while Sunnis tend to be passive in the elections until 2013, their turnouts have increased after that comparing with the Shias. Second, the low trust of Sunnis in the national government has also increased to be higher than the Shia’s whose trust has dramatically decreased over the time. Finally, it seems that the social trust among people from both sects has also increased by accepting each other more than before

The issue of state identity occupies great importance at the level of studies and research in modern and contemporary political thought, because this topic has a pivotal and essential role in diagnosing and studying the intellectual (cultural) elements on the basis of which the process of building and shaping the state's identity takes place, noting that the process of building and shaping the identity of any state One of the countries of the world must be based on intellectual elements that include objective cultural and civilizational data that constitute the intellectual, cultural and civilizational framework under which the identity of this or that country is formed. From here, one of the most prominent distinctions between the countries of the world is the intellectual elements according to which the process of building and shaping identity takes place in this or that country.
There is no doubt that some countries of the world possess the elements and data (intellectual, cultural and civilizational), which makes them at the forefront of countries in the process of building and forming a solid, deep and well-established identity for the state, and our dear country Iraq does not deviate from this vision and from this perspective because of what it possesses of civilizational, cultural and intellectual heritage Deep and significant, in addition to the great role and impact of the teachings of the tolerant Islamic Sharia, which added a great human, civilizational, cultural, intellectual and moral dimension associated with the medieval, modern and contemporary history of Iraq, just as the cultural diversity (religious, sectarian, ethnic, etc.) Modern and contemporary Iraq, as the issue of spreading the culture of tolerance and rapprochement among all religions, sects, sects, races, cultures and orientations is highlighted here to form one of the most prominent intellectual and cultural ingredients for building the identity of the modern and contemporary Iraqi state, as well as the civilizational extension and the role of the Islamic religion and cultural diversity in shaping this identity.
From here comes the researcher's attempt to study and discuss these main axes, which have a clear and tangible impact on building and shaping the identity of the modern and contemporary Iraqi state, in a research entitled (Intellectual Elements for Building the Identity of the Modern and Contemporary Iraqi State), which will include two main topics, the first came under the title (The Role of The cultural heritage and the Islamic religion in shaping the identity of the modern and contemporary Iraqi state).

We live today in the reality of a huge and highly developed technological revolution in all areas of life, and the subject of our study (downstream content) is an important and sensitive aspect of these areas, whether the content is a read, audio, or visual message of both types animated and inanimate.
There is no doubt that technology has provided services to humanity in one way or another in all developed and undeveloped societies, so that it cannot be dispensed with in our current era, except that its misuse may turn against the interests of humanity in those societies, causing harm to society in general in the short or long term. So that there is no member of society who does not suffer harm from the misuse of the technology of the age, whether the damage is material to his financial entity, or moral damage to his feeling, or perhaps to the society as a whole in what is called public morals and good taste.
It is self-evident that moral damage often includes direct or indirect material damage, and thus negatively affects society as a whole. Thus, no member of society is survived without taking a portion of those damages. Therefore, the law must be applied effectively by the judiciary against anyone who publishes offensive and degrading content that violates morals, behaviors, and general societal norms, and these actions are considered within (descending content).
This study comes as a serious attempt to present the issue of derogatory content from a legal and social point of view, in terms of its definition, scope and negative effects on society, and then finding optimal solutions to combat it through the damage caused by it and the way to compensate it without interfering with the public rights and freedoms enshrined in domestic legislation and international agreements.

Iraqi foreign policy since 2003, that is, after the change of the political system and basic constitutional institutions, has been facing a number of challenges. Among the most important are the security challenges that have been and are still reflected in the performance of Iraqi foreign policy, and it is expected that they will continue in one way or another. These challenges stem differently from the internal and external environments. At the internal level, foreign policy faces restrictions represented by the weakness and turmoil of the internal security environment, which has affected the effectiveness of foreign policy. On the external level, the most important security challenges are the disruption of the regional security environment in general and the spread of terrorist and armed groups, armed, sectarian and nationalist violence and its regional extensions and its connection to Iraqi affairs, the international and regional military presence and competition, the regional arms race, including nuclear armament, and regional and international interference in Iraqi affairs.

Partisan pluralism is based on secondary affiliations on an ethnic, sectarian or sectarian basis, and not on the basis of national identity, as is the case with the Iraqi parties that came after 2003 and which built their organization on this basis, which ultimately leads to weakening the concept of citizenship and national loyalty in favor of sub-, sectarian and sectarian loyalties. . Therefore, this system leads to spreading division in society and dividing it into groups, each with its own principles and beliefs, and which oppose each other, so that they do not accept understanding.
Therefore, it is necessary to control partisan pluralism in Iraq according to effective legal frameworks that will correct the status quo and go towards effective political parties that possess a national discourse that would enhance the political culture of citizens, as successful pluralism needs a conscious and politically aware societal environment, otherwise it will It may pose a threat to the unity of society.

Deposit by bank transfer is one of the most important indicators and means of progress for measuring public confidence in banks and as the main source for financing credit and investment operations. And the depositary has, as the owner of these sums, the freedom to use, dispose of, and exploit them, and given the tremendous economic developments in the modern world, which necessitates adaptation, banks have resorted to electronic bank transfer
People resort to depositing their money in banks under a contract agreed upon by the two parties, and trust in the stability of the banking system is one of the most important pillars upon which the system is based. Banking, especially electronic, is one of the modern means of electronic payment of funds for easy communication with banks and a means of fulfilling funds .
In order to avoid imitation or forgery and fraud in depositing by bank transfer, a digital signature may be used, such as a secret electronic signature in the form of numbers, or a pyrometric signature, such as a personal fingerprint, because the electronic signature increases safety and reliability, despite the difficulties of some laws recognizing the legality of concluding contracts by electronic means, and this raises challenges in electronic business.

Legislation puts in mind the treatment of the situation of non-adult persons when enacting laws affecting them, especially criminal legislation. Therefore, we note that the Iraqi legislator has taken care of the preventive aspect when enacting the Juvenile Welfare Law, which was legislated to address special cases of homelessness and delinquency that the juvenile may be Therefore, the law included the establishment of specialized councils whose mission is to follow up on the care of the juvenile who needs special care as a result of the surrounding circumstances, whether before or after committing deviant behavior or even after applying the specific measures within the law, and due to the researchers’ lack of interest in those councils, we decided to shed light on them in this research

The nature of terrorist organizations and groups uses violence in every action they take, and the force and violent extremism at every stage of their terrorist operations, whether training or offensive, committed by these organizations.
Therefore, with the passage of a period of time since the establishment of terrorist groups or organizations, they have experience in their terrorist acts, and the first of these steps is the training they adopt, which is the basis for achieving their goals, which is to commit terrorist crime and harm members of the safe community, and from this damage is killing, displacement and injuries caused to members of society as a result of violence and extremism for the purpose of winning the battle they are waging and the attacks they carry out and achieving their criminal goals.
However, modern technological development has been used by terrorist organizations and invested in their terrorist and criminal acts, and for this reason these organizations have now exploited modern technology in training via the Internet and have shifted from the classic traditional training methods before carrying out any terrorist operation to modern and remote methods through electronic training on the use of weapons and explosives and all methods of carrying out their terrorist acts.
The crime of electronic training for terrorist organizations is one of the serious and innovative modern crimes, as terrorist organizations, including Al-Qaeda and the terrorist organization ISIS, resorted to it after their financial resources began to decay and decrease and severe control over the support they receive, and for this these organizations resorted to electronic training and the use of technology for no criminal and terrorist purpose in training their terrorist elements.
Confronting criminal e-training is a necessity to combat terrorist crimes of all kinds, inflict the most severe criminal penalties against the perpetrator, and use criminal methods in combating crime in line with the developments of the modern era.
When referring to Iraqi legislation, whether the Iraqi Penal Code 111 of 1969 or the Iraqi Anti-Terrorism Law 13 of 2005 dealt with combating terrorism through its texts, these texts did not address the precise criminal confrontation of electronic recruitment that terrorist organizations resort.

It is an established and recognized fact that human beings are of two types - male and female - with no third party except hermaphrodites in rare cases. This fact, despite its simplicity, carries within it a lot. An anomalous situation has arisen, which is the emergence of a group of people who claim that they do not belong to the gender to which they were born. Sometimes their gender is not determined at the moment of birth, and this last type has a special organization, but what is the solution with the group that rebels against its gender and wants to impose its presence in society despite society’s discontent with it? When a person changes his gender, he is called a “transgender,” which is a person who changes his gender to another gender, such as a male turning into a female or vice versa. It differs from what may be similar to it, such as: anomaly and organ transplantation. They are not a new category in the world, but their frightening spread is a new event.

The issue of priorities between political reform and economic reform in Iraq is a case that requires study as it results from an accurate diagnosis of the problems that Iraq and its successive governments suffer from, and in a way that contributes to directing reform efforts appropriately to achieve the maximum possible benefit for the Iraqi people.
On this basis, we must take a deep look at the complex interaction between political and economic reform, with a clear understanding of how they integrate. Analyzing this dialectic and shaping this relationship requires dismantling and rearranging its various parts, without diving deeply into inflammatory details.
Therefore, achieving reforms must be primarily directed towards meeting the needs and aspirations of the Iraqi people, meaning that priorities should be consistent with what citizens demand and need.

The topic of the research discusses the role of the most important international agreements and international activities that dealt with the protection of water and the right to it. Exploiting water in isolation from the other country, but rather through concluding agreements between these countries that regulate the mechanism through which the use of water is shared or exploited and how to protect it. These agreements have an important role in strengthening the internal legislation related to water in terms of reforming it and making it appropriate to the water reality of each country and in line with the commitment of each country to the agreement, as international agreements play an important role in enriching the internal legislation with legal texts that regulate the same issue, which is water.

The study showed, through a questionnaire on a sample of Tikrit University students (primary and postgraduate studies), the motives for their participation and the impeding reasons for abstaining. And an explanation of the nature of the results produced by the elections, as well as providing scenes of future transformations in all fields.

Through my research into this topic and my evaluation of the constitutional experience in Iraq in 2005, I found that the issue of amending the constitution in Iraq faces many obstacles and problems, and the most important of these obstacles are: the procedural obstacle, and the political obstacle: The procedural obstacle is represented by the complex procedures on which the issue of amending the articles of the constitution depends.
Article (126) of the Constitution stipulates a time ban on amending some of its paragraphs. Although the 2005 Constitution gave the right to the President of the Republic and the Council of Ministers together, or to five members of the House of Representatives, to propose amending the Constitution except after two successive electoral sessions for the Iraqi Council of Representatives.
While Article (142) of the Iraqi Constitution of 2005 stipulated some exceptions to what was stated in the text of Article (126) regarding constitutional amendments, and this exception will remain in effect until the completion of the committee whose formation was approved by the Constitution from members of the House of Representatives in accordance with Article (142). of the Constitution, and this committee is concerned with the issue of the constitutional amendments that it was entrusted with.

The study is based on the idea that the formulation and application of policies for building a civil state in Iraq according to the two pillars; the rule of law and the achievement of transitional justice, requires the provision of a set of requirements and pillars for building a comprehensive national identity, achieving the peaceful transformation of power, consolidating the principle of citizenship, and rejecting hate speech and sectarian quotas. And then it is necessary to develop a long-term political vision that monitors and diagnoses risks and threats and confronts all internal and external constraints and challenges that stand in the way of building a modern civil state in Iraq. Hence, the importance of the study stems from identifying the impact of the two pillars of the rule of law and transitional justice on the success of the policies of building the civil state in Iraq after 2003, as well as identifying the most important constraints and obstacles that pose a major challenge to the building the Iraqi civil state process according to the two pillars of the rule of law and justice. Perhaps one of the most important findings of the research is that the US occupation of Iraq and the interventions of neighboring countries contributed to supporting sub-identity conflicts and perpetuating sectarianism through the sectarian quota system, which constitutes one of the major challenges facing the building of Iraqi civil state process according to the two pillars of the rule of law and transitional justice.

This study deals with the statement of the legal nature of criminal reconciliation as a procedural system that only commits a crime. Its purpose is to terminate the criminal case that generated it, and to stop the legal procedures arising from that crime. Therefore, it acquires its importance in the framework of legislation and criminal justice, by relieving the burden of the judiciary, with the consequent expiration of the general criminal case arising from the reconciliation, with simplified and clear procedures that lead to the speedy settlement of it in a way other than the criminal procedures. In this scope lies the problem of the study, by examining the legal nature of this procedure, especially in light of the ideas and visions presented in this context, in order to come up with a legal vision that is compatible with this procedural system. The researcher used the historical approach in studying and extrapolating the legal principles and rules in order to root them historically and philosophically, using the analytical approach in order to analyze the texts, rules and opinions that have been elicited related to the nature of this procedure. One of the most important findings of this study was that the nature of criminal reconciliation does not deviate from being a procedural system that is established only on the occasion of the commission of the crime. It is determined by the law, and it is equal to that with or without consideration, as it is thus a procedural system that combines with it some of the characteristics of the contract along with some of the features and characteristics of the punishment

The subject of ((civil liability resulting from electronic marital infidelity)) is one of the recent topics in the legal space, which did not receive legislative and jurisprudential attention despite its importance through the negative effects it produces and whose basis is the moral damage that requires compensation that violates the solemn charter sanctified by God Almighty And it is impossible with Him to continue the marital life, which is based on cohabitation with honor and kindness.
Due to the large number of lawsuits that have swept the courts due to electronic marital infidelity, whether in criminal or civil courts, and due to its connection to the entity of society, which is the family, it behooves us to address this issue with research and analysis, and to focus the research on the decisions of the courts to combine the theoretical and practical aspects, trying to come up with proposals that we hope the legislator will take into account. The Iraqi is taken into consideration.

This research summarizes the concept of the federal system, and how to apply it in Iraq, and deals with the nature of the judicial system and its principles, and the factors that depend on and success in the experience of the federal system in Iraq by heading through the objectives of the federal system in Iraq and the obstacles that surround the federal system, whether in the process procedures or In procedure, the type of conditions that may encourage and maintain this system. This study addresses the diversity and difference between procedures and full federal theory
It attempts to research the study of the Iraqi federal system and the extent of its provisions with reality in the political and public financial aspects and the extent of its legal application of federalism through the protection of some international federal bodies, whether they are. The future system of the country's issues, and on this basis, the experience of the current situation has reached about 28 countries; Thus, we now have the consequences for the federal administration of Iraq in the future, which is doubly important in developing some awareness about what brings us together.