Volume 1, Issue 1, Winter 2010, Page 1-456

The political dimension of governance and its impact on the legitimacy of authority in Islam and the Constitution

Anas Ghanem Jabbar

Journal of Anbar University for Law and Political Sciences, 2010, Volume 1, Issue 1, Pages 1-99
DOI: 10.37651/aujlps.2010.15710

That the doctrine of political or so-called jurisprudence provisions Bowl DAI may share a multitude of interesting scholars of the Muslims, despite what has been said is said that the Muslim jurists have ignored the political side in the life of the nation, we find a huge intellectual legacy built by the Muslim scholars of different persuasions. Among the issues that took a great deal of interest in subject of governance in the Islamic state, it has been for the cohort of the first of the Imams in the era of the companions mug Alli in developing a system of legal provisions on pillars the Islamic political system, as was the distress experienced by the Islamic state after the death of the Prophet

The legal responsibility of the employee for divulging secrets functional

Maher Faisal Saleh al-Dulaimi

Journal of Anbar University for Law and Political Sciences, 2010, Volume 1, Issue 1, Pages 100-130
DOI: 10.37651/aujlps.2010.15711

Engaged in this research in the responsibility of the employee to disclose the secrets entrusted to him the other function forms of disciplinary and criminal, civil and consequent responsibility to do this right from the legal consequences for having enjoined the street, the most obvious undergoing the penalty for each image of them as will become clear to us in hushed words. The employee committed the street or a public service in charge of concealment of what should be consulted by the secrets of the public or private by virtue of his or while exercising their duties in the provisions of paragraph VII of Article IV of the Code of discipline of state employees and the socialist sector of a number 14 of 1991

The Zionist entity towards the Persian Gulf region

Muhammad Ali Hardan al-Hiti

Journal of Anbar University for Law and Political Sciences, 2010, Volume 1, Issue 1, Pages 131-163
DOI: 10.37651/aujlps.2010.15712

It is no secret what the Persian Gulf area of strategic importance has increased with the discovery of oil, which made it a goal to compete in the international powers and the various regional in order to get a foothold in this dynamic region and the acquisition of enormous wealth and take advantage of the broad consumer market.
Among the forces that are trying to dominate the Persian Gulf region is the Zionist entity, Jitka, who is on the other superpower in the region have a vitality of the United States

BOT contract study in the legal regulation of the construction contract, operation and transfer of ownership

Alaa Hussein Ali; Aref Saleh Mukhlif

Journal of Anbar University for Law and Political Sciences, 2010, Volume 1, Issue 1, Pages 164-189
DOI: 10.37651/aujlps.2010.15713

Discussion dealt with the legal aspects of a means new investment is the investment system, the construction contract, operation and transfer of ownership, which is known to hold bot (BOT) and have tried to researchers rooting the idea of this contract in legal terms and the possibility of admission to the Iraqi legal system and its application in light of this system as one of the administrative contracts and that standing position on the Iraqi investment law of 2006 and the law of government contracts for the year 2004 and instructions issued in 2008 and the General Conditions of Contract for Works of civil Engineering in 1988. It has been shown through research that this system investment a lot of advantages that can be used for the reconstruction of infrastructure in Iraq,

Role of the judge to complete the scope of the contract in accordance with Article (86) Iraqi civilian

Saad Hussein Abd al-Melhem Halbusi

Journal of Anbar University for Law and Political Sciences, 2010, Volume 1, Issue 1, Pages 190-223
DOI: 10.37651/aujlps.2010.15714

Judiciary plays a positive role to a large degree of interest in the contract and in maintaining of nullity and in facilitating its implementation in order to achieve the purpose for which the basis of the contract was made. Has been demonstrated this role by giving the judge a number of authorities: including his authority to reduce the obligations of the contractor aggrieved in netting contracts (1) and deduct the part that like nullity of the contract to maintain the remaining part of the contract the right (the theory of derogation contract) (2) and the transfer of the contract falsehood to contract where there are the pillars of this last decade shows that the intention of the parties was Stnasrv to the conclusion of this contract (3), and reduce the obligation onerous to the extent possible if there were some incidents of extraordinary public were not anticipated when the contract has made the implementation of a contractor of its obligations tired so threatened by massive loss (4). Reflected the positive role of the judge is widely and important assistance in the conclusion of the contract through the organization of some of the issues Akdan silent about its organization. This is what will be the subject of study in this research

Stabilizing the value of debt futures comparative study in the light of Islamic jurisprudence and man-made laws

Tariq Abdul-Aziz Omar al-Obeidi; Alaa Hussein Ali Jawani; Mahmoud Ibrahim Abdul-Razzaq al-Hiti

Journal of Anbar University for Law and Political Sciences, 2010, Volume 1, Issue 1, Pages 224-256
DOI: 10.37651/aujlps.2010.15715

Praise be to Allah and peace and blessings be upon our master Muhammad and his family and him and after: no dispute among the scholars that if proven owed by human religion, which is gay should be returned like him, though Qemia should be returned value (1) Through extrapolation of contracts and Madainat traded between people in the modern finds of the beholder that the consequences owed rights of currencies traded Kalourguih and others are that there should be a rule legitimate in meeting especially with the price fluctuations Ksaud prices and Ankhvazaa or invalidate the sultan her (2), as these securities and similar Thmnatha idiomatic and not self-Had self to the invalidated Thmnatha and abolished the Sultan because the criticism that Thmnath self be price created such as gold and silver in their capacity as a coin. In the modern world is no longer two currencies are considered currency trading has solved papers cash alternative to them in dealing in all _khasaúsma, but this is being done on these banknotes what is happening on Alnkadin of provisions such as discharge, usury, peace and the necessity of Zakat and other provisions that take place on Alnkadin, but the difference between Alnkadin and banknotes is very clear is that the quart of Alnkadin constant does not change nor changed for being a price created, either banknotes, the Thmnatha idiomatic Bastalah Sultan and the people it, and that if annulled dealing with paper money in a particular country were not has any value but it is a plain paper, and because now prevailing in the present day in dealing in these notes and that the bear of the qualities that qualify it to serve as the gold and silver, including: 1. The banknotes and mediator for the swap and fulfill desires. 2. It has become a unit of measure and standard of goods. 3. It has become a repository of wealth and tools to make the values ​​of things. 4. The money has become a base for deferred payments and the settlement of debts and obligations (3). And takes the rule of these papers, all of the bonds, instruments and other securities of contemporary and because of religion in general must be met by the verse (O ye who believe, fulfill your contracts) (4) and is a personal religion, and the emphasis on documented in the verse (O ye who believe! When you contract a debt for a name, write it down) (5) and the large number of transactions taking place between the people do not need to know all the marriage contract to his money and what it and when to meet his religion and this set the street wise these contracts, including not let ignorance hurt one of the parties at the expense of the other party. Here in this research shed light on the position of Islamic law and positive law of religion and install Ivaúh in any way be? Whether money Qemia or gay, especially in transactions with payment of the debt, because of problems intractable contemporary and experienced by the modern economy is a breach to fulfill debt and the treatment of Muslim jurists and law issue by searching for a solution to the problem of potential price volatility and its impact on the debt before the occurrence of these fluctuations by installing these debts are included to the right holder the right and deal with this medium as a way therapeutic address solvency cash futures in the event of sharp fluctuations in prices and the value of money, especially in countries that suffer from political instability followed by economic instability and this is the case of some developing countries such as Iraq, which Over the vicissitudes of political and economic acute led to a major crisis in the solvency futures Kalozma that occurred in the nineties in lost economic blockade imposed on it. So it was necessary to discuss the issue of the installation of Islamic law and positive law in anticipation of such a crisis, rather than leave it to the authority of the judiciary to discuss the adaptation of contracts when the volatility of prices and a crisis. We will discuss this in the first section of this research from the position of Islamic law and religion install scholars review the testimony and evidence and discuss the evidence is such evidence, while in the second section we take the position of the law to install the debt.

To prove criminal intent in the crimes of persons

ad fger Rawai; Bashir Juma Abdul-Jabbar Kubaisi; Laythaldin Salah Habeeb; Adel Nasser Hussain; Muhannad Bunyan Saleh; Medhat Saleh Ghayeb; Awad Abbas Hardan; Asawor Hamid Qaisi; Ahmad Shukor Hammoud; Muhammad Iqbal Yassin al-Mashhadani; Nayef Ahmed Al Shammari Dahi; Safa Hussein Ali al-Jubouri

Journal of Anbar University for Law and Political Sciences, 2010, Volume 1, Issue 1, Pages 257-283
DOI: 10.37651/aujlps.2010.15716

he principle of legality (no crime or punishment except by virtue of the law) was not known before the Prince the greatest (Maqna Charta), issued by King John in England in the year 1216 AD. Article / 39 of it on this principle and transfer them Mhagroa England to Philadelphia in North America . called (Monteko) for the adoption of this principle in writing (Spirit of Laws), adopted in 1748 and confirmed its necessity (Beccaria) in writing (offenses and penalties), issued in 1764 AD. Then came the French Revolution to the states on the principle of Legal offenses and punishment in the eighth article of the Human Rights Manifesto issued in 1789 AD. And committed by the criminal law and the law of misdemeanors and infractions issued in 1791, also stipulated in Article IV of the French Penal Code for the year 1810 AD. And newly provided on this principle further clarification of Article (11) of the Universal Declaration of Human Rights of the General Assembly of the United Nations in 10/9/1948 m saying (everyone charged with a crime is presumed innocent unless proved guilty according to law in a public trial he has had all the guarantees necessary for his defense). and took the principle of no crime and no punishment without the text of all legislation, including the contemporary Egyptian Constitution, which stipulates in Article 66 on it (no crime or punishment except as the law is not expected except by judicial punishment be inflicted only for acts committed subsequent to the effective date of the Act). as well as provided on this principle, Article V of the Penal Code, as stated at the outset that he (crimes punishable under the law applicable at the time of commission). and this text is almost the same as the first article of the Iraqi Penal Code, which states ( No punishment for an act or omission not based on the text of the law on the criminalization of time may not be committing penalties or measures of default has not provided for by law). and almost decided this sense Article III of the Jordanian Penal Code that (do not spend any penalty otherwise provided by law when committing the crime). This principle is of great importance is imposed on the legislature determine the elements of the crime. As he did in crimes against persons has identified Shara corners of each of these crimes. and the appointment of the penalty scheduled for accuracy and clarity of a draw that dividing lines between the patterns of illegal acts and all other actions are legitimate. which gives legitimize the punishment because they are imposed by law in the public interest is on the other hand ensures Search the judge the evidence and clues that deny actions in the border drawn by a law to protect the freedom of individuals and their rights. This principle is the need to arrange the provision of the principle of personal criminal responsibility, which entails the principle of personal criminal punishment. Hence, the man does not ask whether an active or a partner or an instigator. Only if he commits the crime of Madiat already or criminal behavior, which lead to a result of a crime with the goal of providing criminal intent toward the will of this man and his intention to achieve sinful Madiat even ask a criminal offense. The above shows us that the issue of criminal intent is unjust will be assigned by the act of attribution does it morally. After cross-check the material as the actor is the one who committed the crime Madiat. This had to be the perpetrator of the full briefing material elements are committed with the direction of his will to achieve these elements of the availability of any criminal intent then realized the full crime. The verification and proof of the crime Madiat of the things that do not find the trial court or the investigating judge (DPP in Egypt) in the great difficulty to prove it came Bmadiat three elements of the crime (criminal act and the result, the causal link between the act and the result). As for what the trial court is faced with the difficulty inherent in the full proof of the will of the evil associated with the mind of the offender and the offender psychology, which requires research and creek in the psyche of the perpetrator of the inherent criminality and saturated with lies and tricks. The proof of criminal intent or deny the crimes of persons is one of the art works to be carried out efficiently, including identifying the tool used in the execution of the crime and learn how to commit and linking evidence between the actus reus and the tool used with the place and effective and this leads definitely to enter a conviction emotional at the same judge to pronounce sentence just a clear conscience. it was necessary to prove intent criminal because of its great importance in conditioning the type of crimes against persons is it (murder or manslaughter or hit Mufdi to death) from the punishment of these crimes from the death penalty and life imprisonment or temporary and the imprisonment and fine. And that proof of criminal intent in the crimes of persons permitted in all legal avenues, including the simple evidence and inference in the question of purely objective appreciation is up to the trial judge according to what he has to submit the evidence and deciding which is due to him for good. where methods are no longer commit crime in the present simple or easy, but has become a complex committed by criminals methods and innovative ways at the same time it has become a sophisticated method of discovery of the crime beyond the typical conventional method so that the inductive method is more common, a method which depends on the collection of facts and physical evidence and then to build on the basis of opinion. This and that following the deductive method also between some schools and this investigative method, which relies on direct form an opinion or hypothesis of mind on the subject of criminal intent and attempt to prove it and prove all the facts and evidence. and through the mutual roles of the investigator and the coroner and forensic technicians and exchange of information among them, analyzed and presented in a simple fashion concept decode puzzles and interpretation of criminal intent and access to interpretation and adaptation of the crime in order for the judge to reach the correct verdict. Keywords

Mitigation of climate change using the flexible mechanisms provided for in the 1997 Kyoto Protocol

Bashir Juma Abdul-Jabbar Kubaisi

Journal of Anbar University for Law and Political Sciences, 2010, Volume 1, Issue 1, Pages 284-299
DOI: 10.37651/aujlps.2010.15717

Countries of the world has realized the importance of confronting the likelihood of climate change during the first conference of the World Climate Programme in 1979 which emphasized the need for cooperation of countries of the world to monitor and reduce climate change, the star from human activities. International efforts have culminated in the preparation of United Nations Framework Convention on Climate Change, opened for signature by States parties on the sidelines of the United Nations Conference on Environment and Development (Earth Summit) in Brazil in 1992. This agreement, in fact, designed to stabilize the concentration of greenhouse gases, greenhouse gases in the atmosphere at a level that would prevent dangerous interference by human activities in the climate system which confirmed the Convention to achieve this level within a time frame sufficient to allow ecosystems to adapt to change climate and ensure at the same time not to endanger food production at risk and characterize to move forward in sustainable development that are intended to "development that meets the needs of the present without compromising the ability of future generations to meet their needs" (1). The Convention entered into force in in 1994 a framework agreement includes commitments from countries to achieve the goal of the Convention to be more committed to the obligations of States Parties to the Convention. I have held during the years after entry into force of the role of several conferences of States Parties to the Convention, which resulted in 1997 in the conference held in Japan in the city of Kyoto on the adoption of the Kyoto Protocol on global warming. This protocol includes the specific obligations on States parties in order to reduce the emission levels of greenhouse gases and to enable countries, especially developed ones, to meet its obligations under the Protocol has approved the protocol mechanisms called flexible mechanisms (Flexibility Mechanisms) to help countries to reach their goals downward with minimal losses and lower costs, and perhaps without any losses. The selection of these mechanisms has been the subject of this research because of its importance at the present time to study them and to indicate what the meaning of these mechanisms and rules governing it and its applications. What are these mechanisms and are intended to rules and organized by the positions of them and their applications will be the themes that will be discussed in this research which was divided in three sections dealt with the first of which the nature of the flexible mechanisms in the second section address the definition of three mechanisms, which included in the Protocol The third section has dealt with some of the applications made available to us on these mechanisms and seal research conclusion included some of the conclusions and recommendations. boot / access to the flexible mechanisms: This protocol includes the specific obligations on States parties in order to reduce the emission levels of greenhouse gases in the period between 2008 - 2012 by not less than 5% compared with Msuiatha in in 1990. The carbon dioxide is primarily responsible for global warming by about 50%, in addition to the gas there are other gases are are also causing this phenomenon as a gas of methane gas and nitrous oxide and hydrocarbons halogenated Hiksa fluorides of sulfur. The Kyoto Protocol rules to ensure basic agreed at the Conference of the Parties held in 2001 in Bonn and Marrakech, while the United States, which is the largest contributor to global warming emissions by an estimated 25% of the global emission rate may circumvent its obligations under the Protocol and refused to ratify the Protocol. One of the most important statement in the protocol is to establish mechanisms that will be flexible throughout this research, namely: 1. Emissions trading (Emission Trading) a trade emissions quotas for each state. Under the terms of this mechanism has the right to state-of-purchase rights of the parties from another State Party to the Protocol and thereby not commit the State to reduce emissions of procuring quantities of gases emanating from their territory. 2. Clean Development Mechanism (clean development mechanism) and are intended to work on the development of projects concerned with preservation of the environment in poor countries as projects to generate energy from renewable sources as well as the protection of forests in developing countries. 3. JI (joint implementation) and are intended to work on the projects undertaken by industrial countries for the benefit of other countries, for example, the countries of Western Europe for projects to generate energy more efficiently in the countries of Eastern Europe. This Protocol came the obligations incumbent on States parties and committed countries both developed and industrialized in the world to reduce their emissions of greenhouse gases and collectively, and by at least 5% for the period between 2008-2012. The rate reduction approved by the protocol was different from one country to another has committed Protocol: 1. EU countries and the countries of Central Europe and Switzerland cut by an 8% 2. The United States has kept her cut by 7%. 3. Canada, Hungary, Poland, Japan and 6%. 4. Norway 1%. 5. Maintain both Russia and Ukraine and New Zealand on the levels of emissions have. 6. Australia 8%. 7. Iceland 10%. (2) who has committed the protocol need to achieve, compared with levels in 1990. On the other hand the Protocol has been awarded the sustainability of these countries the right of the flexible mechanisms approved by the Protocol in order to be able to achieve its goals in the reduction of the lowest costs and losses in other words, the lowest economic cost. These mechanisms are the catalyst and motivation for industrialized countries and a major cause of global warming to be a party to this Protocol and then contribute to the reduction of this phenomenon and the serious consequences resulting therefrom provided that the application of these mechanisms complement the programs of national states to reduce their emissions, which is the main part to fulfill their obligations ( 3). and tell it must be noted that these mechanisms has gained legitimacy through the Kyoto Protocol of 1997, which must be designed and used to gain access to a real reduction of emissions of greenhouse gases blamed for global warming. These mechanisms, in fact, in order to serve the purpose of which must be based on a set of principles of the principle of transparency in determining the units of the cut and to what extent we can allow the Parties to the Protocol, trafficking and who is responsible for the identification and trafficking

Spying and its rules during International Armed Conflicts

Laythaldin Salah Habeeb

Journal of Anbar University for Law and Political Sciences, 2010, Volume 1, Issue 1, Pages 300-323
DOI: 10.37651/aujlps.2010.15718

Become a spy in the present age a reality in human life, and the need to resort to most of the countries to ensure sustainability and continuity and the protection of its existence, especially during armed conflicts, as it is spyware a means of fighting it is the most important device is based upon units of the armies fighting against enemies. And the importance of this phenomenon and gravity, the laws imposed on the perpetrator of domestic spying during the armed conflict, most types of punishment, but the position of international law towards it was different to that, for as a spy during armed conflicts, acts of the award and the warring states can resort to it. This does not mean that international law to leave the incident without any controls or international provisions, it has been the authors of each of the Convention (The Hague), fourth in 1907 and agreements (Geneva), four in 1949 and the Protocols thereto of 1977, the organization and the formulation of some of the international rules that are governed by. With this in mind we decided to search (spyware and provisions during the international armed conflicts) to detect the most important of those rules and provisions that are enshrined in international law, which represents an advanced stage of development of civilization of human being, as well as the reluctance of researchers in the field of international law from engaging in or lack of interest by enough. and knowledge of the subject in all its aspects we divided our study into three sections, displays the first section of the definition of espionage during international armed conflicts, while the second section deals with the position of each of the domestic law and international espionage during international armed conflicts, and set aside the third section to display the most important rules of international spies, and finally the most important conclusion we mention in our findings in our present.

Recognition of the effects of proportions on others in case of non-recognition of the proportions Athbathathar on others in the absence of demonstrable

Adel Nasser Hussain

Journal of Anbar University for Law and Political Sciences, 2010, Volume 1, Issue 1, Pages 355-376
DOI: 10.37651/aujlps.2010.15719

Recognition of language means recognition of the right, but legally he is telling the human right of it to another and said to the headquarters and the headquarters for him and the right seat of it, and knows also that he tell the person certified the right of others to himself, either accidentally order this right his trust or did not mean to. The recognition the proportions he may sense more specific than that as it is intended to tell the person there about him and some other person, and this relationship can either be nearly directly the link between assets and branches, and are either not directly a nearly Notes who share a common origin without the one branch to another . and acknowledgment of the proportions of two types, either the cause ratios person on the office the same as in recognition of filiation, paternity and maternity, and here is required to prove lineage to be the headquarters has an unknown lineage and have proven ratio of Headquarters possible to generate like him like him, and to endorse Headquarters him on this recognition that has been remarkable, and this recognition of his clear; because it proves ratios without the need to show cause, whether it be from a valid marriage or corrupt or intercourse with semi-and prove to the headquarters of his rights all; because kinship prove him this recognition it would be the heirs of the headquarters does not of the beneficiaries of the estate. The recognition which the pregnancy rates on non-Headquarters, Kalaaqrar brotherhood and public Alkhúlh, ruling on this type of recognition that it does not work alone as a reason to prove descent, but it must be one of three things: either to believe him from carrying ratios him and either prove this lineage for proof or to acknowledge the heirs all proportions that person after the death of the headquarters it, and with the following statement that: I / authentication of pregnancy rates it: If approved one person to another as a brother or a woman as his sister, this person does not become a brother to him and a woman does not become a sister to him only after approval by the father on this declaration, if approved become those of his heirs. and if approved one person to another that his uncle or a woman as his aunt, this person does not become what has not this woman to become an aunt to him only after approval by the grandfather (Abu-father) on this declaration, if approved seriously they become part of his heirs. Also, if passed person to person as a son of his son or of a woman as a girl his son, this person does not become a son to his son and women become a daughter to his son only after approval by the son on this declaration, if approved son they become part of his heirs. II / paternity for proof: If approved one person to another brotherhood or cousins ​​and denied of the pregnancy rates for under , he can count Headquarters to prove that for proof the testimony of two men fair or a man and two women, reverse, and by demonstrating prove descent, and obligatory rights arising from it, and this is the case not be heard only in case the right time either case the life of mobile descent upon or after his death; because the rates of the plaintiff in this case is not intended for itself, but is intended to consequent Kalnvqh rights and inheritance. III / adoption of proven lineage all the heirs after the death of him Headquarters: If approved all the heirs Bawart ratios prove that the heir of a testator by Headquarters and co heirs to inherit and take his share legitimate, there is no difference in that to be the heirs coupled with a group or two or one by the said Nakha'i, Shafi'i and Abu Hanifa and Ibn Abi Layla: does not prove lineage, and said the owner, Abu Yusuf does not prove descent, but the adoption of Apennine two males or two females of good character , said Hanbali: If approved the heirs all and they were adults Bawart with them and their sincerity headquarters him if he was in charge of proven lineage of it if the unknown ratios and if the office has a small or crazy, there is no need to believe to not be considered as saying religiously. If you do not prove this descent no ratification by the headquarters it is not for proof or approval of the heirs are all after the death of the headquarters it, here treated as the headquarters for adoption in terms of inheritance hand other rights that go back to him himself, and Whereas recognition bears the truth and lying, and probably not fit to be invoked against third parties; because the self- human is inclined towards evil they may bear on the recognition of rights lie with his money on others rights, but does not bear a lie, including the recognition of the rights of it is here and select scholars authoritative recognition they said that he was deficient argument. limited to any office or extends itself to other unless the sincerity of this third party, or on the evidence on the health of this recognition means that the recognition is limited to the necessary headquarters of the rights not later than to impose on others. Here is the importance of the subject; because we will have a person who has not proved a percentage of the headquarters by If that person is a poor case and unable to gain and was the headquarters well off Can Headquarters for him to live upon the case and asking him to spend, or if you inherited the office a thing of the office he does that Headquarters has involved the headquarters in its share Almirathih or not?. and if it remains the headquarters insisting on approval until his death and did not have the heirs of the non-Headquarters has the proportions do inherit headquarters him or not. be seen from the above that raised the recognition percentages on others in the absence be proven different impact on the office during his life on the effects consequences after his death, so I swear to study the subject formally to two sections, devoted first to the effects of recognition of the proportions on others during the life of the Headquarters If you do not be proven and the second to the effects of recognition of the proportions on others after the death of Headquarters If you do not be proven.

The legal nature of the relationship between the owner of the garage and the owner of the vehicle in the study of civil law

Medhat Saleh Ghayeb

Journal of Anbar University for Law and Political Sciences, 2010, Volume 1, Issue 1, Pages 377-396
DOI: 10.37651/aujlps.2010.15720

It is no secret one of those interested in legal issues that the topic (the legal nature of the relationship between the owner of the garage and the owner of the vehicle) of the important topics of our time so as to be in contact with the individual in his daily life and practical, as the subject of the owners of garages and how to deal with them harboring the car to have become of topics that affect every member of society and because of the current situation in the country by forcing car owners to put their cars in garages dedicated for this purpose and not left on the roads and public places for fear it from theft and destruction of any reason for the then commitment is the responsibility of the owners of garages Protection of these cars, maintain and deliver them to their owners at the end of the contract period. this study aims to adapt this relationship link between the garage and the owner of the car and give it described own legal to arise after the issue of how to prove this relationship and then the responsibility of the owner of the garage for the damage that may infect the car while guarding them from theft or loss of or otherwise. and sometimes increase the obligations of the owner of the garage and go beyond the idea of ​​security only, but must be committed to reform of the automobile, and more in these examples and the practical reality today. so you will be studying this issue to the three sections according to the following research plan: Section I: Streptococcus conditioning relationship between the owner of the garage and the owner of the car. first requirement: the relationship between the owner of Streptococcus garage and the owner of the car lease . second requirement: the relationship between the owner of Streptococcus garage and the owner of the car holding a deposit. third requirement: the relationship between the owner of Streptococcus garage and the owner of a car guard. Section II: Characteristics of Streptococcus relationship between the owner of the garage and the owner of the vehicle . first requirement: a consensual contract. second requirement: a binding contract for both sides The third topic: the effects of contractual relationship between the owner of the garage and the owner of the car. first requirement: a commitment to the delivery of the car garage. second requirement: the obligation to save the car and take care of it. third requirement: the relationship between the owner of the garage and the owner of a car guard. fourth requirement: the obligation to refund the car.

The legality of the use of Zir uterus (surrogacy) Legal Study

Muhannad Bunyan Saleh

Journal of Anbar University for Law and Political Sciences, 2010, Volume 1, Issue 1, Pages 376-399
DOI: 10.37651/aujlps.2010.15721

The announcement lady wanted to use her womb and the pregnancy rather than others (wife) for those who wish to have children for the amount of cash monthly and expense, especially during pregnancy controversial doctrinal and legal on the legality of the use of uterine Zir (surrogate mother). In the first instance may not This act constitutes a big problem if we know the existence of the agreement between the couple and the owners of the fertilized egg women with uterine alternative, which establishes provisions and arrange them. But for this use full legal legitimacy? Template so that you can organize a special legal, as the legal relations of Staff must be available to complete act and become a true, Gmelin to add to the satisfaction there other elements of Fa shop must have a legitimate reason, as well as the motive of the contract. And thus the invalidity of the relationship contractual or becoming a full right from the legal point of view, especially after the scientific development in such medical fields aimed at procreation using modern techniques, including the uterus alternative (surrogate mother) and revenge also jurisprudential debate about the legitimacy to act from the point of legitimacy and divided into two teams. Some of supported operation, but under certain conditions, some of them refused to resort to outright and the sanctity strongly. and to indicate what progress we have tried as much as possible to answer this Altasalat access to the legality of this use of the legal and legitimate and in accordance with the following plan: The first section / over the legality of the use of uterine Zir in Iraqi civil law. first requirement / subject of the contract. second requirement / why in the contract. third requirement / invalidity of the contract wrongfulness. second section / over the legality of the use of uterine Zir in Islamic jurisprudence. first demand / trend in favor of the use of uterine Zir. second requirement / direction of rejecting the use of uterine Zir. Conclusion. results and recommendations.

Political theory in Islamic thought

Awad Abbas Hardan

Journal of Anbar University for Law and Political Sciences, 2010, Volume 1, Issue 1, Pages 384-401
DOI: 10.37651/aujlps.2010.15722

Do not bring anything new if we say beginning, the political thought since ancient masters may appear in two different theories in determining the legitimacy of authority (ie the source) and assessment of their nature, are: (theoretical theocracy) and (democratic theory) (1) the first two of them go that (God is the source of power), and to Him The choice of rulers, divine choice (directly or indirectly). This choice is that the power bestowed legitimacy theocracy, and bestowed on the status of being a ruler (Khalifa of God) on earth, and enjoy this (divine right) to be the sacred nature of religious authority and his power with his hand holding the branches: religious and secular - Ma'an -. while you go to the second theory (the people is the source of power) and is due to selection of referees popular choice (directly or indirectly). This choice is the one who bestowed the power legitimacy of democracy, and bestowed on the ruling status of being a (Under-the people) and enjoy this (natural right), because the nature of his authority the authority of temporal (time civilian), and held his hand power worldly, without religious authority which is, however, men . The leakage of the impact of these theories to the Arab-Islamic political thought, until it became basic concepts close to the premises that the Arab-Islamic political theory or a modified form of them. It is true that the theory of divine right, in the Islamic civilization in the second half of the first century AH may differ fundamentally different from the emergence of this theory in the Christian civilization of the Middle Ages (2). The theory of the Islamic Shura Council, is also in the concepts and principles, the theory of non-Western democracies, or even contemporary. However, this does not prevent the situation say that some of the images and statements coming from, you may have entered the Arab-Islamic political theory . Orbiter and the roots of the historical theories of power in Islam will find without any difficulty, the argument Umar  which was launched in a shed built assistance to advocate allegiance Abu Bakr  (and I mean the Colth: I Redak Messenger of Allah  of our religion, do you not Narzak to our mundane (3) ? Some have interpreted the text brigade trochlear hidden argument to Abu Bakr as evidence to say to (the divine right of indirect). as is the case with some of the Sahaabah (k assist Guim bin) in the adoption of this Altamir to Abu Bakr in prayer guide to lead them to the Muslims when He said: (God, what few perished Messenger of Allah  until we knew that Abu Bakr Khalifa) (4). and this itself is the belief of some companions of those who say to Abu Bakr and Omar, after you (the successor of Allah). true that the refusal of Abu Bakr The age of this Allguib, and their acceptance titles again as (the successor to the Messenger of Allah) and (faithful) for evidence of the refusal of this divine right (5) in exchange for their acceptance of the inherent right. However, the seed of this belief, as noted, were present at some companions and made clear more when he spoke of the third Caliph Uthman  for the succession as a shirt Qms God to him (6), and rejected the right of the nation in the request for dismissal and wear, which is influenced by the Allqub title (the successor to God). even wire Umayyads after him this behavior. Vmaawih says: (Earth to God .. and I am Khalif Allah) (7), the same course Abbasids after him. Valmansour Abbasi was called the same (Sultan of God on earth) (8). It seems that the spirit of the theory of divine right is not in force between some of the Companions and the Righteous , but also in force among the general Muslim scholars as Sheikh Ali Abdel Razek (9) in the nature of contemporary ideas of Sheikh Abu Ala Mawdudi (10) and other scholars (*). The successors of these words, but words of these scientists are inspired to some thinkers and writers, to say, that the system of the Islamic state, not included among the democracies, but also, among systems theocracy (11). In fact, the statements of these caliphs, but did not take the character of theorizing at large, and that this exceptional situation did not base it can be invoked to infer the rule, the nature of the Arab Islamic state, although the nature of the theocratic authority of the religious authority, according to these writers (12). it has taken this character and intellectual nodular then at the hands of Shiites , as known as (the theory of the text in the Imamate) in exchange for (the theory of choice in succession) when the Sunnis and the group and others

Secrets of the doctor's commitment to save patients legal study

Asawor Hamid Qaisi

Journal of Anbar University for Law and Political Sciences, 2010, Volume 1, Issue 1, Pages 401-422
DOI: 10.37651/aujlps.2010.15723

Connection password is closely private life of the man it represents an aspect of personal freedom to him, and the patients are a range of those people who represent them secret part of their personal freedom, though their secrets reflect an aspect of severity of the impact on the disclosure of the effects on the patient and on the psyche and perhaps pay his health to deteriorate influenced by his life directly affected thereby, and thus founded the obligation to preserve the secrets of patients to the right of individuals to privacy of health so to speak and to be doctors and staff corps medical respected understanding of warehouse mystery patient and trust them with the secrets as well as his soul and his body, and thus bear those committed to to preserve the secrets of the patient and this out of the year observed by the doctor for each up to his knowledge of the secrets, even if did not ask the patient to do so, and in this commitment to achieve the public interest and special to the patient, Valmsalehh General manifested through the spread of trust between patients and doctors and contribute to the smooth flow of medical appointments and smooth functioning of healthy life in the community, contributing to the stability of society and the opposite result in disclosure of the secrets of scalable trust between patients and doctors pushing patients to no review by doctors which is detrimental to public health of society as it affects the course of the life of the patient's social development in society and the mixing with the children sex, especially the disclosure of password, which of them might pay to take revenge of those who disclosed this secret. and the patient's particular interest in that protected his secrets physical or moral is to maintain the reputation and irregular way of living. and this was intervene to protect the secrets of the patients is a medical act as protection for those two interests of public and private, so the researcher found in the commitment of the doctor to save the secrets of the patients plenty of material for consideration and that radicalized this commitment is legally and that a statement understandable and its legal basis and by identifying information concerning the patient, which is the secret The physician commitment to save it, in the Study of the first of this research, and then have to determine the scope of this commitment in the Study of a second, if the interest of public and private to the patient require to maintain secrets, it is there are other interests had to the doctor to disclose these secrets and that will be also examined, and in the third section is exposed Researcher of the legal consequences of breach of this obligation, which constitute the core of the legal protection of the patient's medical secrets.

The challenges of globalization of civil society in the Arab World

Ahmad Shukor Hammoud

Journal of Anbar University for Law and Political Sciences, 2010, Volume 1, Issue 1, Pages 411-432
DOI: 10.37651/aujlps.2010.15725

Reflect the globalization challenges are real and multiple Arab civil society, the most negative, required him to be ready to face them, and some are positive it would benefit them as far as possible, and the concept of globalization has become clear and the trader is no longer there who do not understand the nature of hegemony, which seeks powers to achieve in all fields and fields and has become talk of globalization, the most important subject you are concerned with the rest of the world's developed and developing countries and even poor countries to afford the policy of dissolving of borders, sovereignty and cultures and the abolition of national identity and nationalism and try to seize the wealth of nations. depending on the nature of the research has been divided into three Study of the preliminary Investigation was determined concepts used in research and Taeselha theoretically and historically the first section was devoted to discuss the economic challenges of civil society in the Arab world, and in the second topic was the theme of the political challenges of globalization on civil society in the Arab world.

Formal in some Iraqi laws and the impact of its failure to

Muhammad Iqbal Yassin al-Mashhadani

Journal of Anbar University for Law and Political Sciences, 2010, Volume 1, Issue 1, Pages 414-437
DOI: 10.37651/aujlps.2010.15726

When talking about the first formal Maitbader to mind the laws of the Code of Civil Procedure, and the Code of Criminal Procedure, and rules of the organization of the administrative court. However, when we study the formal as a legal concept in the light of the division of legal rules, on the subject, hand Matorteurh of the principles of the rules of formal and substantive rules, and when set the substantive rules as: (those rules that take structured objective of legal relations, it shows the rights and duties and how tion, use and termination (1)). We recognize that, except for this type of rules is the rules of formality, though the formal concept seems much broader than the concept that Nhzareth law proceedings, and the rules of criminal procedure and their respective branch of the laws of formality. And be logical that any legal text, and wherever found is not of those texts that develop structured objective of legal relations, and I determine the rights and duties, and I determine how they arise, use and termination, can count the legal text of the texts of form and that contained within the laws that are of substantive law such as the Civil or Commercial (2)). the importance of research and justification: impact played by the formal rules in the laws, especially the formal laws as law of Civil Procedure and other laws which predominantly objective such as the Civil in the life of the individual and society , as a link between the rules of substantive law and the rights established by individuals, and between individuals themselves, as without it is difficult to access the right to his companions, and the impact of the consequent failure of the formal, for these reasons and others, I found the importance of addressing this issue, and because of this importance was our choice (formal in some Iraqi laws and the impact effects) subject to search. structural Find: based on the concept of rules of form, which is all the text of a legal Aigrr substantive rights, and Ayda structured objective of legal relations, and Laibin rights and duties, and how they arise and use, and its expiry, we we will discuss the law of pleadings as the backbone of all laws of form, and because the rules of form is not limited presence on the laws of form, but there are also substantive law, we will look to in some objective laws, and because the formal role to play in practical life, and that its failure to arrange legal implications, we will look to their role and the effects of underdevelopment, and position them , all in the Study independently, as follows: The first topic: the formal proceedings in the law. The second topic: the formal in some of the substantive laws of Iraq. The third topic: the role of the formal and the impact of its failure to

International responsibility for human rights violations in the context of a study of international law

Nayef Ahmed Al Shammari Dahi

Journal of Anbar University for Law and Political Sciences, 2010, Volume 1, Issue 1, Pages 426-443
DOI: 10.37651/aujlps.2010.15727

International responsibility for human rights violations (a study in the framework of international law) The human rights violations, if they reach a degree of cruelty, it shocks the conscience of the world, and the intervention in the field of international law, and mixed with crimes against humanity in terms of punishment and accountability to international crime . And gross violation of human rights by the State within the private sphere sovereignty is no different, in essence, for crimes against humanity committed by a State against nationals of another country. This represents the basis for the international responsibility for human rights violations. The reasons for raising the State's responsibility for human rights violations, neglect of the state to take legislative action, administrative or judicial prevent violations of human rights, as well as the practice of one of the bodies or organs of the State or one of its employees for the actions represent a gross violation of human rights can give rise to State responsibility, as the latter can arise if the state has neglected or slackened in the trial of those accused of practices that violate human rights

Russian-American conflict on the Caucasus region and its role in creating a new balance of power international

Safa Hussein Ali al-Jubouri

Journal of Anbar University for Law and Political Sciences, 2010, Volume 1, Issue 1, Pages 427-456
DOI: 10.37651/aujlps.2010.15728

Unique phenomenon of international conflict from the other phenomena of international relations as a phenomenon of infinite complexity and overlap in terms of mixed contradictions to each other due to the multiplicity of dimensions and overlapping causes and sources and the complexity of their interactions and effects of direct and indirect and varying levels that occur then these interactions in terms of range or intensity. < br /> The conflict in reality is the process of conflict of wills contradictory, it also conflicts resulting from differences in the motives of states and in their visions, goals and aspirations and its resources and potential, which causes the result to make decisions or to pursue foreign policies that differ more than consistent with the conflict more than they converge and although from the diversity of manifestations and forms of international conflicts, regional, however, it tends to use the tools of conflict different that fall from most effective to the most negative way that serves these countries in achieving the policies and strategy (1). The conflict that existed between the United States of America and the former Soviet Union particularly clear example of the conflict existential, fundamental, extended to all areas of life, which was based on the principle balance of international power Each of these two countries were willing to achieve nuclear superiority absolute and the achievement of hegemony on the world and trying to be all the state of them is the most powerful militarily and richer economically and to be is without other, more presence and influence politically and diplomatically, (2), however, that the end of the Cold War and the ensuing disintegration of the former Soviet Union and its collapse formally has led to the end of the balance of power, former international to be replaced by a unipolar, which featured on the peak States United States of America. However, it is useful to note that the international balance of power I want it over time stabilizing ensure the structural characteristics of the international political system, by preventing the aspiration of one of the major players in the international arena to increase its power at rates higher than the other of State and the direction which allows them to control the political system existing international and convert it later to another system and for the sustainability of this policy is assumed to act forces acting toward each other in the light of a specific rules and that these rules do not rise to the feature of common law that determines the behavior patterns international political, however, can understand the balance of international in the sense that case, which is characterized by the distribution of balanced or semi-balanced force and effect between the fundamental forces in the international political system (3). Consistent with the foregoing, it can be said that the conflict Russian-American at the current stage is one of the most important subjects that fall in the field of international political relations, especially since the world began going through the task of fundamental changes in the environment, the international political system during the first decade of the third millennium, as the United States remains sited at the top of the pyramid of international political and constitute an important and essential in the management of conflict international since the end of the Cold War has led to the emergence of a superpower and one trying to impose its hegemony and influence over the world as it is trying to extend its influence and control over the area were not within the areas of influence of past and national interests direct the Caucasus region, which was affiliated to the Soviet Union in the face of all this there was a development of a key international political environment and is one of the most important developments in the political history of mankind, represented by the emergence of a world power a huge budget of the U.S. role is Russia, the heir of the force ex-Soviet. has Russia succeeded in passing the phase transition that followed the era of the Soviet Union, and the concomitant difficulties of development, security and desire to play again the role of a broader international politics and its correct the imbalance that existed in its foreign policy, where The Russian efforts in recent years to achieve a specific objective is to restore its will in international affairs. It is believed by many experts and specialists affairs of the Russian that the economic growth rates high enjoyed by the country in light of macroeconomic policy will enable Russia to gain access to sixth place among the major economies of the world and, by the year 2020 between the economies of the five largest in the world, and the pursuit of Russian President Vladimir Putin and later Dmitry Medvedev to update Russian military force and provide them with the latest weapons and military technology developed will enable it to restore its military superiority and prestige in the international arena. The world has approached already confrontation interval, which will decide the outcome of the transitional phase, which began its features to appear and not the meaning of confrontation separating the rising powers and anti-American hegemony are going to approach the escalation of differences with the United States to end military confrontation or below the a little as it means that these forces will focus its efforts in the coming years to promote sites rise in the pyramid of international political and the achievement of the reasons for its renaissance and its supremacy gradually and accumulation, but firmly and will try as much as possible raising the cost borne by the United States to maintain its dominant role in international affairs, which began these forces seeking to truly realize (4). According to the above, one can say that the world had seemed to pass in transition and transition in an international political system of the unipolar system carries the features of an empire and deal with some behaviors, tools and ambitions to another system no one can currently bet on Ksmath and characteristics and patterns of potential interactions and potential. go out the content of this study to search in the most important political changes of the conflict Russian-American on the Caucasus and This study attempts to answer for key question is to you that the Russian-American conflict on the Caucasus region will lead to a process of change in the current international balance of power? And stems from the basic question that a group of sub-questions that this study is trying to answer them and are: what is the importance of the Caucasus region for the Russian and American parties? What are the causes of war in the Caucasus and its consequences? What are the paths Russian-American conflict in the current stage? What shifts the balance of power international anticipated?. The study is based on scientific hypotheses to the effect that the conflict Russian-American on the Caucasus region will lead to a change in the balance of power existing international Accordingly, whenever the growing role of Russian in the Caucasus, the less the role and influence U.S. in that region, and vice versa, because the lesser the Russian role in the Caucasus region where the growing role and influence of the U.S. in that region. The study was based on the analytical method and the inductive approach in order to reach the results of scientific objectivity minute serving of this research. There is no doubt that Russia is becoming an important force pushing for political change in the world and returned a party to his weight in international politics to lead the international position of refusing to the uniqueness of American leadership and international can be said that how they will employ them all by the elements of strength as it makes the forces able to exercise the role of an active and essential in the overall international policy is the one who will rule in the next stage how the quality of the change in the international balance of power. The conflict Russian-American on the Caucasus region will generate new results and the task of returning a whole to change the international balance of power now and in a form that leads to the end of an era single unipolar power and hegemony to the benefit of other system features began to emerge in the region has become of particular importance in the world, namely the Caucasus region.

Mortgage and controls employed in legitimate transactions

Journal of Anbar University for Law and Political Sciences, 2010, Volume 1, Issue 1, Pages 324-354
DOI: 10.37651/aujlps.2010.120589

Plays finance a vital role in the economic life of contemporary and became a lead core functions through contractual gained describe funding and became known by the expression of the funding role played by in order to achieve the goals intended them. And occupy real estate finance among other types of funding very important due to the need people pressing them, especially housing them and what it takes to be funded from large amounts of capital compared to the financing of movables, reflected this importance formulas contractual that is real estate financing through dropping these formulas are the role of the functions of financial importance were not enjoyed by Besagha traditional, and these formulas : 1. Installment sale: that the establishment of a company engaged in the retail sale of the property which is owned by the buyer the price paid by the last question in the form of periodic installments determines the amount of the premium paid and the time commensurate with the financial ability of the buyer to pay (1). 2. Leasing real estate: In this decade, the taxpayer (company or bank) practiced this activity to buy real estate or agreement with the contractors to build and then lease to the client for premiums take into account the identified along with coverage for the use to recover the taxpayer for the price of the property and when you pay the last installment the taxpayer ownership scheme property to the tenant (2). 3. Istisna buildings: to ask the buyer of the manufacturer to build a property specific to the land owned by the buyer who shall manufacturer so either by itself or to contract with contractors for this purpose with the payment of construction costs that is the buyer for the maker of the taxpayer later installments periodically agreed in addition to an increase in the cost of a fee-funded (3). 4. Contract for the sale of buildings under construction: being done by the owner of the construction project contract with the buyer or buyers who wish to join the project handed over Faltzm buildings built on land owned (as opposed to istisna'a buildings) for regular premiums paid by buyers in the manner agreed upon (4). 5. Mortgage agreement and in which the financier lends the buyer (investor) the value of the property you want from the vendor or contractor who Sabnyh or to pay him the price with receiving a transfer the rights of the seller or contractor by the investor who will pay the loan amount and the cost of financing in the form of periodic installments to guarantee mortgage property or land to be built upon. and is subject to retail in Iraqi law, the provisions of the contract of sale (5), and subjected the Iraqi legislature istisna'a buildings with the provisions of Entrepreneurship (6), while missing the organization's legislative finance lease and contract for the sale of buildings under construction, despite an alert Jurisprudence of Iraq to the importance of those two alternatives Altamoalitin (7). As for the mortgage agreement is as well as the absence of legislative regulation has not discussed at the level of jurisprudence in Iraq, despite its importance and the advantages achieved by no other funding formulas achieved until tomorrow of the most important factors affecting the real estate market in a recession or its activity and this is why the legislator in France and Egypt to organize legally and find a wide array of legal tools and material necessary for the implementation of this Agreement and its role in achieving the goals associated with it. Perhaps the reason behind the lack of attention to the legislative and jurisprudential real estate finance in Iraq is the weakness of the environment real estate recession, its market due to political instability and economic development experienced by the country despite the need for society and the real estate market and its industry in Iraq to the stimuli mortgage, so I tried to discuss this issue and bring the image of the legislature of Iraq in preparation for the intervention of the legislative and drawing on the experience of France and Egypt in this regard, compared with a legal mortgage the French No. (579) in (16 / July / 1971), amended by Law No. (649) on 11 / July / 1972, the Egyptian real estate finance law No. (148) for the year 2001, adopted two different systems to the real estate, although they met the goals and objectives. has been taken into account the controls deployment plan has placed a brief attempt to focus on legal aspects of the mortgage agreement, which could be adopted in our legal system is divided into two sections: I: devoted to the definition of real estate finance in terms of identifying intended and its importance and legal nature. The second statement of the legal system in terms of identifying people