Volume 7, Issue 2, Autumn 2017, Page 1-298

Toward Modern originating of the Civil Responsibility for the Damage caused by the information through internet Comparative Study in the Islamic Jurisprudence and The Positive (Human) Laws

Journal of Anbar University for Law and Political Sciences, 2017, Volume 7, Issue 2, Pages 1-21
DOI: 10.37651/aujlps.2017.132545

{The piece of information that can be exchanged easily and quickly through the internet could cause a damage to someone's reputation, or to a particular society, or even to all human beings, especially when this information urges for terrorism or to break the laws. As the classic division of things is based on the distinction between the material things and moral things, this would lead to a number of disadvantages and may cause
) لدمٛ جاوعٛ ا ٥ بٌاس لمعم إلقإ ٌٌٛٗ ألظ اٗط ٛٗ - العذد الثالث عؼش - المجمذ الثا - الظ ٍٛ ) 2017
criticisms, because this division would exclude the moral things from the domain of civil responsibility. According to this division, the moral thing are not enlisted under any of the two material things: Finance and Properties (Holdings). Today, since the damage could be caused by both the material and moral things, and since the entities or moral things could cause a damage larger many times than that damage caused by the material things, for all these reasons, it becomes necessary to establish the responsibility in the civil law for the damage caused by information and similar logical entities, in cope with modern developments. This is what the research aims to achieve.

Force and its impact on the management of the international system

Journal of Anbar University for Law and Political Sciences, 2017, Volume 7, Issue 2, Pages 22-36
DOI: 10.37651/aujlps.2017.132549

The research deals with the interpretation and analysis of the subject of force, and its transformation from the fact that force depends on military power to the fact that it has become dependent on various factors, including technology, economy and others. The research also analyzes and explains trends in the transformation of the international system, and how it is affected by changes in power.

The Insurance Against the Sports Accidents that caused Ending career Disability

Journal of Anbar University for Law and Political Sciences, 2017, Volume 7, Issue 2, Pages 37-55
DOI: 10.37651/aujlps.2017.132550

Sports activity is a professional activity and a source of income for many people working in this activity. These groups seek to protect this resource and protect it from the risks it faces. The risks of sports injuries, which are exposed during sports, are
) لدوٞ دا عًٞ الا بُاز هوعو اهقا ُُٚ٘ٞ اٗهطٚاضٚٞ - اهعدد اهجاهح عػس - المجود اهجا ُٛ - اهط ِٞ ) 2017
the most important risks to workers in the activity Because sports practice involves a risk posed by the nature of sports, because of the conflict and physical competition, which may result in injury to the participant in sports activity disability permanently disrupted from work; so they seek to obtain a guarantee of money In order to cope with the inability to work in the sports activity that may be caused by the sports accident. This financial guarantee is reflected in the insurance concluded by the participants in the sports activity with the companies operating in the sports insurance sector, and emphasizes the importance of this insurance to the parties. For the participants in the sports sector, , Which motivates them to exercise, and they are reassured of their jobs from the risk of permanent disability injuries, which ends their work, and for the counterparty, this insurance is an attractive environment for insurance companies; considering the size of the amounts covered by it. The difficulty of determining the scope, type and legal nature of this insurance, including the required treatment of the intended cause of sports disability causing the disability to work in sports activity, and distinguish them from other injuries, without losing sight of the consequences

The impact of the failed military coup in Turkey (July 2016) on its future with the European Union

Journal of Anbar University for Law and Political Sciences, 2017, Volume 7, Issue 2, Pages 56-72
DOI: 10.37651/aujlps.2017.132553

The aim of this study is to make an overall assessment to the future of the relations between Turkey and the European Union. The subject of Turkey's incorporates to the EU Council has been discussed from different perspectives by both the two sides, since Turkey has started to apply as a member to the European Union. However, what has been happened in Turkey, namely an attempt of military coup that targeted Erdogan's government on one hand, and made Turkey go back to what
)2017( بص ٣ٍ دا عِ ٣ ا٭ بٔاز عٌٍ ٍٝ ا مٌا ٝٔ ٟٔ ٣ ٜا طٌٟاضٟ ٣ - ا عٌدد ا جٌا حٌ عػس - المج دٍ ا جٌا ٠ٔ - ا طٌ ٣ٕ
came before on other hand. Despite, the painstaking efforts that made by Turkey in this regard.
The findings show that incorporating Turkey to the European Union is an impossible scenario at the time, if not difficult due to the consequences had left by the coup upon the domestic political situation of Turkey towards its relations with the EuropeanUnion. Keywords: Turkey, European Union, Military Coup, Erdogan's Government,Turkey Military Institution, Detentions.

Marriage of minors in Iraq between lawlessness and family domination

Journal of Anbar University for Law and Political Sciences, 2017, Volume 7, Issue 2, Pages 74-90
DOI: 10.37651/aujlps.2017.132559

The issue of the marriage of minors
is one of the issues that must be
addressed and addressed, they
represent part of the problems related
to women's affairs and has been
addressed by Muslim jurists to
develop effective solutions and
ensure that women do not exploit
them, and they represent the most
prominent part now in women's
affairs in general, The other side of
the mountain has opened the water to
which the jurists, the scholars,
descend from time to time to lift it a
little above the surface of the water
and sit on its back. The marriage of
young women raises a lot of
confusion nowadays because of
different customs and traditions than
in the past. A large family includes
all the small and large family,
married with his wife, and unmarried,
and as a result did not ask the wife -
small or large - to do all the marital
work as well as the cottage, but was
the division of work among all
members of the family, The
phenomenon of the independence of
the son with his wife in a single
house once their marriage, the burden
became large on the girl who entered
the marital home recently, the wife in
our society is to take care of the
husband and children and attention to
all details of married life, which
reflected negatively on their ability to
manage this small community, Age
has not strengthened In recent years,
the phenomenon of marriage of
minors has grown steadily due to the
economic and social conditions
experienced by our country in recent
years. The voices demanding the
marriage of girls, even if they are
small, under the pretext of
guaranteeing their future, have
increased. Of the risk of
spinsterhood, as well as what we hear
from the benefit of marriage small
but not large because it is more fertile
and the ability to reproduce, as they
are more obedient, and other excuses
launched by supporters of this type of
Despite the spread of this
phenomenon in our society, it has not
been studied in a scientific manner,
and left to the voices stammering
calling for the marriage of minors
without regard to the risks that can be
exposed to those small as a result of
their young age, and the violation of
the rights guaranteed by our Sharia
Islamic glue, and the law of personal
status Iraqi No. 188 of 1959
amended, which prevented the
marriage of those under the age of
nineteen only in two cases will be
explained in this research. We will
also show how to confront this
phenomenon, which began to spread
in our society due to increased
underdevelopment and terrorism.

The position of the Aarhus Convention on Access to, Collection and Dissemination of Environmental Information

Journal of Anbar University for Law and Political Sciences, 2017, Volume 7, Issue 2, Pages 91-108
DOI: 10.37651/aujlps.2017.132578

The Aarhus Convention was adopted in 1998 to provide environmental information for public, participation of public in the environmental decision and ensure recourse the public to justice in this regard, that they essentially came to codify the principles that supporting human right in clean environment, protection and prevention of pollution, so the situation of the Convention is supported to the position of international, regional
) مجل جامع الاىباز للعل وْ القاى ىْ اّلط أض - العدد الثالث عػس - المجلد الثإى - الطی ) 2017
organizations and others which call to
allow for public to follow what
happened on change in the world
especially in the environment sector
The Aarhus Convention has
sought to establish general rules to
organize mechanism for the purpose
of responding public requests to give
the environmental information, by
focus on environmental information
on the Convention and the role of
public authorities in the countries to
help their community to give the
information and organize the
information and Convention guidance
to competent authorities with legal
and practical steps to achieve desired,
Taking into consideration the security
concerns, the rights of others and
other specific considerations when
deciding on requests for access to
environmental information.
On the other hand The Aarhus
Convention obliging States parties, to
collect the information according to
the rules of account registers and lists
of inventory on a scientific basis, to
be ready for deployment to
community by available means like
electronic and other social media,
besides the focus on information of
pollution and prevention of pollution
and waste disposal sites.


Journal of Anbar University for Law and Political Sciences, 2017, Volume 7, Issue 2, Pages 109-124
DOI: 10.37651/aujlps.2017.132579


The political problem and the building of the civil state in Iraq after 2003

Journal of Anbar University for Law and Political Sciences, 2017, Volume 7, Issue 2, Pages 125-142
DOI: 10.37651/aujlps.2017.132580

It was at the forefront of research review inception State in Iraq and the British will to a State of great role and importance in the lives of people and communities, and also indicate some factors of collapse by the American occupation in 2003. Then search addresses political problems which hinder steps to reestablish civil State in Iraq, before political dilemmas search addresses in detail discussing preliminary State and characteristics of civil, civil means versus a meaning of civilization and urbanism and is opposite the military and religious, secular and constitutional legal human reference based on separation of powers and a State citizen and political pluralism and party-based and diversity in cultural and intellectual currents peaceful transfer to power and finally as democratic.
The first section refers to the absence of State-building and political philosophy is one of the most important missing elements in State-building project, where it has not been clarified in the Constitution as it is absent from the thought and practice of political parties in the Iraqi political arena.
The second section dealt with sectarian quotas and is adopted by Brimmer as a mechanism for the allocation of posts, and disastrous solutions on Iraq, they have contributed to the phenomenon of self determine and sectarian divide. And entrenched forces and sectarian
) بصوٞ دا عًٞ ا ٨ بُاز هوعو اهقا ُُٚ٘ٞ اٗهطٚاضٚٞ - اهعدد اهجاهح عػس - المجود

The legal nature of the retention-of-title clause as collateral

Journal of Anbar University for Law and Political Sciences, 2017, Volume 7, Issue 2, Pages 144-188
DOI: 10.37651/aujlps.2017.132581

The development of economic and social life and the lack of financial possibilities led to the resort of the buyer sometimes to postpone the fulfillment of the price of both or some, So the seller had to look for a way to guarantee his right to the price of the sale, In this sense, the reservation clause of property emerged as a means of guarantee allowing the seller to retain ownership of the sale even though it was in the buyer's possession until full payment had been made, The various legislations have approved the validity of this clause, Despite its prominent legal and economic standing, its legal nature remained ambiguous and complex, As there
) مجل جامع إٟنباص للعل مُ القان نُ إَلغ اّع - العزر الثالث عؾض - المجلز الثان - الغه ) 2017
were many jurisprudential opinions and conflicting judicial rulings without reaching a decisive result in this regard, Which led us to the pit in the midst of this difference in order to determine more accurate this nature in line with the provisions of Iraqi legislation.

Arbitrariness in adhesion contracts

Journal of Anbar University for Law and Political Sciences, 2017, Volume 7, Issue 2, Pages 189-211
DOI: 10.37651/aujlps.2017.132582

regulate fully and directly, and that he did not put a precise definition and comprehensive concept of contract adhesion, as well as the concept of abusive conditions, and on the legislator to regulate the provisions of the contract to comply with a suit with the development in communities economically and socially which produced a need for these contracts in order to Providing protection of weaker party and the reduction of compliance

IMF loan to Iraq 2015 and its impact on the relationship between the central government and the KRG

Journal of Anbar University for Law and Political Sciences, 2017, Volume 7, Issue 2, Pages 212-241
DOI: 10.37651/aujlps.2017.132583

The Iraqi economy has been hit hard by the double shock arising from the ISIS attacks and the sharp drop in global oil prices. Iraq has great difficulties to financing the general budget ,and Iraqi economy faces serious and pressing challenge ,iraq has been hit hard by the conflict with ISIS and the precipitous fall in oil prices. The ongoing armed conflict with ISIS continues to strain the country’s resources and is resulting in new waves of internally displaced people, now reaching over 4 million. Around 10 million people, comprising some 27 percent of the population, are in need of humanitarian assistance. The steep fall in oil prices is causing a large external shock to the balance of payments and budget revenue, which depend predominantly on oil export receipts. So the Iraqi government has concluded an agreement with the International Monetary Fund , the loan gives Iraq a 5.34 billion dollars to cover public funding and post-war rebuilding for reconstruction and economic development . iraq’s

Procedures for instituting direct constitutional proceedings under the Constitution of the Republic of Iraq for 2005

Journal of Anbar University for Law and Political Sciences, 2017, Volume 7, Issue 2, Pages 242-275
DOI: 10.37651/aujlps.2017.132584

The constitution of the Republic of Iraq for the year 2005 grants the official bodies and persons the right to file a case directly before the Federal Supreme Court, so that these parties can appeal through the direct constitutional action must follow a set of formal procedures specified by the legal texts without which the
)2017( بص ١ً جا عَ ١ الا بْار ی عً ًٛ ایکا ْٛ ْٝ ١ ٚایصٝاشٝ ١ - ایعدد ایثایث ععر - المج دً ایثا ْٞ - ایص ١ٓ
lawsuit is not accepted, On the
necessary rules governing
how these parties resort to the
constitutional judiciary to
challenge it through the direct
constitutional case, and based
on that we have addressed in
this research all the
procedures to be followed
when challenged through this
lawsuit before the Federal
Court In this section, we have
devoted the first to the formal
procedures for the
establishment of a direct
constitutional case, in which
we discussed the method of
submitting a direct
constitutional motion before
the Federal Supreme Court
and the statements that must
be made in the petition and its
communication to the litigants.
And adjudicating it in the direct
constitutional case and issuing
the verdict and concluded with
a number of conclusions and

The effect of the amnesty on the disciplinary responsibility of the employee

Journal of Anbar University for Law and Political Sciences, 2017, Volume 7, Issue 2, Pages 276-298
DOI: 10.37651/aujlps.2017.132585

The current study deals with the relationship between the discipline crime and criminal crime in respect to the effect of Criminal claim expiration by exceptional. We could see that ,when an employee commits an offense or a sin , it considers at the same time as a discipline or criminal offense. He is thus being punished with criminal and discipline methods owing to the same deed. It also could say, when he commits an offense (out of the employment context) ,it leads to form a criminal crime having consequences via punishments on his job . This actually leading to the criminal claim expiration by one of these methods and that , in return, could finish the discipline
) تزل جامع إلانباز للعل مُ القان نُ إَلط اّض - العدد الثالث عػس - المجلد الثان - الطه ) 2017
liability . We have concluded that the discipline crime separate from the criminal crime in nature , constructs and procedures. Despite this independence and differences aspects between them , but there are complex interrelations between these two crimes .The amnesty , with all its types , could affect the discipline liability in the criminal crime that could not be as discipline offense and also this matter as far as that concerned with the legal procedures cease against the accuse.