Volume 9, Issue 1, Winter 2019

controls in interpreting the legal texts

Adnan Ibrahim Abd

Journal of Anbar University for Law and Political Sciences, 2019, Volume 9, Issue 1, Pages 1-26
DOI: 10.37651/aujlps.2022.171671

The texts of the Sharia, represented by the Quranic verses and the correct Hadiths, have come to us in the Arabic language and have been conveyed to us in Arabic words and letters. And since Islamic law is a symbol of the laws of heaven, it is not prescribed after them. These texts came to address the human mind to the Hour. Therefore, the task of dealing with these texts is a delicate and difficult task that requires controls, rules and means to control the process of interpretation and development. So that the process of interpretation and devolution is a disciplined process of balancing the word and the meaning, between the verbal interpretation and the spirit and content of the texts, guided by the reasons for the descent, the events of the Hadith, the contexts of the discourse and the grammatical rules and Methods of rhetoric.

Iraq Between Federalism and Decentralism; A study in the Nature of Iraqi situation After 2003

Sattar Jabbar Allai

Journal of Anbar University for Law and Political Sciences, 2019, Volume 9, Issue 1, Pages 27-62
DOI: 10.37651/aujlps.2022.171672

In its narrower sense, federal‌ism refers to the division of au‌thority and function between and among the national government and the various state governments. Or the distribution of power in an organization (such as a government) between a central authority and the constituent. It’s a form of government in which power is held partly by a central authority and partly by a number of regional or state governments. Federalism has evolved over the course of American history. At different points in time, the balance and boundaries between the national and state government have changed substantially. In the twentieth century, the role of the national government expanded dramatically, and it continues to expand in the twenty-first century.

Legal trends of Iraqi oil trade

Batool Sarawa

Journal of Anbar University for Law and Political Sciences, 2019, Volume 9, Issue 1, Pages 63-105
DOI: 10.37651/aujlps.2022.171673

That Iraq was one of the first oil producing countries in the world and has more national experiences than the rest of the region in the field of oil industry، we see today as an importer of oil derivatives and has a deficit in these derivatives. Iraq has a large oil reserves، but Iraq continues to import oil derivatives، and has large stocks of crude oil extracted، and non-exporting، securing the needs of oil derivatives and achieving self-sufficiency has not received sufficient attention، despite rounds of licenses and oil contracts، which raised production levels significantly, but it has complicated the problem.The bitter reality that the oil trade in Iraq is witnessing is not only surpassed by the social، economic and subsistence situation، but also by the decrease in all humanitarian services such as water، electricity، oil products، medicine، hospitals and others.Oil as a commodity is not valued in its importance، meaning that oil is the most important commodity on the planet and countries that have interests in obtaining it at low prices، using the flag of this commodity reduces the price and makes it a normal commodity، and this should not be in the report of Iraq's oil trends. The right way that Iraq works on self-sufficiency of oil derivatives by working to strengthen the refineries and strengthen the infrastructure of the oil sector and the search for companies that achieve the interests of Iraq and the best way to conclude contracts with them، as well as the presence of 26 national companies form the structure of the Iraqi oil sector is able to promote this wealth Great patriotism.

Civil Divestiture in Bahraini Penal Code Comparative Study

Omar Fakhri Al- Hadithi

Journal of Anbar University for Law and Political Sciences, 2019, Volume 9, Issue 1, Pages 106-160
DOI: 10.37651/aujlps.2022.171674

Looking to the penalty as the mutual face of the crime is a mere interpretation of the crime’s elements though it does not mean that the concept of mutuality is among the punishment’s purposes. As the encounter is a mere legislator point of view method of reaction against crime but it is not a goal. As the justice is for punishment which cannot be fulfilled as long as alteration of the human behavior within the society is the main goal of the punishment. Hence, the basic of the legislator point of view in adopting some punishments which affect human rights which its deprivation has Effective and real impact that proportionate with the criminal character personality and the nature of the act he committed. It is the appropriate solution to whoever committed such acts. Therefore, its impact is much further than what can be gain from other punishments weather corporal or financial or incarceration regardless to its severity may not be adequate with the criminal character or may not have the same affects as those fulfilled by the punishments related to his acquired rights gained because of citizenship or humanity As most of the penal legislations stipulated civil deprivation as a supplementary punishment, weather Subordinate or complementary, to other fundamental punishments, however, some of them, in addition to the above nature, stipulated such punishments as a fundamental. So, if the civil deprivation is a penalty by which the convict to be prevented from practicing specific rights, so it should be always considered criminal. The issue which is most important that it is a fundamental punishment that most legislations link it with political crimes as related with the honor and dignity, which means it is the most proper penalties for such crimes.

Issues of Citizenship in Iraqi Press- Analytical Study of Editorial Content in the Two Newspapers (Al-dustor- Al-taakhi)

Abdul-Rahman Ali Hamad Alfahdawi

Journal of Anbar University for Law and Political Sciences, 2019, Volume 9, Issue 1, Pages 161-196
DOI: 10.37651/aujlps.2022.171675

The subject of citizenship is one of the important subjects in Iraq , especially after the us occupation of Iraq on 9/4/2003 , and what the occupation added of confusion and difficulty in consolidating the relationship between the ruler and the ruled in light of the political , divisions and the personal interests of the political class that led to the weakness of the existence of rights and services provide to the citizen , and on the other hand , weakness of allegiance and joining people of the situation of Iraq the most desirable to the sense of citizenship in our current condition . In addition , Iraq was subjected to an organized terries attacked to occupy a number of it's cities by ISIS terrorist organizations , and thus the citizen's sense of despair and creating a crisis in consolidating the relationship between the citizen and the state as well as the formation of the new Iraqi state according to sectarian , national and tribal data , and consequently the dispersion of the original identity to the sub- identities the people centred around , and was established by the occupation and thus the establishment of a system of sectarian , ethnic , religious and regional quotas in the country which led to prejudice to the values of citizen ship and deepen the division and divisions In the sense of the researcher to the importance of the subject of ( citizenship) in this extraordinary condition Iraq is going through , this scientific attempt was conducted to the subject of our research paper in the vole.

Political awareness and building democratic experience in Iraq after 2003

wajeeh afdo Ali; mahmood azzo

Journal of Anbar University for Law and Political Sciences, 2019, Volume 9, Issue 1, Pages 197-216
DOI: 10.37651/aujlps.2022.171676

The study deals with the problem of building democracy in Iraq and the absence of political awareness that is consolidate its presence in Iraq political life. Therefore, the importance of research is to study and analyze the relationship between democracy and political awareness on the one hand and build a solid democratic experience in Iraq after 2003 on the other, without wading into the factors of failure. This led us to use the analytical method to explain the problems and address the imbalances that inherent in the Iraqi experience of democracy, and then propose solutions and recommendations, the most important of which is that iraqi democracy in need to the existence of mature political awareness among the members of the community to establish it and accept its results.

The Correlation between human trafficking and terrorist phenomenon

Samer Saadoun AL-Amiri

Journal of Anbar University for Law and Political Sciences, 2019, Volume 9, Issue 1, Pages 217-254
DOI: 10.37651/aujlps.2022.171677

The problem of this study focuses on the reasons behind the continuation of human trafficking, the violation of human dignity, the deprivation of liberty, and how to combat organized crime when it is based on terrorism, which is the appropriate environment for the rapid pace of such operations. The organization aims to finance its terrorist operations, which leads to the increasing strength of these groups, which led us to discuss this problem and find possible solutions to it.

Legal regulation of freedom of peaceful demonstration in Iraq (Comparative legal study)

Hayder Abdulnabi Tooly

Journal of Anbar University for Law and Political Sciences, 2019, Volume 9, Issue 1, Pages 255-282
DOI: 10.37651/aujlps.2022.171678

Peaceful demonstration is an important means of expressing opinion and pressure on official and governmental bodies to achieve certain demands or to put these demands effectively. The right to peaceful assembly by sit-ins, demonstrations and strikes is one of the most prominent aspects of this right. The promotion of political stability and the democratic process and the empowerment of individuals and groups to practice the right to peaceful demonstration as a right in harmony with freedom of association and the right to form and join parties and unions leads to a civil society in a state of harmony with the government. Be in conflict with the government, but the role of civil society institutions must be the creation of a citizen that respects the state and seeks to participate in it.

Legal System of Tour Guide Contract in Iraq

Rabab. H.Kashkool

Journal of Anbar University for Law and Political Sciences, 2019, Volume 9, Issue 1, Pages 283-317
DOI: 10.37651/aujlps.2022.171679

Realizing the importance of tourism as an economic source for the country, the legislature has made serious efforts to regulate the entities responsible for such activity in order to attract tourists. This includes making organization of tourist trips and related services limited to certain business: tourism offices and companies; and working on preparing experienced, competent individuals who escort and guide tourists to tourism sites, known as tour guides. Tourism offices and such guides collaborate to guide their clients through an agreement known as “tour guide contract”, legal system of which under Iraqi law is examined in this paper.

Criminal effects of crimes against personal liberty -A comparative study

Mohamed Hasan Merie

Journal of Anbar University for Law and Political Sciences, 2019, Volume 9, Issue 1, Pages 318-355
DOI: 10.37651/aujlps.2022.171680

Personal freedom is especially important because it includes rights that are close to the personality of the human being and are necessary for its survival and development. It reflects the human entity and therefore cannot be wasted or exposed to it in any way. Otherwise, the responsibility and the consequences of the latter must be exercised. However, this does not mean at the same time unleashing freedom. The exercise of freedom and the enjoyment of personal rights are in accordance with the standards and regulations set forth in the laws. Individuals are therefore obliged to organize their freedoms with the freedoms of others. The individual is left in a certain domain, for his own exercise and freedom according to his own volition. A It is also obliged to participate in public life and to take responsibility if they exceeded their freedom, and this in itself is a thorny raises many problems, most notably raised by criminal responsibility and procedures, which sets a range, scope and ability to protect individual freedoms and enable them to enjoy personal freedom without the others exposed to them.

The crime of smuggling migrant in the light of international criminal law

Adulqader Hussain Joma

Journal of Anbar University for Law and Political Sciences, 2019, Volume 9, Issue 1, Pages 356-413
DOI: 10.37651/aujlps.2022.171681

The phenomenon of smuggling of migrants is a modern image of illegal immigration, the phenomena of human smuggling are based on professionalism in the practice of criminality and means to achieve its goal can be defined as enabling of migrants can be defied as enabling a person to illegally leave the state with which he intends to leave for political or economic reasons to enable person to enter the territory of a state in order to commit that person with his sexual link or commit that person to enter the territory of a state in order to commit that person with his sexual link or to enable him to remain illegally. The pillars of this crime are the material and moral foundation as well as the location of the crime. The characteristics of this crime in the crimes of persons as well as the crime of the insertion and are subject in terms of spatial jurisdiction to the comprehensive jurisdiction and the crime of smuggling of migrants share the crime of trafficking in human beings in many points of substance and despite the similarity of crimes but there is difference between them especially in terms of the nature of the criminal conduct of both. As for the aggravating cirumstau castanetances comparative national legislation provided for arrange of circumstances which necessitate the removal of the penalty of the perpetrator. These circumstances include the commission of the commission of the crime by organized group, the multiplicity of perpetrators. The carrying or threat of use of force committing several times and impersonation and the purpose of committing it and the offender’s prescription as to the excuses of the punishment. The comparative national legislations provided for the maintenance of family ties.

Limitation in criminal evidences The

Ammar Rajab Maishir; Oday Tulfah Mohammed

Journal of Anbar University for Law and Political Sciences, 2019, Volume 9, Issue 1, Pages 414-435
DOI: 10.37651/aujlps.2022.171683

Research studies have dealt with the limitation clause in detail, especially with regard to the statute of limitations of the case and the statute of limitations. However, there is an omission to highlight a significant type of statute of limitations that has not been addressed at the jurisprudential level, which at first sight is difficult to understand in terms of the recipient's conviction of the existence of this type of The statute of limitations, which is the statute of limitations of the criminal evidence, which goes to the lack of legal value of the guide to be submitted to the courts after the passage of time prescribed by the legislator, then this type of statute of limitations is one of the most dangerous species if we can express here that this is Prejudice For criminal justice, particularly in cases where the limitation period is very short and not commensurate with the great impact that the consequent occurrence.

Parliamentary Good Governance and the Mechanisms of application it under the Constitution of the Republic of Iraq 2005

Khitam Hamadi Mahmood

Journal of Anbar University for Law and Political Sciences, 2019, Volume 9, Issue 1, Pages 436-464
DOI: 10.37651/aujlps.2022.171684

This research paper that entitled "Parliamentary Good Governance and the Mechanisms of application it under the Constitution of the Republic of Iraq 2005", comes to study the concept of governance and the most important mechanisms to achieve it in Iraq, also, strengthening the traditional constitutional functions of Parliament. Parliament considers the true representative of the people in the exercise of sovereignty. Also, the main job of Parliament represented in preparing legislation that reflects the needs of people and monitoring the Government's work aiming towards implementing the aspirations and desires of the people. Thus, Parliament is considered the mirror of a society with all its strength or weakness, this is a challenge for the development of parliamentary work and reforming it with a flawed reform in various aspects, especially that Iraq has witnessed a democratic transition after the adoption of its constitution of 2005, which presupposes a strong parliament capable of meeting these challenges .This study showed that the provisions of the Constitution of Iraq of 2005 include many defects and gaps that weakened the performance of parliament and affected its independence, as well as the contribution of the Federal Supreme Court through many of its decisions in achieving this weakness in performance and independence, which requires upgrading the performance of Parliament in the legislative and regulatory areas through the amendment of the Constitution and the rules of procedure of the House of Representatives, as well as the legislation of laws that contribute to the achievement of parliamentary good governance in Iraq.

Violations by Daesh and International Coalition Forces for Human Rights in Iraq: 2014-2017

Jabbar H. Saeed

Journal of Anbar University for Law and Political Sciences, 2019, Volume 9, Issue 1, Pages 465-478
DOI: 10.37651/aujlps.2022.171685

The aim of this research is to make an overall assessment for the situation of human rights in Iraq, taking the year 2014 as the launching point. That year witnessed the beginning of a chain of major events in the country’s history; the first was the control by the elements of what is called Islamic State (IS) over most Iraqi cities in northern and western of the country, while the second was human rights violations have been committed by the extremists groups and US aristrikes and their alliaces from the other states, those who were involved in the human rights abuses such as the torturing of civilians, mass killing and enforced women into sexual slavery, in particular in areas, namely in Mosul for Yaziddis women. The research problem is that the issue of human rights in Iraq is still fragle due to the abuse to the human rights, it has faced seriouse challenges, starting with the Saddam regiem. for its severe violations of human rights. Secret police, state terrorism, torture, mass murder, rape, deportations, forced disappearances, and assassinations, these violations have continued even after the collapsed of saddam regime in 2003. Rather the US and its allies continue to commit more crimes against civilians of the Iraqi people . The significance of research is to understand virouse violations that have been committed by both the Islamic State miletants and the global coalation led by the US. This research pays an attention on the statues of human rights in Iraq subsequent to 2014 onward. In order to make the picture clearer to the reader, hidden aspects have practiced by involved actors above mentioned. The findings of the research shows that the Islamic State (IS) militants is committing genocide against humanity and the IS also is responsible for the kiddnapings, detentions, touture, ill-treatment, raping of women, sexual slavery, and the proscutions. Besides, the global coalation led-by the US and their alliances were also accused of killing civilians by aristrikes. Of the total number 3.2 million Iraqis were internally and externally displaced.

The Legal Status of IVF Embryos in Iraq

Khaled Hamad Fayadh

Journal of Anbar University for Law and Political Sciences, 2019, Volume 9, Issue 1, Pages 479-501
DOI: 10.37651/aujlps.2022.171686

This paper has examined the legal status of IVF human embryos under Iraqi law. As, there is no legal provisions that regulate and cover this issue in Iraq. It has considered the new changes that have been brought and raised as a result of assisted reproductions, especially in vitro fertilization technique and its influence on the legal status of embryos. For that, this paper set out and analysed Iraqi legislative provisions pertain human embryos, that showed that a human embryo cannot be a person, property or part of mother's body, but it has special status entitles human embryo to get legal protection, and it is eligible for some legal rights that are contingent with to be born alive. The special legal status should be granted for all conceived embryos, regardless method of creation of embryos, In addition, it has been argued that surplus embryos that are created and cryopreserved at laboratories have no similar status to conceived embryos, where they just consider a biological materials, until they are transplanted into a mother's womb. So that, the standard for granting a special status to human embryos, is the actual existence of embryo inside mother's womb.


Ali Mahmood Yahya

Journal of Anbar University for Law and Political Sciences, 2019, Volume 9, Issue 1, Pages 502-531
DOI: 10.37651/aujlps.2022.171687

Children are gift of nature. Children are asset of nation and they shapes the future of nation and roots of future are always found in the past and past is nothing but it is the present which tomorrow will become the past. Every parent attempts to give best of their life to their children though there are tremendous things which make children vulnerable due to their physical and mental immaturity. The presence of children living on the street has elicited emotive public concern, been given considerable media coverage and it is become a matter of priority for national and international child welfare organization. The asset of nation is looking in danger by looking towards child related issues. In this article an attempt is made to present an overview that how vulnerability of children’s, violation of their human rights, various forms of violation of their rights, international instruments dealing with protection of children’s rights and suggestions in this regard