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Taking Over The Judiciary By Women And The Position Of Law From That: مثالا
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لمقدمة

     الحمد لله رب العالمين والصلاة والسلام على سيد الأنبياء والمرسلين نبينا محمد صلى الله عليه وسلم وعلى  واصحابه أجمعين  ومن تبعهم وأهتدى بهداهم الى يوم الدين اما بعد :

        فوظيفة القضاء وظيفة سامية يراد منها اقامة العدل ولا يستقيم حالهم الا به دفعاّ للظلم ، ولقد اولى النبي صلى الله عليه وآله وسلم ومن بعده الخلفاء الراشدون ( رضي اله عنهم أجمعين ) وفقهاء الشريعة الإسلامية القضاء العادل وكيفية اختيار القاضي الكفء عناية كبيرة ، مما يدل على أهمية هذه الفريضة في حياة البشر . فالرسول صلى الله عليه وآله وسلمكما كان مأمور بالدعوة والتبليغ ، كان مأموراّ بالحكم والفصل في الخصومات كما في قوله تعالى :" وانزلنا اليك الكتاب بالحق مصدقاّ لما بين يديه من الكتاب ومهيمناّ عليه فأحكم بينهم بما أنزل الله ولا تتبع أهواءهم عما جاءك من الحق ، لكل جعلنا منكم  شرعةّ ومنهجاّ ([i])"

كما ان سبب اختياري للكتابة بهذا الموضوع هو رغبتي في معرفة اراء العلماء في حكم تولي المرأة لمنصب القضاء وكذلك بيان الموقف القانوني في هذا الموضوع ، وقد أشتمل البحث على مبحثين وتوصية وخاتمة ، فضلاّ عن قائمة المصادر والمراجع

 

 

([i])  سورة الآية ، الآية – 48

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Publication Date
Fri Dec 01 2017
Journal Name
Journal Of Legal Sciences
The right to equality and the position of the constitutional judiciary
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The public rights and freedoms are important constitutional issues; hence, all countries confirm them within the constitutional and legal texts. The principle of equality is considered one of the fundamental principles of the public rights and freedoms; therefore, all authorities must sponsor equality and maintain it, even though it is difficult to achieve equality in absolute terms among all individuals. The constitutional courts use various concepts that affect their rulings, based on their interpretation and determination of the concept of the principle of equality, because there are several understandings of the “principle of equality”.

 A careful reading of the judicial decisions reveals different meanings to the co

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Publication Date
Thu May 30 2019
Journal Name
Journal Of Legal Sciences
The exception from the rule of annexation of ownership in French law
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The owner and possessor may meet in one person, thus who have these property they have its fruit. But in sometimes the owner is different than possessor, this happen in case the original owner succeeds in recovering his property or right. About that the legislations differed on the determination the person who deserves the fruits and whether the possessor is bona fide or mala fide. This paper is focused on the idea of the excluded from the rule of possession of the thing. And the applications of the rule (acquisition by possession) that belong to modern Roman law also the standpoint of Iraqi law.

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Publication Date
Sun Sep 30 2012
Journal Name
College Of Islamic Sciences
Customary marriage and the position of Islamic law on it
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Praise be to God, Lord of the worlds, and the best of prayers, and the completion of the blessing of our master Muhammad Al-Hadi Al-Amin, his family and companions, the righteous and those who followed his path and guided him to the day of judgment.
And after:
It is God's human honor that he has legalized marriage and made optimal goals and intentions for her:
1 establish a safe and reassuring life between the husband and his wife based on the tranquility and love and compassion is achieved through satisfying the instincts of the road project from the verse:  and that He created for you mates from among yourselves to find repose in them and put between you affection and mercy in this are Signs for those who reflect  ()

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Publication Date
Sat Mar 31 2018
Journal Name
Al-anbar Univrsety Jornal For Law And Political Science
Civil liability of police officers arising from damage to High-Speed Pursuits - study in light of the position of law and the American judiciary
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Since the invention of the automobile, no aspect of American life, including crime and its control, has remained untouched by this far-reaching innovation in transportation. Vehicular "hot pursuit"-when suspects in motor vehicles use excessive speed in attempting to elude the police. Unfortunately, accounts of wild chases across crowded inner city streets, through tree-lined suburban boulevards, and over remote country roads are very real and not merely fictional material created for entertaining television and motion picture audiences. The specter of "hot pursuit," complete with screaming sirens and red or blue flashing lights, has become a recurring fact of modem life.1 So, too, are the mishaps involving police vehicles or the vehicles pu

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Law Applicable to the Implementation of the Judgment of International Bankruptcy
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International bankruptcy is a legal system for those who take trade as a craft and stop performing their obligations of an international character as a result of a defect in their financial position. Legislative jurisdiction in cases of international bankruptcy is one of the most important topics of international bankruptcy by researching the position of national and comparative legislation by determining the applicable law such as the law of the court that hears the dispute or the law to which the attribution rule refers. 

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Publication Date
Sat Sep 30 2017
Journal Name
College Of Islamic Sciences
Ruling on questioning children by the security authorities: (Comparative Study between Sharia and Law)
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Some of the issues that have become common in our society recently after the Americans entered our country and were rubbed by some security agencies: obtaining some information from children, and the serious consequences that may lead to the lives of innocent people, became common interrogation of some security agencies and rely on their words.
There are significant cases where their testimony needs to be heard, such as their presence in some places where incidents are not witnessed by others, such as schools or being witnesses to certain crimes.
I saw the study of this case in the light of Sharia and law

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Publication Date
Fri Jan 10 2020
Journal Name
Journal Of Legal Sciences
Internal information of the company and the position of Iraqi legislation and comparative legislation to prohibit disclosure
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     Few people are familiar with the company 's internal information, through the job center they hold at that company, or perhaps through relationships with people familiar with it.

    If the sale or purchase of shares is based on that information, which was the reason for the insider's job or his relations with those familiar with it, which would lead to the collection of profits at the expense of people who do not have access to that information, all of which would violate justice in the financial market. The lack of access to that information was not due to the lack of effort by him to know the extent of this information on the prices of stocks, or lack of experience in the finan

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Publication Date
Sat Dec 01 2018
Journal Name
Political Sciences Journal
Protecting woman during armed conflicts under the development of international humanitarian law
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The international humanitarian law found the special rules to protect women meanwhile the armed conflicts whether international or non-international. These rules are adopted for woman because of two reasons : that she is from civilians and on the other hand that her special constitution demands a special protection. The international community's attention of women is increased as a result of the tragic situation that faced women around the world especially in the Middle East and particularly in Iraq during the American-British war and ISIS period, these two periods sort many negative effects that reach women such as captivity, slavery, sexual enslavement and rape women especially Yazidis and Christians....

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Crossref
Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The failure of international law to protect Iraqi cultural property from the intentional destruction by ISIS: A priority worthy of international protection
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The destruction and protection of cultural property has been a feature of armed conflicts for thousands of years and it has received increasing international focus over the past two decades. This feature was clearly appeared during the recent armed conflict in Iraq. During the conflict, cultural property was subjected to intentional and organised destruction by members of ISIS. Although there are international legal norms to protect cultural property during armed conflict, however, this destruction has proven the failure of those rules to effectively deter these criminal acts. This Article analyses the framework of international law relevant to the protection of cultural property during of armed conflict in the light of that destruction,

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Publication Date
Fri Jun 28 2019
Journal Name
Journal Of The College Of Education For Women
Empowerment of Women… From Value Education to the Creation of Human Morality
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    This research on women under the title (Empowerment of women…  From value education to the creation of human morality), includes a disclosure of the reasons that prevented women from performing their human role in the development of human societies and treatments that can provide to solve this big problem in the life These communities, especially the Eastern societies and the religious ones, believe that the woman has not received the care and care to raise her human values ​​in order to contribute to the required social contribution, for historical, economic, moral, religious, social and cultural reasons. And by shedding light on specific definitions of the most important rules on which the research relied

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