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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
Thu Dec 31 2020
Journal Name
College Of Islamic Sciences
: Islamic law; perfection The rule of perfection in Islamic law and its impact on the creative construction of the individual and society: The rule of perfection in Islamic law and its impact on the creative construction of the individual and society
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This research explains to us the role of the Islamic religion in the issue of accuracy in speech and work, and how it is closely related to human production in his life, and Islam affirms that his idea is mainly reflected in his production, and how it affects the perception of the meaning of creativity. Therefore, our Islam affirmed the accuracy in every word or work we do to build a society in which people enjoy high quality in ethics and dedication in their work so that the Islamic system depends on humanity to preserve our rights on the other hand the research discusses the deliberate default and how it reflects on our production and how it makes it less good.

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Publication Date
Mon Jan 01 2018
Journal Name
Al–bahith Al–a'alami
Using Social Media sites by the Iraqi women and the Achieved The Use of Iraqi Women of Social Networking Sites and the Satisfactions Generated from Them.: A Survey Study of the City of Baghdad
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The problem of this research lies in the fact that there is a lack of accurate scientific perceptions about the size of the use of Iraqi women’s social networking sites and the motives behind this use and the expectations generated by them.
The goals of the research are as follows:
1- Determine the extent of Iraqi women’s use of social networking sites (Facebook, YouTube, twitter, and Instagram).
2- Investigative the motives behind the use of social networking sites by Iraqi women.
3- Detecting the repercussions of Iraqi women’s use of social networking sites (Facebook, you tube, twitter, and Instagram).
The research is classified as a descriptive one. The researchers use the survey methodology. The research commu

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Publication Date
Wed May 29 2019
Journal Name
Journal Of Legal Sciences
Legal certainty through clarity and easy access to the law
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The basis of legal clarity is contrary to the idea of natural justice, it is fair and fair that the law is clear and easy to understand, and this principle is today one of the most important elements of legal certainty through which the legislation is sought and the individuals are assured of their rights and subject to the obligations incumbent upon them , Clarity is achieved by paying attention to the issue of legal drafting and assigning it to specialists, with the aim of achieving the application of the rule of law and good governance and enacting well-developed and sophisticated legislation, in harmony with the Constitution  and not  in contradiction  with other laws , and  a concept  in the general public a

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Publication Date
Mon Dec 23 2019
Journal Name
Journal Of Legal Sciences
Criminal law and the need to philosophy
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This is a philosophical statements regrading the structural and functional ponds between criminal law and philosophy.

          Aiming to prove the practical value of philosophy regarding the question of the true nature of law in general and criminal justice – law in particular.

          We try to revel the deepest connections that shape the fundamental character us tics of law in reality far from the misunderstanding general by social, political and cultural influences that affection negatively the efficiency of the law.

          The elementary question of the study is how to

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Publication Date
Wed Jun 27 2018
Journal Name
Journal Of The College Of Education For Women
The uses of Iraqi women for Facebook and innovation made from them
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The problem of research is to identify the uses of Iraqi women for Facebook and the motives of these uses and the innovations that have been achieved from them, in view of the increasing role-played by social networking sites in the lives of individuals in general and women in particular.The research seeks to identify the following: Identify the extent to which Iraqi women use Facebook and the usage motives and innovations achieved by the interviewees When they using Facebook. This study belongs to the descriptive studies that are interested in monitoring the characteristics of a particular phenomenon to identify its characteristics and characteristics.This study adopted the survey methodology to test the hypotheses of the study and how

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
The Exclusion Of Application Of Foreign Law Provisions For Violating Islamic Sharia Law In Terms Of Article (27) Of The UAE Civil Transactions Law Amended By Federal Decree-Law No. (30) of 2020
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This study is about the subject of exclusion of the application of foreign law as it violates the Islamic Sharia law in terms of Article (27) of the UAE Civil Transactions Law as amended in 2020, which before that date included all disputes involving a foreigner. According to the amendment referred to, the application of Islamic Sharia law shall be limited to civil transactions with the exclusion of personal status affairs.

The study concluded with many results, the most important of which is that the current text of Article (27) of the Civil Transactions Law as amended in 2020 is unable to explain what the judge may do in cases where the foreign law jurisdiction is referred to in one of the excluded texts, namely those related t

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Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
The crime of fleeing in law
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Researches military crimes is important and dangerous and it is important in it is violation of the obligation and all forms military order in all, it is dangerous because it affects the interests of the armed forces , military crime is a loophole whose effects are not tangible in normal circumstances however ,in the  crises and wars ,they have serious dimensions , one of the most dangerous and crimes is the crime of fleeing and because the great importance of this crime will be dealt with  in two section will be devoted the first  of the concept of the crime of fleeing and the second will address the legal concept of this crime. 

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Publication Date
Tue Mar 31 2020
Journal Name
College Of Islamic Sciences
Ruling on abortion in Sharia and law
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Research title: Ruling on abortion in Sharia and law.

The importance of research: Projection is of great importance because it touches the life of a living being who enjoys human qualities. However, this organism often wastes its rights and does not protect its human beings. These souls are lost in millions by the sake of casual desire or hidden desire.

The research plan: The research dealt with an introductory topic, four topics, and in each topic there are demands, branches, and a conclusion.

The most important findings of the study: The ruling on aborting the fetus in the Sharia is only permissible (and the necessity is valued at its va

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Publication Date
Wed Jul 28 2021
Journal Name
Journal Of Legal Sciences
The Quasi-Contract in the English Law. A Comparative Study with the Unjustly Paid in the Iraqi Civil Law
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Quasi-contract is considered as one of the well-established legal systems of the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts. It is worth-bearing in mind that the legal basis of quasi-contract passed into two different stages: in the first stage the English judicature, supported by some juristic opinions regarded it as an implied Contract made by courts to prevent one party from being unjustly enriched at the expense of the other. Whereas in the second stage the English judicature considered it as an independent source of obligation، based upon the law of restitution. and having nothing to do with the law of contract. The Iraqi civil law No. (40) of 1951 regulated

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Publication Date
Thu Mar 21 2019
Journal Name
Journal Of Legal Sciences
The economic tortuous liability in English law. A comparative study with the illegal competition in the Iraqi law
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The economic tortious liability in the English law is based upon economic Torts are considered as a type of the ancient and deep-rooted torts, aiming at breaching the rules of legal and equitable trade competition. and which are included in the customary English law of torts, based upon the judicial precedents decided by English courts. It is worth-bearing in mind that the economic torts are classified into two main types.  That is to say, the general economic torts and the misrepresentation economic torts. Whereas the Iraqi legislator left the regulation of the illegal competition to the general rules of the delictual liability in the Iraqi civil law No. (40) of 1951.

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