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Crimes against offspring In Sharia and law
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Crimes are prohibited by law and God Almighty has forbidden them with punishment or punishment.
The punishment is the prescribed punishments that the law has determined in its place and stipulated in the Book of God or the Sunnah of His Prophet, may God bless him and grant him peace.
Ta’zir: These are the punishments that are left to the ruler to assess according to what he sees as preventing corruption on earth and preventing evil. Extrapolation has proven that all the provisions of Islamic Sharia include the interests of the people, and they are based on five matters: what is in it is preserving the religion, what is in it is preserving the soul, and what is in it is preserving the soul. It involves preserving the mind, preserving offspring, and preserving money. This is because the world in which man lives is based on these meanings without which human life is not available, and that God Almighty has honored man in this existence. God Almighty said: And We have honored the children of Adam and carried them on land and sea and provided them with good things and favored them over many of those whom We created with a great preference.  (Al-Isra: 70)
This honor requires the availability of these five things, preserving them, and preventing any attack on them.
Preserving progeny means preserving the human species by regulating marriage, preventing attacks on marital life, prohibiting adultery and imposing a punishment for it, because that is an assault on the human trust that God has entrusted to the bodies of men and women, so that from them may be offspring and reproduction, which prevents the extinction of the human race and allows it to live. Stable and happy, and therefore the punishment for adultery and other punishments were set for crimes involving assault on offspring, and were in violation of the social dictionary. The punishment for adultery is obligatory in order to protect the goods from being lost, and because it is a great indecency and one of the great sins - which entails extremely serious harm to the individual and society from a psychological, physical, social, and economic perspective. The heavenly laws have agreed to prohibit adultery, and its punishment in Islam is one of the strictest limits due to it. From a crime against honor and lineage, and for harming the entity and safety of the group, as it is an assault on the family system, and the family is the foundation upon which the group is based, and because its permissibility is the spread of immorality, and this leads to the destruction of the family entity, the corruption of society, the rupture of its unity, its dissolution, and the collapse of the components of the nation, and Sharia is keen The utmost concern is for the group to remain cohesive and strong, free from social and other diseases. The view of Islamic law on the nature of this crime differs from the view of positive criminal law. Adultery in Sharia is a punishment crime stipulated in terms of criminalization and in terms of punishment. There is no difference between a married adulterer and an unmarried adulterer. Al-Muhassan (unmarried).
In statutory criminal laws, adultery is not considered a crime that automatically requires punishment, and the adulterer is not criminally liable, unless one of the spouses files a lawsuit. Accordingly, one of the spouses is not legally punished if the other spouse consents to him committing the crime of adultery, and he has the right not to file a lawsuit even if the adultery occurred without his consent, as it is A purely individual crime in law.
As for Islamic law, adultery is considered an assault on the right of society (the right of God or the public right). It is forbidden in and of itself, and consent has no effect in criminalizing the act or not. The threshold for adultery must be met even if the crime was committed by agreement of both parties. Whether they are married or not, unless one of them is forced and the crime of rape is committed with him. The punishment is not met for the one who commits adultery through coercion or rape. As for the adulterer and rapist, the punishment required for this crime is applied to the adulterer and rapist.
This punishment is not affected by the consent between the criminals, or the waiver or abstention of one of the spouses from filing the lawsuit, because the impact of the crime of adultery does not stop with the perpetrators, but rather its impact extends to the entire society.

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Publication Date
Mon Mar 15 2021
Journal Name
The Journal Of Legal And Social Sciences
Limitations on the authority of a judge in case-law ( France as a model )
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When exercising their authority in the jurisprudence, judges are subject to a set of restrictions that they must adhere to, as they do not want their jurisprudence to be accepted and welcomed by law practitioners in general, and legal scholars in particular, and in contrast to it, the arrows of criticism and defamation will extend to that jurisprudence, and then they will have to reverse them . Perhaps the most important of those restrictions imposed on judges is their observance of justice between the parties to the lawsuit through their lack of bias for one of the parties at the expense of the other, in addition to their observance of public order and public morals, as well as their observance of the legal texts that they work under its u

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
Compulsory Licensing for Patent Exploitation between Exclusion and Restriction Accordance to the Emirati Law
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The patent means that the inventor is granted a right of intellectual property that is solely acquired by the patent's owner. This study highlights the compulsory licensing provisions that entitle government agencies to exploit the inventor's patent and to exploit it in the manufacture of goods and industries by a third party without the consent of the patent owner for reasons required by the interest of society.

This means has been referred to by Decree-Law No. 11 of 2021 on the regulation and protection of industrial property rights. However, the UAE legislator has made recourse to this means an exception, restricting this means by justification required by the public interest of society.

The study will focus on the des

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Crossref
Publication Date
Sat Jul 31 2021
Journal Name
Journal Of Legal Sciences
Criminal protection of mass graves under the provisions of international humanitarian law
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Genocide and crimes against humanity have a distinct meaning in that they are particularly reprehensible attacks that constitute a grave assault on human dignity or constitute a gross humiliation or degradation of the dignity of one or more human beings, and they are not isolated and sporadic incidents.

That the crime of mass graves as a collective genocide is considered a mass murder of a group of people that is carried out on a discriminatory basis with the aim of their total annihilation as a race, people, or a distinct group that is culturally, culturally, linguistically or religiously independent, or for any reason that distinguishes them from humans, and this is what happened with the crime of mass graves in Iraq. We have n

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Publication Date
Sun Apr 28 2019
Journal Name
Journal Of Legal Sciences
التكامل بين القانون الدولي الجنائي والقانون الدولي الإنساني في مكافحة الإرهاب
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Aujourd'hui, la communauté internationale confronte à de multiples cas et des problèmes complexes qui s’étendent leurs effets au-delà des frontières, ce qui menace la paix et de la sécurité au niveau national, régional et international, où le terrorisme représente ici l'un des plus graves de ces problèmes. En effet, ce phénomène est devenu une réalité qui touche la sécurité mondiale grâce à sa capacité d'influencer dans plusieurs pays, ce qui souligne l'importance et la nécessité d'une coordination et d'intégration entre les différentes branches du droit international public, en tant que cadre dans lequel  peut  adapter les activités nationales et internationales de lutte contre le terrorisme et de p

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Crossref
Publication Date
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
Targeted Drone Killings Under International Human Rights Law
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Targeted killings by unmanned aircraft are a dangerous means that threaten the human right to life, both in wartime and in peacetime. In wartime, international humanitarian law prohibits weapons that cannot respect general principles such as discrimination, proportionality and military necessities. In peacetime, all international instruments guaranteeing the protection of human rights prohibit attacks on the right to life, except in cases provided for by law, as well as extrajudicial executions.

 

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Crossref
Publication Date
Sat Jun 30 2018
Journal Name
College Of Islamic Sciences
Violators of the law of God   (Between platforms and intimates)
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Al-Manas and Al-Muhais are two words in a close sense of the strange words of the Holy Quran. The word Al-Manas was mentioned once in the Holy Qur'an in Surat (PBUH). ) / 36 .. What we will see in the folds of the search, God willing.

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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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Crossref
Publication Date
Sun Jan 08 2023
Journal Name
Journal Of Planner And Development
Lebanese building law between texts, Application gaps and land scarcity
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This paper examines the gaps in Lebanese building law as well as the exploitation of contractors, stakeholders, and residents in order to make illegal profits at the expense of The Shape of urban agglomerations and their expansion in cities and rural areas, which is contrary to the principles of sustainable land development. It also emphasizes the amplification of the factors of vertical and horizontal building investments in the implementation of buildings contrary to the license, as well as the burden that this places on the city's resulting infrastructure and ability to absorb the activities and needs of its residents. The study then presents recommendations in the process of transformation in the technique of planning and application

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Publication Date
Fri May 31 2019
Journal Name
Journal Of Legal Sciences
(The Role of Bank Deposit Security Companies in Compensating Depositors (A study in Iraqi law
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Given the fear felt by depositors whenever a financial crisis hits the banking sector, the idea of establishing institutions to compensate depositors in case the banking institution where they hold accounts is liquidated has been proposed. Advanced countries have worked on creating institutions that compensate depositors should their banks are liquidated because of financial problems.  Iraq is one of these countries. It promulgated the Bank Deposit Guarantee System No.3 of 2016, whereby companies called bank deposit security companies were established to compensate depositors.

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Crossref
Publication Date
Wed Sep 21 2022
Journal Name
Journal Of Planner And Development
Evaluating the Potentials of Individual Lending Instructions (in Housing Fund Law) to Support Housing Finance Policies in Iraq.
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Iraqi economy has grown rapidly. Iraqi citizen, therefore, should be very much involved with the comprehensive development after his long patience. Such development should begin with him and his family to get the housing commodity, which is indeed not a cheap one.                                                          

  In this regard, the Iraqi legislator drew attention to the necessity of issuing housing finan

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