Preferred Language
Articles
/
jcois-978
The wisdom of establishing the right by testimony in jurisprudence and law
...Show More Authors

 

Abstract

Islam has been concerned with preserving and maintaining rights, so the provisions in which it is preserved are legislated. Among that  is the testimony that made it a way to prove the truth and obliges its bearer to fulfill right in order to preserve the right and establish justice and prevent injustices by defying conflict, and tyranny .

And while acknowledging that divine absolute wisdom that is the cause and origin of legal rulings is sufficient, it is obligatory to abide by its provisions and imposes obedience, surrender, contentment and work in accordance with its controls.

However, the realization of the defects behind the legislation in a comprehensive way that realizes the developments of rules and  additions and divergences of days in human transactions and commitment covenants.

Our research was an attempt to realize the wisdom of legalizing  testimony and presenting it in proving the right to jurisprudence.

View Publication Preview PDF
Quick Preview PDF
Publication Date
Thu May 30 2019
Journal Name
Journal Of Legal Sciences
The exception from the rule of annexation of ownership in French law
...Show More Authors

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.

View Publication Preview PDF
Crossref
Publication Date
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
Autonomous weapons in the light of the principles of international humanitarian law
...Show More Authors

This paper deals with "the prohibition of autonomous weapons in the light of the principles of international humanitarian law", The autonomous  weapon is the newly developed type of weapon, and it is the latest of the genius of the human race in finding another "automatic" race to undertake combat operations on its behalf, However, this matter was not left at all, Rather, each party to the armed conflict must abide by the principles of international humanitarian law to avoid the harmful effects of that weapon, In particular, adherence to the text of Article 36 of the First Additional Protocol of 1977, which obliges the Contracting Parties to conduct a review of their weapons before their launch to find out what is prohibited and per

... Show More
View Publication Preview PDF
Crossref
Publication Date
Wed Feb 20 2019
Journal Name
Political Sciences Journal
Legalization of political parties Study in the law of parties
...Show More Authors

The political parties are considered to be the basic infrastructure in the political process for their great role in achieving the political movement in the country and to work on implementing the goals and interests of its voters in the event of their coming to power. If the parties that totalitarianism led to monopoly and monopolization, We can not talk in these countries about the liberal concept of the party and can not talk about the existence of a law or laws and regulations governing and regulate the work of parties. But on the other hand, which is represented by the liberal state, we find a lot of talk and practice about the form and nature of the legitimate law in regulating the formation of parties and their work in a manner th

... Show More
View Publication Preview PDF
Crossref
Publication Date
Mon Oct 23 2023
Journal Name
College Of Islamic Sciences
The concept of justice and its relationship to the law
...Show More Authors

Any person, regardless of his location in the air, whether he was kidnapped or trained, and then he performs a certain work, believes that his work is in vain, and by God, his deeds. I wonder if those who hold him in the first place will be safe in good form. He said that the essence of justice in the story is the story:

These are given the meaning we have fought in the fact that each group of. He went beyond creating a group of blocs, sects, and parties. If justice indicated one meaning, these relationships between people and peace would diminish. In fact, justice has only one concept, but there are several associations with it in the field of divorced one of these synonyms. However, the variation in racist drums in the encounte

... Show More
View Publication Preview PDF
Publication Date
Sun Dec 31 2023
Journal Name
College Of Islamic Sciences
Bibliography of books (jurisprudence) available in the References Department of the Central Library at Al-Mustansiriya University)
...Show More Authors

 

The research included making a bibliography of the jurisprudential books available in the reference section of the central library at the University of Al-Mustansiriya. From this research, and I also saw that one of its objectives was to classify these books scientifically according to what was included in the Contemporary Islamic Fiqh Library of sections that were classified on its basis, according to what has settled in the custom of contemporary jurists, and according to the researcher’s view and his humble diligence, so the research was organized into an introduction and three topics. Each topic contained approximately five demands that included the sections of the contemporary jurisprudential lib

... Show More
View Publication Preview PDF
Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
Law conflict in the formation of international contract
...Show More Authors

The present of a foreign element in the Contract will call the conflict of many laws on the conclude of the contract; usually such conflict will end to the jurisdiction of one law, but in this case it will end to the jurisdiction of many laws on the conclude of the international contract but without being a common jurisdiction, each of the conflicting law will have its own jurisdiction.

View Publication Preview PDF
Crossref
Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
The Right of the Head of State to Veto Bills : A Comparative Study
...Show More Authors

The legislative authority's approval of a project is not enough, as the state president's approval is crucial. If the president doesn’t approve the project within the period determined by the constitutions, it shall be returned to the parliament for further discussion and voting, Either by an ordinary or strict majority, according to the provisions of the constitutions of the countries. To explain the right of objection, we explained, in the First Topic, the definition and distinction, and we explained, in the Second Topic, the legal nature of the right of objection, its kinds, and its constitutional base. In the Third Topic, we discussed the conditions of the right of objection, its procedures, and its effects. Then, the conclusion th

... Show More
View Publication Preview PDF
Crossref
Publication Date
Mon Dec 23 2019
Journal Name
Journal Of Legal Sciences
Criminal law and the need to philosophy
...Show More Authors

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

... Show More
View Publication Preview PDF
Crossref
Publication Date
Mon Sep 30 2019
Journal Name
College Of Islamic Sciences
Jetting and its jurisprudence
...Show More Authors

In recent times, many of those who practice the professions of Koranic treatment away from the legal controls, which dragged Muslims a lot of sedition and inflicted many in heresies and irregularities, and even spoiled the doctrines of many people making them relate to the causes and forget the Lord of the causes.
    For this reason it was incumbent upon the scholars to show the right from falsehood in this section, and because of the importance of the subject of jetting in Ruqyah and others, and how it is related, I chose the subject (jets and its jurisprudence), for all this I called on God to help me to show the right from wrong with regard to jetting And its provisions.

View Publication Preview PDF
Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
Pre-default and its effect on the performance of the contractual obligation at the debtores expense
...Show More Authors

Per- breach of the contract is that the other contractor shall act, act or issue a statement indicating that will not out the performance on time and that such breach may provide the contracting party with the right to damage a range of options in order to remedy such damage, if there is necessity, there is also the possibility of reparation through the performance at the expense of the debtor. This matter is relative according to each law. It is different in English law than in civil laws as the latter lack an integrated regulation of predefault provision. The provisions are detailed.                         &nbsp

... Show More
View Publication Preview PDF
Crossref