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Effect of marital relationship In the Iraqi Penal Code
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Marital relation has a great effect on man’s life in general, because it is the legal frame for establishing a rightful legal family, This relation  also has its great effect and importance in laws in general and the Criminal Law in particular (substantive and procedural). As for the scope  of the sustentative rules (under study); it deals with the rules which organize incrimination and penalty in which  the state organizes the right of penalty and put forth the boundaries between what is prohibited and what is permissible and codify the appropriate penalty  specified by the law in case of breach.

The study we examines, in two sections, with the effect of the marital relation from the substantive perspective of The Iraqi Panel Law with the two sections of the criminal foundation, (incrimination and penalty). The first talks about the effect of the marital relation on incrimination and permission through a number of actions which marital relations plays a role in incrimination or permissibility such as adultery, making an Invalid marriage contract and husbands’ abuse of wife, using his right of discipline as a reason of permissibility reasons. In the second section we talk about the effect of this relation on the incrimination field through a number of crimes in which the marital relation makes an effect in increase, decrease or exemption of the punishment whether it is concerned with the public interest or the personal interest.   

The researcher reached at the following findings:

  1. The marital relation has a great effect on considering a person adulterer, because the adulterer is not considered so in the point of view of law if the sexual relation is done by a man and a woman who are not married, so the marital relation here is the criterion for the conduct to be incriminated as adultery not.
  2. The marital relation has a great effect on penalty through considering the crime as aggravating factor, a legal excuse to reduce the punishment or a barrier in executing the penalty such as the crime of incitement to adultery and immorality (Article 9 of Criminal law), reduction of penalty in crimes concerning the national security of the state (Article 183 Criminal law) and a homicide committed by a husband caught his wife red handed with adultery. An example of the marital relation which is exempted from penalty are those connected with crimes concerning the external security of the state (Article 183).

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Publication Date
Sun Sep 15 2019
Journal Name
Journal Of Legal Sciences
Provisions of the uncertain fate of the Penal Code
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Under the provisions of the old penal laws were criminal responsibility collectively If someone commits murder of the tribe was the victim belongs to another tribe was wasting his blood as a murderer and have each person of the tribe personally responsible for this crime. If it does not contribute to it or did not know, however, committed to achieving voices calling goodness and justice demand soared to impose punishment on the person who is connected to the crim.

The French Revolution and its leaders credited with establishing the principle of personal punishment and responsibility in contemporary penal laws did this concept is limited to the advancement of the criminal liability of play a role in the commission of the crime, bu

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Publication Date
Tue Jan 02 2018
Journal Name
Journal Of Educational And Psychological Researches
Techniques of family guidance in the face of marital and marital problems
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Summary First: The importance of the study and the need for it: The society is composed of an integrated unit of groups and institutions that seek to achieve a specific goal within a system of salary, and the family remains the most influential institutions on the individual and the unity of society, with the roles and responsibilities of the individual and society, and through the continuation and strength of other social organizations derive their ability On the other hand, any break-up in the institution of the family is reflected negatively on the cohesion of society and its interdependence, and the causes of this disintegration vary from society to another, but family problems remain the main factor in obtaining it. Second: Study Ob

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Publication Date
Wed Mar 30 2016
Journal Name
College Of Islamic Sciences
Modern mother planting and its impact on marital happiness
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Islam was keen to get every man and woman a share of those benefits and wanted to marry and urged him. In order to unite efforts and articulates the arrow and clarifies the goal and I have a share in building a sober Islamic society, for all this and other research title is ((modern or planting and its impact on marital happiness)).

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Publication Date
Sat Sep 14 2019
Journal Name
Journal Of Legal Sciences
تجريم المخالفات الجسيمة في اتفاقيات جنيف في قانون العقوبات وقانون العقوبات العسكري العراقي
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تمثل اتفاقيات جنيف لعام 1949 وبروتوكوليها الاضافيين لعام 1977 عصب الحماية للافراد الذين لا يشاركون في العمليات العدائية او الذين كفوا عن المشاركة فيها. وتكاد تكون معظم دول العالم اطراف في هذه الاتفاقيات ويبلغ عددها 194 دولة طرف[i].  ان هذه الاتفاقيات ترمي بالثقل الاكبر في مسؤوليتها عن احترام وكفالة احترام قواعده على الدول. ويتجسد واجب الاخيرة في الايفاء بالتزاماتها الدولية على صعيدين، الدو

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Publication Date
Mon Jul 15 2019
Journal Name
Journal Of Legal Sciences
جرائم العنف الاسري للزوجة في قانون العقوبات والاحوال الشخصية العراقي دراسة مقارنة
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The subject (crimes of domestic violence to the wife in penalties and personal circumstances of the Iraqi law) of the important topics which aims to provide criminal and legal protection for the wife as the interest protected by the law when the criminalization of an act perpetrated spousal violence has spread problem of the most serious problems that have had a significant impact the wife, in particular, on the family and society in general, namely, the problem of protecting the wife of domestic violence, which directs it from her husband, and our goal of this study is to develop develop a wife and protection from domestic violence, which sheds it by searching in the media confront this phenomenon, namely violence prisoners and then sta

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Publication Date
Fri Dec 14 2018
Journal Name
Journal Of Legal Sciences
The Speedy of Criminal Trials between Theory and Practice A Study in the Jordanian Penal Code
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The Standards on Speedy Trial and Timely Resolution of Criminal Cases have some main purposes such as effectuate the right of the accused to a speedy trial, to further the interests of the public, including victims and witnesses, in the fair, accurate, and timely resolution of criminal cases; and to ensure the effective utilization of resources. Despite the importance of these principals, the Penal Legislator needs to recognize such principals in order to avoid the problem of prolonging the criminal proceedings. This study highlights the issue of delaying in criminal trials, and prolong the criminal proceedings, and to speed the Criminal Procedure, and how to avoid the problem and the dilemma around the lack of speeding of Criminal Proce

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Publication Date
Sat Jul 01 2023
Journal Name
Journal Of The Faculty Of Medicine Baghdad
The Relationship between Levels of Serum Vit. D and Kidney Function in Diabetic Nephropathy Iraqi Patient: The relationship between vitamin D and diabetes nephropathy
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Background: According to several animal and human studies, Vitamin D appears to play a substantial role in the development of diabetic nephropathy, However, the possibility of vitamin D's Reno protective impact and influence on the reversal of already-existing renal damage remains speculative. Vitamin D deficiency and insufficiency are ubiquitous worldwide and have been linked to a variety of pathophysiological conditions, including diabetes, allergies, autoimmune illnesses, pregnancy difficulties, and, more recently, worse COVID-19 clinical outcomes. From a translational perspective, the goal of this review is to look into the potential function of vitamin D in the development of diabetic kidney diseases

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Publication Date
Wed Oct 30 2019
Journal Name
Journal Of Legal Sciences
Guarantees of the worker's right to the principle of equality and equal opportunities in the Iraqi labor law
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The principle of equality in human life is one of the noblest principles ever found. These principles have been planted in the conscience and conscience of man, and it is the principle that is considered to be an inextricable right with the existence of human in the collective relations between humans in general and members of a group of groups or conglomerates unintentionally organized but created by circumstances. Accordingly, all international and domestic legislations considered it to be a human right, especially in relation to equality in the right to work, equality in other rights and what is associated with the remuneration of work (wages) and related to its attachments and leave. The Labor Law No. 37 of 2015, In Chapter III. This

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Publication Date
Sat Feb 02 2019
Journal Name
Journal Of The College Of Education For Women
The Information Effect in Iraqi Universities: The Information Effect in Iraqi Universities
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Abstract:
This research (The effect of information in Iraqi universities) wants to
explain the aims and the opinions of Iraqi universities lecturers during the
globalization era and information technology .
The results we have got about using the computers by the lecturers of
Iraqi universities just in illustration and statistic as depends on there works

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Publication Date
Mon Dec 28 2020
Journal Name
Journal Of The College Of Education For Women
Penalty of Semi-Intentional Killing Offence according to the Egyptian and Algerian Penal Law: An Evaluative Study from the Islamic Viewpoint: محمد جبر السيد عبد الله جميل
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The study aims at  evaluating  the penalty of  semi- intentional killing felony in the Egyptian and Algerian criminal law following the Islamic Law (Shari'a). The  study used the descriptive, evalutive and analytical  methodology  to  reach the topic in question. To meet the theoretical significance of the study, much data has been collected to give a comprehensive picture about the topic under examination. As for the practical significance of the study, it helps the juridical power to reconsider and phrase the legal materials of the semi-intentional killing penalty based on the Islamic law. The study has come to the conclusions that the Islamic Law (Shari'a) imposes a compensation (blood-money) to be g

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