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Maintenance Contract - A Comparative Study with Islamic Jurisprudence
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Contemporary life is racing against time in its temptations and variables, and it has become shaped and changed in an amazing way in its various aspects and fields. This was facilitated by intellectual and scientific communication between civilizations, and the rapid progression in successive inventions and discoveries in the fields of science and arts of knowledge. This contributed to a great economic and commercial renaissance. Then, these economic developments entered the world into a very strong competition, which forced producers to calculate all production costs, to reach the highest profits by reducing the price of the produced commodity on the one hand, and achieving quality in appearance (especially) on the other hand. Since the machine represents an important part in the production and manufacturing process, its survival and serviceability are essential to the course of production and avoiding loss. Therefore, it was imperative for project owners to provide specialists from experts and technicians to provide the required service according to the technical rules, for the operation of those tools and devices. Thus, the maintenance contract appears as one of the necessary contemporary contracts accompanying technical and economic development. The importance of this contract and the need for its presence have increased due to a number of factors, the most prominent of which are: 1. The employer's maintenance of the machines may cost him a lot, while it would not cost him much if he entrusted its maintenance to a maintenance company. This is due to the following: A- The employer's maintenance requires him to provide an integrated work team for maintenance only. These may only be needed a few times, which is not commensurate with the amount he will pay them, especially since some of them may receive a high salary because they are rare engineers, for example. B- Maintenance may sometimes require precise machines and devices, the purchase of which may cost the employer more than if he contracted with a company that appointed itself for this purpose. 2. The increased use of machines and devices to accomplish work in this era, as they have entered most fields. Means of transportation, such as cars, planes, ships and trains, require maintenance, machines in factories require maintenance, electrical devices of all kinds require maintenance, in addition to buildings and what they in turn require in terms of maintenance. 3. Maintaining production machines preserves them and keeps them away from breakdowns as much as possible. This is because the breakdown of these machines, even for a short period, may cause large and severe losses.

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Publication Date
Tue Aug 02 2022
Journal Name
Journal Of Legal Sciences
Expropriation of foreign investments - a comparative study
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The right to property is one of the most prominent and most important of the fundamental rights that the individual enjoys, whether national or foreign, both of them have their own private property that may not be affected except for the requirements of the country's economic development or what is known as the public benefit, and the Iraqi legislator did not specify what is meant by the removal of foreign investment. Of the bilateral international agreements (BITS), as it determined its terms and methods, the properties of foreign investors may be expropriated in a direct and indirect way.

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Publication Date
Fri Dec 31 2010
Journal Name
Journal Of Legal Sciences
The moment of concluding the contract according to the United Nations Convention on Contracts for the International Sale of Goods (1980) (A comparative study with some Arab and foreign legislations)
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There are two ways that the contract might be formed with (contracting between persons who are attended and contracting between absence persons).the need for determining the precise moment of the contract , is so clear because there is a specify period separate between the declaration of acceptance and the knowledge with it .and it is clear from the four theories known for jurisprudence (theory of the declaration of the acceptance, theory of exporting the acceptance , theory of the arrival of the acceptance , theory of the knowledge with the acceptance ) . It is difficult to promote one theory on another one if we look at each one and the justification of its supporters and what the opponents of each theory expose. Legal background and diff

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Publication Date
Wed May 17 2023
Journal Name
College Of Islamic Sciences
Compilers of Hanbali jurisprudence (Abbasid era)
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This large book represents the research and is marked (Compilers of Hanbali jurisprudence of the Abbasid era). It includes, between its covers, a large group of scholars of the Islamic nation, with its great jurists and mujtahids, from the followers of the school of (Ahmed bin Hanbal) in the fundamentals and branches, and specific to the sciences of the Qur’an, its jurisprudence, and the narrators of the hadiths of the Noble Prophet The best of creation (Muhammad) peace and blessings be upon him, and it also includes a large number of reciters and ascetics, who are known for their abundance of authorship, especially with regard to the collection and numbers of classifications, and they are too large to be counted by number! But can we

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Publication Date
Fri Sep 30 2022
Journal Name
College Of Islamic Sciences
Historical development of Islamic jurisprudence - Develop a model
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       Praise be to God, and prayers and peace be upon our master Muhammad, the Messenger of God, and upon his family, companions, and those who are guided by his guidance.

Then:

       Our Islamic jurisprudence and its basic principles are fixed, namely: the Noble Qur’an, then the Prophet’s Sunnah, then consensus, then analogy. However, it is characteristic of what makes it developed to meet the requirements of renewed life, including: sent interests, custom, approval, blocking pretexts, changing times. That is why it went through different stages, growth, brilliance, stagnation and endowment; Therefore, many scholars of Islamic jurisprudence divided its stages into four sections: the stage of inf

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Publication Date
Fri Dec 31 2021
Journal Name
Journal Of Peace For Humanities And Social Sciences Jphsc
The role of the contract Duration in the pre-contract stage " Comparative study"
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Time crosses one of the most important principles that are agreed upon in contracts, because the temporal dimension has a significant impact on all contract provisions and is not limited to a certain group of them. French and Arab legal jurists alike called for this dimension to be given special attention. That is the term of the contract term; To try to limit the temporal elements, clarify their provisions and distinguish between them, but in the Arab world it did not receive the same attention that it received in the West.

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Publication Date
Thu Mar 01 2012
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The Impact of Islamic Financial Inspection Thought on the Development of Inspection and comparing it with Positive Thought: Theoretical Comparative Study
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You Mohammed, you're prophet of God and I'm Gabriel)). With this heavenly call which Mohammed, the messenger of God (may God's mercies be on him), got and when he left Hiraa cave and after getting the aye ((read with your God's name)), a new period of mankind's history started. From that time, the greatest state was established. There was no public treasury and no public financial resources at that time. Abu Baker (God bless him) spent a lot of money to support the costs of the new mission. After Al-Hijra, the bases of establishing the Islamic state were available but it lacked administrative and financial organizing. Therefore the prophet was very keen to find Islamic system which ensures justice and availability of

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Publication Date
Tue Jun 14 2016
Journal Name
Al-academy
Idealism and Realism in The Design: A Comparative Study
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At the beginning of the twentieth century distorting handling totalitarian phenomena of art, which can be called the stage of the test, transition from the theory of ideal theory and other realistic is not cushy, since it requires vision and reading and other concepts, and in light of this dialectic manifested research problem by asking the following Is affected by the design idealism and realism. Through the above mentioned questions, the researcher found rationale for addressing this problem, the study through his research, which is marked (idealism and realism in a comparative study design). And demonstrated the importance of research in the identification of the concept and the effectiveness of the two theories idealism and realism a

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Crossref
Publication Date
Fri Feb 07 2025
Journal Name
Alrafidain Of Law
The Effects of the research and technology development contract -A comparative study-
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Researching the effects of the research and technological development contract, determining its extent and demarcating the boundaries of the obligations imposed in it, is the cornerstone of economic growth and development, because defining these obligations removes the ambiguity and conflict between interests, by stating the rights owed to each party and even trying to reconcile them, or impose protection by specifying guarantees that are compatible with the essence of the R&D contract, For the purpose of studying the subject thoroughly, we will divide this research into two sections. The first is devoted to identifying the parties to the research and technological development contract. As for the other topic, we will explain the obligation

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Publication Date
Thu Mar 30 2023
Journal Name
Journal Of Economics And Administrative Sciences
Role of Balanced Scorecard in Evaluating Total Productive Maintenance Performance
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              In light of the general inadequacy in the performance of the economic units operating in Iraq, and the contemporary developments in all the various sciences, Iraqi economic units have become obligated to use modern technologies applied around the world. Keeping abreast of these developments is done by moving away from traditional methods of evaluating performance and applying approved and accepted methods of evaluating performance. This will lead to an increase in the efficiency and effectiveness of the activities of economic units. In addition, this drives to reduce production costs. Accordingly, this study aims to clarify the application of the balanced scor

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Crossref
Publication Date
Wed Jul 01 2015
Journal Name
Journal Of Educational And Psychological Researches
The impact of discrete realization strategy in the development of reflective thinking among students of Qur'an and Islamic education departments for the course of Islamic jurisprudence
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The paper aims to identify the impact of discrete realization strategy in the development of reflective thinking among students: (males/females) of Qur'an and Islamic education departments for the course of Islamic jurisprudence according to the variability of sex. The researcher used the experimental approach and adopted an experimental determination with a set part of the two groups (experimental and controlled). He selected the sample deliberately which consists of (147) students spread over four classes (experimental males/ experimental females/ controlled males/ controlled females), and it took last for an academic year of (2010-2011). He, then, prepared a post test to measure the reflective thinking with his five skills (skill of o

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