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الحماية القانونية لخدمة البث الفضائي Legal Protection Of Satellite Broadcasting Services A Comparative Study

اسم المؤلف: بيداء خضير عبيس فضل

اسم المشرف: ميري كاظم عبيد الخيكاني

الموضوع العام: القانون

السنة: 2016

الموضوع الدقيق: القانون المدني

الدرجة: ماجستير

الجامعة: جامعة القادسية - كلية القانون - قسم القانون الخاص

اللغة: العربية

مكان الجامعة: القادسية

الصفحات الاولى:

المستخلص: في ضوء التطور المستمر في مجال تكنولوجيا الاتصالات وخاصة في مجال الاقمار الصناعية, اصبحت خدمات البث الفضائي اقوى واهم وسيلة لارضاء حاجة الفرد اللامتناهية للمعرفة, بايصالها المبثوثات السمعية والمرئية الى الجمهور متجاوزة في ذلك مختلف العوائق الجغرافية والحد | In light of the continuing evolution in the field of communication technology, especially in the field of satellites, Satellite broadcasting services the least become stronger and the most important a means to satisfy the need of the individual endless for knowledge, receipt them on audio and video Broadcasts to the public exceeding in various geographical obstacles and international boundaries, Scientific and technological advances have contributed The emergence of so - called satellite That exceeded the capabilities of different means of communication, Greatly influenced the development of broadcasting services And converted from terrestrial broadcasting technology to Broadcast technology via satellite Expansion of technical coverage to include the vast distances of The Earth Which led to the possibility to capture Broadcast signals By receiving stations non directed to Originally transmission Which led to the abuse of Satellite broadcasting services and damaging the approaching offered Hence the urgent need emerged The need to provide Effective legal protection That keep pace with advanced technology Services satellite broadcast And accommodate it, Therefore this study was to address the previous problematic and find appropriate solutions, the fundamental problem around which this research lies in the possibility of protection of broadcasting satellite in accordance with Iraqi legislation services. In this context, several questions arise, including : (1) What should be protected in accordance with Iraqi law? It must specify the target of the protection of services satellite broadcasting, does mean the protection of these services in the protection of broadcasting itself or the content being broadcast. (2) What are the rights that should be granted to the providers of services satellite broadcasting? And if they actually enjoy certain rights does enough to protect them? (3) How should the protection of services satellite broadcasting in accordance with Iraqi law? Is it enough traditional legal means to protect these services? We discussed this subject in three seasons, we have dedicated the first chapter to show the concept of satellite broadcasting services, through a statement of what it is, we have discussed in this chapter types granted to the satellite broadcasting services of legal protection At the level of national and international legislation. The second chapter dedicate to determine the rights of the satellite broadcast services through a statement the concept and determine the legal nature, as we touched it to the owner of these rights through defined and distinguished from the others, and finally the third chapter, which we dealt with the boundaries of legal protection of services satellite broadcasting, And Clarified the scope of that protection and legal restrictions that are set out in addition to determining the means of protection. We have found through research that services satellite broadcasting economic advantage distinguish it from other namely, it's always a paying Whether this contrast directly Agra or indirectly as it may devoid of any form of forms of direct financial payment to be paid by the recipient of the service provider as opposed to made available, but it financed indirectly by advertising revenue or airtime charges. It follows the services satellite broadcasting group rights granted to the offered it, some of which are fixed rights have a firm stance in international copyright law and adopted by most of the domestic laws, include the rights of rebroadcasting and installation, copying and communication to the public, in addition to other rights have been developed to cope with an update on trading in broadcasting services market, which is the rights of access and distribution following the transmitter to be installed. And also introduced additional protection is arranged all the previous rights to previous signals for broadcast. We also found that the legal protection of satellite broadcasting services to be on three levels, the first level is the established legal protection Texts of various laws, while the second level of such protection is to technical protection Using Control How to access To broadcasts, while the third level of protection is represented by devoting legal protection for technical means of protection. We have found through our research to several proposals may be the most important, need to review the definition broadcasting service contained in the (m 1, P 4) of the Iraqi Media Network, Law No. 26 of 2015 on several things including : the exclusion of transmissions over computer networks of the concept of broadcasting and that was transmitted by wireless means, and not to describe broadcasting services for free Because it means that these services are provided free of charge, while the contrast or pay basis element of the broadcasting services. And deal with the problem the absence of legislative organization texts of the restrictions contained on the legal protection of the broadcasting services and emphasize the importance of the restriction on the right of the public to access major importance based on the right to get the information that prevents the exclusive broadcast of the events which are of major importance for the Iraqi society, in a way the events lead to deprive a large proportion of the possibility of follow - up of these events directly or deferred coverage.

الباعث الشريف واثره في التجريم والعقاب Sharif Motive And Its Impact On The Criminalization And Punishment

اسم المؤلف: هدى علي عنيد كاظم

اسم المشرف: كاظم عبد الله حسين الشمري

الموضوع العام: القانون

السنة: 2016

الموضوع الدقيق: القانون الدولي الجنائي

الدرجة: ماجستير

الجامعة: الجامعة المستنصرية - كلية القانون

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

المستخلص: تصنف البواعث من حيث الوصف الى بواعث اجتماعية واخرى غير اجتماعية، والباعث الاجتماعي هو : (ماتمليه الرغبة في المحافظة على الشرف والكرامة )،ويسمى في قانون العقوبات العراقي بالباعث الشريف وفق ماورد في المادة (128) التي نصت على انه : (.......يعتبر عذرا مخففا | Classified motives in terms of description to a social motive and other non - ajtmaah,social motivation is(matmelih desire to maintain the honor and dignity ), and called on the iraqi penal code balbaos sharif according to the false text of article(128) , which stipulates that (…….itconsidered amitigating excose to commit a crime motivated dishonest…..),it is noted that the iraqi penal code has peen devoid of a special organization balboaos only that he considered legal excuses diluted penalty to be imposed,but the penal code and that he did not draw the emitter foundations and useful rules of thunb when determing its uses during the season in the issues raised before the trial court,But the penal code and that he did not draw the emitter foundations of fixed rules determine its uses during the seasonin the issues before the trial court ,but he took it in some cases,without mentioning him , and did not leave the legislator to the judge the power to describe the motive for certain crimes vaattabrh motive honest and arranged impactand arranged the legal effect of it in terms of mitigation of punishment on the offender ,as is the case in the murder of a newborn child or abort the bregnancy in order to brevent a shame if his mother had carried him a serial killer(article 407 of the Iraqi penal code ), it is admitted that penal laws do not confuse the motive sharif and criminal intent ,as albgat is not an element of the crime and has no effect in the presence or in the terms of the punishment ,if the availability of staff of the crime committed the offender worthy to carry criminal resbonsibility is not a lesson after the punishment maturities ,in cluding paymint the perbetrator of the crime is not a lesson that was conducive honorable or despicable ,it follows that the motive does not affect the existence of the crime ,but its impact is limited to the sanction pronounced,and that mitigation in the limits sbecified by law and in accordance with the authority granted to him in power between the highest and lowest legal limits in accordance with the provisions of articles (130,131,132). Finally the motive on the grounds sharif a factor in the sentence makes him a reason to achieve justice that principle which is one of the principles that mean outgrow their constitutions and laws to achieve that equali

النظام القانوني لعقود البث الفضائي : دراسة مقارنة The Legal System Of Satellite Contracts A Comparative Study

اسم المؤلف: هدى جواد عبد الرضا

اسم المشرف: راقية عبد الجبار علي

الموضوع العام: القانون

السنة: 2016

الموضوع الدقيق: القانون المدني

الدرجة: دكتوراه

الجامعة: الجامعة المستنصرية - كلية القانون

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

المستخلص: This kind of contract is considered a new type of contract since it was not known until recently. This is the contract of broadcasting through satellites. This contract is a performance one, committed by the provider of the service. The provider should be responsible for the trustworthiness, legitimacy, morality and authenticity of the material broadcasted. On the other hand, the user is obliged to pay and be cooperative with suppliers by providing the necessary information for broadcasting. In addition to providing the right, thorough, and up to date information the benefactor is committed to pay and cooperate with the supplier. This is done through providing follow up about the broadcast needed. Both parties should assure the confidentiality of the information wither this information is known before or after contracting. Therefore any violation of these regulations must face civil accusations for both parties of the contract. The communication laws referred to them in Iraq, Egypt, Jordan, Oman, and the UAE. There are certain penalties and fines imposed on every breach of the contract from both parties. These contracts require certain approvals from the country in which it is broadcasting. Otherwise the country has the right to stop the broadcasting. In Iraq it lies under the responsibility of media and communication ministry. They require satellite and ground stations their duty is to send and receive from and to satellites. These stations are usually based in other countries, this may cause a problem committing to the regulations in times of disputes.Thus it is preferable to state allstations in one country. According to the contract regulation the implicit or explicit rules do not solve the problem. Therefore the terms of the shared nation and the place where the contract took place, should depend on rule number 25 from the Iraqi civil law regulation number 40 1951. We decided to follow rule number 30 of the prejudice performance the of and to mend the gap of the application of laws we depended new regulations derived from the laws of transmission and the reception country. In addition to accepting the laws of the transmission country since their laws is known from both disputed parties.

حل الاحزاب السياسية في العراق : دراسة مقارنة Dissolution Of Political Parties In Iraq (A Comparative Study)

اسم المؤلف: نوال جرو كاظم

اسم المشرف: مهند ضياء عبد القادر

الموضوع العام: القانون

السنة: 2016

الموضوع الدقيق: القانون الاداري

الدرجة: ماجستير

الجامعة: الجامعة المستنصرية - كلية القانون

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

المستخلص: بالنظر للاهمية التي تحظى بها الاحزاب السياسية، فقد اصبحت محل اهتمام ودراسة الباحثين في المجالات القانونية والسياسية، لذلك اخترنا جزئية معينة من ضمن موضوع الاحزاب السياسية كتنظيمات وجماعات سياسية تمارس دورا مؤثرا في حياة النظم السياسية، وهذه الجزئية تتعل | According to the importance given by the political parties, it became focused by researchers of legal and political fields. This is why we choose a certain part of political parties subject as an organization and political groups that has an influential role in the political system life and this part deals with parties dissolution by showing the factors and conditions that lead to political parties dissolution. There are many studies on political party and in different political systems, but the focus has always been on the mechanisms of the establishment of political parties, its pluralism and the methods of financing without the theme its dissolution which led to choose the title of (Dissolution of Political Parties in Iraq - A comparative study).This thesis has adopted more than a certain approach to study the subject through the use of the historical method to trace the evolutionary path that passed by the parties, as well as the adoption of the analytical method in the study of the legal legislations that addressed the issue of political parties dissolution by showing political parties regulating legislations since the monarchy in Iraq till present time and analyze its content as well as the use of comparative approach in order to study the issue of dissolution political parties by including the legal texts which organize the process of dissolution the political parties in Iraq and some other comparison countries which has been chosen for the similarity of its political environment and because it have the status of permanence and stability.The details of the study included the presentation of the concept of political parties during the definition of the emergence of political parties, the elements of the political party and the distinction between political parties and likewise all other policy organizations.Also, the obligations that are imposed on political parties were discussed for the principles and objectives of the political parties or liabilities related to the establishment of these parties.We've also dealt with the subject of legal regulation to dissolute political parties through the study of censorship imposed on the activity of political parties and the elements that lead to the dissolute the political party as well as showing case studies of dissolute political parties.Finally, we would like to clarify that the problem of research is the lack of clear provisions that mainly shows the legal arrangements related to the dissolution of political parties and this is because of the weakness in partisan legislations in general which forced us to use more than one approach in this study as well as comparing current Iraqi legislations with the legislations of comparison countries such as Germany, France, Jordan and others

القضاء الاداري المستعجل : دراسة مقارنة Accelerated Administrative Judiciary Comparative Study

اسم المؤلف: نسرين جابر هادي

اسم المشرف: حنان محمد مطلك القيسي

الموضوع العام: القانون

السنة: 2016

الموضوع الدقيق: القانون الاداري

الدرجة: ماجستير

الجامعة: الجامعة المستنصرية - كلية القانون

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

المستخلص: Accelerated Administrative judiciary is one of the most important topics in practical life, because following the path of ordinary courts in certain special cases may cause the loss of time, and of damaging the interests of individuals if they delayed their access to judicial protection.So this kind of judiciary was found to solve cases that are characteristic with urgency, and the impossibility of right's delay, because speed is one of the characters of the evolution of life in any community, and it became an essential part in human life. Then it became a duty to develop judicial systems in order to achieve the speed of resolving disputes.And if this obligation is essential in cases considered by ordinary courts, it is a fortiori be a matter of resorting urgent elimination in an easy way, without difficult requirements that hinder the speed and justice envisaged by resorting to urgent justice, especially since the recent legislation aimed that urgent provision shall be achieving all that a party needs if issued in his favor.no doubt that the proper administrative justice and judiciary require scrutiny and give the parties the sufficient times and deadlines adequate to prepare their defense, but on the other hand we see that this deliberate and slow procedures often causes wasting of rights and freedoms and damages that are hard to be fix after the verdicts and judicial decisions are issued, because it is often this procrastination is intentional from one party to gain time and to bring about damage to the other party.And if urgent measures in front of French administrative judiciary have evolved over a century, the urgency in administrative law in Iraq measures did not meet this development, as the legislature did not put any provisions in the State Consultative Council Law No. (65 of 1979) on the administrative urgent demands which leads to the return to the Iraqi Civil Procedure Code No. (83 of 1969 regarding the Accelerated Administrative judiciary, based on article (7/11) of the Act, which approved the application of the procedures set forth in the of Civil Procedure Code when it is not provided for in the law of the State Consultative Council. And then urgent measures remained before the Consultative Council. And then urgent measures remained before the administrative judge in Iraq unknown legal field for the judges and litigants

الاختصاص الاداري في المنازعات الجزائية : دراسة مقارنة The Administrative Jurisdiction In Penal Disputes A Comparative Study

اسم المؤلف: لبنى عدنان عبد الامير

اسم المشرف: وسام صبار عبد الرحمن العاني

الموضوع العام: القانون

السنة: 2016

الموضوع الدقيق: القانون الاداري

الدرجة: ماجستير

الجامعة: جامعة بغداد - كلية القانون

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

المستخلص: In the past , the activity of the state was exclusive on traditional functions (defense , security and justice ) and jurisdiction was considering all disputes which astate is a part , but after the world two. The state found it self against deconstruction and ruin , and it was obligliged to intervere in numerous aspects and activities to restrict realising of corpitalin investment of what it represented unfair of the individulal rights and this intervention resuited a lot of dispates generated between the state and the individuals and inorder to face the legislatiue in flatation phenomenon in the penatty aspect and mitigating burden of jurisdiction to consider the most important and critical issues which are more difficult and complex which could be managed outside the litigation , besides avoiding those committed simple crimes from attending courts and lozt to be of criminal instig , besides the administration problem which are in need of flexibility and speed to management which are not existed in ordinary or administrative jurisdiction of what it needed action and schedules often take along time , besides the administration have enough conception of problem and obsticles in interrupted it and it is the suitable authority to find the necessary solution of the problem in the ordinary circumstance and the exception one for all this the legislat or granted the administrationjurisdical authority considering the litigations of some lows and regulations violation of crimes not deserve to face criminal penalties for their simplicity and less importance.The thought of granting judicial authority to set administrate penality was not accepted at the beginning being effect one of the basic principle of the modern state which is seperating among authorities , besides non arability the guarantee penality for the administration signimg them represent opponent and arbitrator at the same time , but this interuption quickly dis pensed with development that accrued , for the principle of seperating among authorities characterized by flexibility which is relative principle based on cooperdtion and balance among the authorities also the legis latros restricted the administration was group of objective guarantees and actions when prating its specialty of jurisdiction to impose the general administrative penality to avoid unfair of using its power to maintain the individual rights and freedom

المسؤولية الدولية الناجمة عن ادارة النفايات الخطرة International Responsibility Arising From The Management Of Hazardous Wastes

اسم المؤلف: كرار عبد الرضا طاهر

اسم المشرف: هديل صالح الجنابي

الموضوع العام: القانون

السنة: 2016

الموضوع الدقيق: القانون الدولي العام

الدرجة: ماجستير

الجامعة: الجامعة المستنصرية - كلية القانون

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

اقصاء الموظف العام من وظيفته : دراسة مقارنة Pubic Employee's Exclusion From The Job Comparative Study

اسم المؤلف: كاظم خميس كاظم التميمي

اسم المشرف: رشا عبد الرزاق

الموضوع العام: القانون

السنة: 2016

الموضوع الدقيق: القانون الاداري

الدرجة: ماجستير

الجامعة: الجامعة المستنصرية - كلية القانون

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

المستخلص: The keenness of the legislator to improve the public civil service making it necessary to care when choosing the employment staff and stipulating requirement of ability and efficiency in appointing in public office for public interest, for it legislator puts usually conditions that must be met in candidate for public office, it is worth mentioning that these conditions for appointment to differ from country to another, depending on prevailing in that country's legal system. By reference to our Iraqi legislator whereas stipulated conditions the Iraqi legislator several conditions for appointment to public office, it is of two types personal conditions relating to the person of the candidate for appointment, including the requirement of citizenship, a lifetime condition, the condition of the school certificate, including the objective conditions relating to the existence and function, the requirement for the degree of vacancy in the permanent staffing, a decision appointment of the set by law, and other conditions as the legislator put a penalty on failure of one or all of these conditions for the candidate to the public office, an exclusion from public office based on the provisions of Article 62 of the Iraqi Civil Service Act No. 24 of 1960, but the This law did not know this term, and it can be defined the term of exclusion that (it is one of the states or the reasons for the termination or expiration of the functional link between the public employee and the state). In other words, it is breaking the functional link between the public employee and management. It is seen from the above that the career exclusion is the subject of the availability or unavailability of the conditions set by the legislator to engage in public service in order to formalize the legal status of public official on a person, and therefore that exclusion is not a disciplinary penalty imposed on the employee, because the disciplinary sanctions came on exclusively under the discipline of state employees and the public sector Law No. 14 of 1991, and therefore the career exclusion can be definedIt is a legal action exercised by the administration and within the limits of legal powers include the employee from a job as a result of the exclusion of breach of condition and more of the conditions of appointment provided for by law. It is noted that the career exclusion differs from the isolation and separation from employment as their respective terms, conditions differ from each other in addition to the legal implications of each.The importance research study begins and the reason for its choice as the title of our mission the result of psychological, social and economic impact of termination of employment whereas some likening penalty in the Criminal Code on the grounds that it does not only affect the employee but extend to his family, so it was necessary to search as provided by the legislator from guarantees and controls and conditions that may reach the employee from which to cancel the decision to terminate its relationship with the public service through its appeal. On the other hand increased the importance of exclusion in recent times in all Iraqi government departments as a result of the increase in cases , it is was accompanied by confusion evident in the use of exclusion from employment as may resort management sometimes to the exclusion rather than isolation despite the non - applicability of the text for exclusion contained in the text Article 62 of the Civil Service Act No. 24 of 1960 amended, and this between us through resolutions spend own exclusion Court staff.

الالتزام بالافصاح في سوق الاوراق المالية : دراسة مقارنة The Obligation To Disclose In The Stock Market (A Comparative Study

اسم المؤلف: عمار عبد الرحمن صبري داود

اسم المشرف: وليد خالد عطية

الموضوع العام: القانون

السنة: 2016

الموضوع الدقيق: القانون التجاري

الدرجة: ماجستير

الجامعة: جامعة البصرة - كلية القانون والسياسة

اللغة: العربية

مكان الجامعة: البصرة

الصفحات الاولى:

المستخلص: The stock market is one of the main pillars of the economies of the countries in the world today, especially after the trend of globalization, and the reflection of the effects of globalization on all aspects of life, including economic life, there is no doubt that the market growth and its development is only by developing the trust for the investors, by providing the data and the information which contribute to rationalize their decisions, and this can only be achieved if found in the stock market a tool serve as a channel flowing ones that information, and this channel is to disclose information relating to companies listed on the stock market. That's become the obligation to disclose in the stock market is an important way to monitor the company's activities, and to assess its performance, as he is one of the key factors in attracting capital, as it has an effective impact on the behavior of investors, since it increases the confidence rates, and safety among investors regarding for safety and financial company in particular, and the financial sector in general, through made available to investors on all aspects of the company's activities, on the grounds that the investor, whether physically or mentally has no direct means receives them that information, but to rely on information and reports revealed by those the company, for its activity and financial position in the stock market. Therefore, matching the information of reality, make his investment decision founded on realistic data, and vice versa if that information is not conform to reality quickly show him his investment decision is wrong. Based on this, there was an idea in the writing of this research, which contributed to the formation of this idea is the recent stock market experience in Iraq, this experience did not start in an orderly fashion, but in 1991, after the Baghdad Stock Exchange Act, which coincided with the economic sanctions, the recession economy, so it was not the law of any significant role in promoting the revitalization of the economy, and then the Iraqi interim law of 2004, which requires study, research, and scrutiny came, in particular, and he was put on hastily, an interpreter for the law streaked significant shortage, and contradiction, and not clarity, with a brief to organize disclosure in the instructions issued by the market and is related to the disclosure of listed companies, and brokerage firms, as well as the disclosure of proportions affecting and that you need to study and scrutiny, analysis, to identify shortcomings, and how to address them The search obligation to disclose in the stock market is a comparative study, by adopting a plan to discuss this issue aimed at briefing the multiple aspects of him, and in line with its importance, I divided this message in three classes as follows : The first chapter is to demonstrate the importance of complying with the disclosure in the stock market, which included two topics, the first topic devoted to the statement of commitment to the concept of disclosure in the stock market, and the second one to deal with the legal obligation to disclose rooting for in the stock market.The second chapter : it deals with the scope of the obligation to disclose in the stock market, by dividing it into two topics, the first topic deals with the scope of the obligation to disclose in the stock market in terms of the shop, and the Study of the second one deals with scale personal obligation to disclose in the stock market. Then the third and final chapter talked about the statement of commitment to disclose guarantees in the stock market and its breach penalty, which included two sections, the first dealing with the Study of the obligation to disclose guarantees, Study of a second to address the penalty violation of the obligation to disclose in the stock market. Then I have caused those chapters conclusion involving the most important content and the most prominent of the outcome of the search

النظام القانوني للفحص الضريبي في قانون ضريبة الدخل العراقي النافذ The Legal System Of The Tax Examination In The Influential Iraqi Income Tax Act

اسم المؤلف: صبا فاروق خضر الدليمي

اسم المشرف: بان صلاح عبد القادر الصالحي

الموضوع العام: القانون

السنة: 2016

الموضوع الدقيق: التشريعات المالية

الدرجة: دكتوراه

الجامعة: الجامعة المستنصرية - كلية القانون

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

الحماية الجنائية لطيف التردد الاشعاعي في مجال الاتصالات : دراسة مقارنة Criminal Protection For Radiation Frequency Spectrum In The Field Of Communications

اسم المؤلف: زياد طارق محمد الخفاجي

اسم المشرف: تميم طاهر احمد الجادر

الموضوع العام: القانون

السنة: 2016

الموضوع الدقيق: القانون الجنائي

الدرجة: ماجستير

الجامعة: الجامعة المستنصرية - كلية القانون

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

المستخلص: شهد العالم في القرن العشرين تطورا كبيرا في مجال الاتصالات، حيث تزايد الاقبال على تقنياتها لما تقدمه من خدمات كبيرة وبسبب الاهتمام المتزايد عليها والسعي الى تطويرها برزت وسائل جديدة للاتصال تعتمد في عملها على استخدام الطيف الترددي وهي وسائل الاتصالات ال | The world witnessed in the twentieth century, the emergence of a new revolution followed by the industrial revolution : the communications revolution, with the growing popularity of technologies for its great services in various fields, because of the growing interest in them and seek to develop emerged as a new means of communication that rely on spectrum technique, a means of wireless communication.Defines the frequency spectrum that electromagnetic waves that have frequencies and a given wavelength makes it suitable to be the channel that flow out information in all its audio - visual, growing and its importance in the lives of individuals and nations and having become an important interest, at the same time natural wealth common to all countries of the world, according to international controls developed by the United Nations Organization through the specialized agency in this regard and which the International Telecommunication Union, it has most of the world to organize this vital area so guided by its international obligations and by the fact that most of these countries are members of this union.The Telecommunications Regulatory laws of one of the most important means of legal protection in general of the means of communication and in particular of the spectrum used in wireless communications.We have noted shortcomings in Iraqi legislation in this area, as the laws that provide the legislative framework for the protection of the means of telecommunications is not proportional to the great development taking place in this area and these laws the Iraqi Penal Code which addressed molesters means of telecommunications in the articles (361 - 362 - 363) as well as the Iraqi Telecommunications Law No. (15) For the year 1980.And what progress we dealt with the subject in search marked the criminal protection of the frequency spectrum of radiation in the field of communications in four chapters. In the first chapter we dealt with in the search in the nature of the spectrum and how to use it in communications as well as its importance for the rest of the means of communication as it is a technical basis in the work of modern means of communication in general.The second chapter dedicated to the statement the concept of criminal protection for radiation frequency spectrum in the field of communications. To illustrate the criminal protection applications in the subject in comparison penal laws we have dedicated the third quarter. In the fourth quarter we had some special protection and means of communication in general and in particular spectrum which appeared in the Telecommunications Regulatory laws and legal forms. We then tried to offer some of the conclusions and proposals that we have, including the proposals put forward for the crimes and criminal penalties that provide protection if the Iraqi legislature to pass the Telecommunications Regulatory Act. In conclusion, we ask the Lord Almighty to guide us in our dear country service

سلطـة الادارة في مكافحـة الارهاب ورقابـة القضاء عليها : دراسة مقارنة Administrative Authority In Combating Terrorism And The Judicial Supervision Over It : A Comparative Study

اسم المؤلف: رنا علي حميد السعدي

اسم المشرف: وليد مرزة حمزة المخزومي

الموضوع العام: القانون

السنة: 2016

الموضوع الدقيق: القانون الاداري

الدرجة: دكتوراه

الجامعة: جامعة بغداد - كلية القانون

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

المستخلص: The phenomenon of terrorism is the most dangerous phenomena that have had a negative impact on the reality of the communities in the whole world, especially in the humanitarian part; the seriousness of this phenomenon in the contemporary world has been exacerbated, that terrorism is turning into a global phenomenon that touches and affects all aspects of life for the people of the world. Terrorism no longer regards a party or one nation or state without the other, but everyone is involved, regardless of its causes, forms and objectives and even the nature of those who stand behind it. It seems that this fact has been realized by the world and it has sought to combat it and reduce its devastating effects on the human, cultural and economic and even political aspects of life through the development of a number of legal means and measures to seriously eliminate the phenomenon of terrorism. Since the administration is entrusted with the rule of law combating terrorism and maintaining public order in the country, and the authorization of the Constitution and the law powers to cope with cases of violation of public order to realize their role in the security of the maintenance and the order of society, the administration exercises multiple and varied burdens, it claims to satisfying public needs and maintain public order, as it represents a fundamental protection for the interests of state - of - hand, and to achieve balance and proportionality between these interests and take care of personal rights and freedoms of individuals on the other hand. But these actions and measures taken by the administration must be taken within the limits of legal regulations, and in this regard are subject to judicial control. If the authority in the legal state is based on the idea of law and closely linked to it, the necessity that the work of the General Authority will be a part of law, this subordination of business administration controlled almost entirely by the judiciary means in line with the principle of the rule of law, as it should be all the actions of the administration in the limits of the law, and e law here is used in its generic sense. The destruction of all binding rules in the state, whether a blog or customary whatever the source, taking into account the gradient in power, and the consequent violation of the principle of legality, administrates invalidity of the act which violated the law, since each owner shall be entitled to the right to request its cancellation and have its implementation as well as the right to request compensation.The dissertation is discussed according to the following scheme : it is divided into two parts and a conclusion.Part I, entitled the legal basis for the administrative authority in the fight against terrorism, and its competent management includes two chapters : Chapter I focuses on the legal basis for the administrative authority in the fight against terrorism and the practical scope. Part II of this study is entitled the management tools in the fight against terrorism and the elimination of censorship exercised and consists of two chapters : Chapter I deals with the means of administration in the fight against terrorism in Iraq and Comparative Law, Chapter II focuses on the control of the judiciary to exercise management authority in the fight against terrorism.Finally, the conclusion sums up the most important findings and recommendations.

جريمة تخريب الاثار : دراسة مقارنة The Crime Of Sabotage Relics (Comparative Study)

اسم المؤلف: رقية عبد العباس سيد

اسم المشرف: جمال ابراهيم عبد الحسين الحيدري

الموضوع العام: القانون

السنة: 2016

الموضوع الدقيق: القانون الدولي الجنائي

الدرجة: ماجستير

الجامعة: جامعة بغداد - كلية القانون

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

حماية الزوجة من العنف الاسري : دراسة قانونية جنائية مقارنة Protect The Wife Of Domestic Violence (Study - Compared To The Legal - Jnaiah)

اسم المؤلف: رسل فيصل دلول حمادي

اسم المشرف: فخري عبد الرزاق صلبي الحديثي

الموضوع العام: القانون

السنة: 2016

الموضوع الدقيق: القانون الدولي الجنائي

الدرجة: ماجستير

الجامعة: جامعة بغداد - كلية القانون

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

المستخلص: يعد موضوع ( حماية الزوجة من العنف الاسري - دراسة قانونية جنائية مقارنة ) من المواضيع المهمة والهادفة الى توفير الحماية الجنائية والقانونية للزوجة باعتبارها المصلحة التي يحميها القانون عند تجريم فعـل العنف المرتكب على الزوجة وذلك لان الله (عز وجل) خلق ال | The subject (the wife protection from domestic violence - criminal legal comparative study) of important topics that aimed at providing criminal and legal protection to the wife as the interest protected by law, When the criminalization of an act of violence perpetrated to the wife because Allah (God) created human, whether a male or a female successor to make it in the ground, did not differentiate in his creation, but the creation of our Prophet and our father Adam and mother Eve from clay, Despite the confirmation monotheistic religions on compassion , kindness and compassion as a tool of communication between human beings. Any human achievement and development depends on the pillars of stability , familiarity, peace and love, but humanity still pay a Prohibitive tax of security and stability because of the extent of the damage incurred by the humanitarian incur as a result of violence and for the adoption of a way of life and communication. Therefore, Problem of the most serious problems and that in particular had a significant impact on the wife and the family and the community in general has spread, namely the problem of protecting the weif of domestic violence Which directs it from her husband In fact, the wife position is the subject of Search study of the phenomenon of violence against women is the eternal theme has met a great interest, especially since the subject has been and continues to be a large concern among international organization and human rights as well as civil society institutions, and humanity organization was talking about the wife and their status in the family or in the corridors of the community and our goal of this study is to develop the wife position and protection from domestic violence. To do this by searching in the confrontation way of this phenomenon, namely domestic violence and then stand on the causes and examine the substantive and procedural provisions toprotect the wife of domestic violence, according to the provisions of the Iraq Penal Code No. 111 of 1969 and other laws and comparative statement doctrinal views associated with the subject, so we divided the study into four chapters preceded by an introduction and conclude it contains conclusions and recommendations,And as follows : 1. The first chapter, that deals with the statement of the nature of violence and divided into three sections, the first section the definition of violence and the second section the nature of the violence and thethir dsection Resume violence 2. Chapter II, which reviewed the legal adaptation to discipline the wife, and divided by the two sections, the first section husband's right to discipline the wife and the second section for the disciplinary reasons to the wife. 3. Chapter III, that assigned to Search Images criminalization and divided the two sections, the first section of violent crimes in the Iraqi Penal Code, the second topic of violent crimes in thePersonal Status Law. 4. Chapter IV that deals with the way to ensure protection has two sections, the first section wife's right to self - defense and the second topic means the ways of move the lawsuit , and we have sealed our research conclusions and recommendations

الرقابة القضائية على التحكيم في المنازعات المتعلقة بالعقود الادارية : دراسة مقارنة

اسم المؤلف: حيدر مدلول بدر عبد الله

اسم المشرف: حنان محمد مطلك القيسي

الموضوع العام: القانون

السنة: 2016

الموضوع الدقيق: القانون الاداري

الدرجة: ماجستير

الجامعة: الجامعة المستنصرية - كلية القانون

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

المستخلص: The administration resorts - in the process of performance of its obligations - to many means, it may resort to issuing administrative decisions in order to make a certain impact on the basis of its authority in issuing decisions under the laws and regulations, and it may resort to agreements and compromise with others, whether they are individuals or companies, to perform what is so - called contract, by which obligations and the rights of both parties are determined.The importance of administrative contract as a method that is used by the administration to express its own will both at the internal or international level due to the tendency of the states to market economy, and the need to encourage national and foreign private investments.Of course an administrative contract may cause disputes between the parties that require the need to end it, and despite the fact that the administrative court is competent in the consideration of administrative contracts’ disputes, but due to the backlog of cases before the courts, slow procedures, the possibility of prolonged conflict because of the multiplicity of levels of litigation, and the possibility of appeal in verdicts before the courts, as well as the desire of foreign parties to be liberated as much as possible from the constraints imposed by the legal systems of litigation to the extent that bring them the prompt settlement of disputes in general, and administrative ones in private, all of that led to the necessity of finding other means beside the state’ judiciary in order to ease the burden on the latter, And legal systems have already responded to it and Created a lot of optional and alternative ways to the state’ judiciary in resolving administrative contracts disputes, and arbitration comes in the forefront of these ways.Arbitration appeared as an agreement to submit the dispute to a specific person or persons designated to resolve it without the competent court, but as a system it is not without flaws which imposed a judicial control, either in the previous procedures stage on or in the subsequent stage, in order to avoid these disadvantages and tranquility of the availability of real or fictitious fears of listing down arbitration in administrative contracts.Arbitration as a special tribunal exercising its jurisdiction outside the mandate of the State Judiciary, where the parties to the conflict select together an arbitrator to resolve it, so the wills of the parties grant an arbitrator the authority of government, though arbitration derives its effectiveness and the enforcement of his decisions of the authority the state’ judiciary as the only public authority that owns the power to bind opponents to the implementation, and here the State Judiciary supplies Arbitration with the reasons for its effectiveness in order to achieve justice, and this is so - called judicial control of arbitration.And in spite of the importance of judicial control over arbitration, particularly in the field of administrative contracts, but it did not have the attention of the jurisprudence of public law in some regimes such as Egypt and France, because of the preoccupation with this jurisprudence with the problematic of the extent to which administrative contracts disputes to arbitration, that no longer exist and of no importance because Arbitration has become a global judicial system and inserting it in commercial contracts, whether international or local, whether civil or administrative is granted

التنظيم الدستوري والقانوني للحقوق والحريات الاقتصادية : دراسة مقارنة The Constitutional And Legal Rights And Economic Freedoms Regulation (A Comparative Study)

اسم المؤلف: حسين غازي كاظم الزبيدي

اسم المشرف: مصدق عادل طالب

الموضوع العام: القانون

السنة: 2016

الموضوع الدقيق: القانون الدستوري

الدرجة: ماجستير

الجامعة: جامعة بغداد - كلية القانون

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

العقود الادارية المستحدثة ودورها في تنظيم المرافق العامة الضرورية في العراق : دراسة مقارنة Administrative Contracts Developed And Its Role In Organizing The Necessary Public Facilities In Iraq Comparative Study

اسم المؤلف: ستار جبار شلاش البدري

اسم المشرف: وليد مرزة حمزة المخزومي

الموضوع العام: القانون

السنة: 2016

الموضوع الدقيق: القانون الاداري

الدرجة: ماجستير

الجامعة: جامعة بغداد - كلية القانون

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

المستخلص: تهدف الدراسة الى ابراز اهمية هذا النوعين من العقود في تطوير المرافق العامة الضرورية للدولة بوصفهما من الخيارات المهمة لها لحل المشاكل الناجمة عن تشييد وادارة المرافق العامة الاساسية فيها طبقا للتعاقد بموجب الاساليب التعاقدية التقليدية، وذلك لما لها من ق | The research aims to identify the significant of these two types of contracts to develop the necessary public utilities of the country which describes as an important option for it to solve the problems that results from establishment and management the essential public utilities according to traditional contract methods as well as the ability that it have to provide large financial abilities and high technology especially the monopolized by specialized companies , this matter pushed most of countries especially the private sector to access as an important participant in operating the large projects to move the economic development of it. From here the idea of modern management contracts is come to stimulate in order encourage the specialized management parties in the country to follow this kind of contracts , since it depends on the available theoretical information of methodologies that associated with the general concepts and identify the concept of modern management contracts ,analysis of issued laws and the regulated party and apply what related with major projects which had operated according to modern management contracts, considering the comparative approach of some countries that dealt with this kind of management contracts. The most important results that have been concluded is despite the important of applying this kind of contracts but it didn’t get legal regulation in Iraq until now although the increase its importance for project requirements either in substratum or industrial projects required to achieve economic development such as this financial modern modules , also applying this kind of contracts led to process confusions due to traditional contracts in agreement , such as the invest of projects when there is lack of government budget and shortening in processing the operation of projects that government has connived the government for local company or directed fulfillment , in addition to the lack of experts and the weakness of public technology the required for set these projects plus to financial and management corruption that associated with traditional management contracts. The most important recommendations is set private law to regulate tow contracts (B.O.O.T) and (PPP) separately or to implying them in one act that involves the all contracts whereas the private sector is one of their parties such as in Egypt , includes financial , management and technical aspects , in addition to set plan with projects that suggested to set according to these two types of contracts and prepared perfectly to study the feasibility and technical one plus to prepare national mangers the able to deal with this type of modern management contract.

خصوصية اجراءات الدعوى الجزائية للحدث : دراسة مقارنة مع المواثيق الدولية Privacy Of The Crminal Lawsuit Procedures For Juvenile A Comparative Study With The International Charters

اسم المؤلف: اسماء ابراهيم حسين حبيب الشمري

اسم المشرف: صباح سامي داود

الموضوع العام: القانون

السنة: 2016

الموضوع الدقيق: القانون الجنائي

الدرجة: ماجستير

الجامعة: جامعة بغداد - كلية القانون

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

المستخلص: ان الدعوى الجزائية للحدث تتمتع بخصوصية تختلف عن الدعوى الجزائية للبالغ، وتتمثل تلك الخصوصية بالاجراءات المتخذة قبل الحدث سواء في مرحلة التحقيق او المحاكمة وفرض التدابير وتنفيذ تلك التدابير، وان السبب في تميز الدعوى الجزائية للحدث عن البالغ بتلك الاجراءات | The penal procedures for the juvenile have a privacy differ from the penal procedures for the adults.The privacy of those actions taken prior to the event, both in the investigation phase or trial and impose measures and the implementation of those measures and the cause the differentiate of the criminal procedures for the juvenile from the adults returned to the same individual juvenile. Because he is of intrest legislation he represents the age group configuration weak and vulnerable. Including surrounded by but at the same time reparable as well as the judicial organs aims to him through that juvenile privacy in treatment and evaluation and repaired and brought back useful element in the community. So to the importance of the juvenile as age group interest to the community We focus in this study to examine the characteristic of the penal procedures for the juvenile from those of the crminal procedures for adults we work to high light the privacy enjoyed by crminal procedures for juvenile by comparing the actions taken for juvenile with the actions taken for adults both in the investigation and trial phase. Then compare it with the international standards through the study of the united nations convention on the rights of the chiled in 1989 and the standard minimum rules for the administration of juvenile justice " Beijing rules for the year 1985"and international pledge for the urban rights and politics in1966 and united nations for the protection juveniles who deprived from their rights In 1990 and the instructional principles of the united nations for preventing juvenile delinquency in 1990. In an attempt to show the extent of matching the measures taken by the Iraqi juvenile courts with international standardsWe will discuss the subject of our mission in detail through three chapters. In the first one we will discuss the juvenile and the legal regulation of juvenile courts.We will devote the first part to the definition of the juvenile and the second part includes the court proceedings and the second chapter we will clarify the crminal procedures for the juvenile which includes the first section to clarify the investigation procedures and the second section includes clarifying the court proceedings.And the third chapter we will devote it to clarify the verdicts of juvenile courts and ways to implement and we will discuss the chapter in three sections the first : we be about the measures issued against the juvenile.The second : t clarify ways to appeal verdicts and the provisions of the statue of limitations.The third : to clarify the implementation of the verdicts and super vision.As mentioned earlier at all of that will be compared with international conventions.We have reached through our research several results and the most important was that the Iraqi legislator is considered one of the first lawmakers who they adopted criminal policy based on protection , repair and care the juvenile through what is contained in the juvenile welfare act of measures lacking in other countries laws, including text on the study of the personality of the juvenile in the investigation stage without simply provides personal study only in the trial stage, and entrust the mission of personal study to the office of personal study, which is the Iraqi legislature from law makers who have distinguished them selves by providing for the formation of an integrated so, as well as the lack of text in the juvenile, but sufficient therapeutic and correctional and educational measures, and this indicates any thing but indicates that the Iraqi legislatures commitment to international standards which makes the interests of the juvenile is the favorite

المسؤولية التقصيرية الناشئة عن استعمال الانترنت Tort Arising Responsibility Of Using Internet

اسم المؤلف: احمد جعفر شاوي الغراوي

اسم المشرف: عباس زبون عبيد العبودي

الموضوع العام: القانون

السنة: 2016

الموضوع الدقيق: القانون المدني

الدرجة: دكتوراه

الجامعة: جامعة بغداد - كلية القانون

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

المستخلص: ونحاول في هذه الدراسة ان نبين مسؤولية اشخاص الانترنت عن تعويض الاضرار الناشئة عن استعمال الانترنت , ومستخدم الانترنت هو الشخص الذي يلتحق بالشبكة العالمية بقصد الحصول على المعلومات او بقصد بثها على المواقع المنتشرة على صفحات الــ web فهو في الحالة الاولى ي | With reference to the technology development in the contemporary life, and the modern technology methods that widely used in most aspects of life especially in such legal aspects; which caused many problems that need solutions through legislative treatments. Most obvious problems were related to what we are taking about in this dissertation under the title "Tort Arising Responsibility of Using Internet", which includes many legislative problems starting from selecting Internet users, selecting who's responsible for this illegal use and how to improve that, moreover, we have Internet suppliers, sub - suppliers and the end users that caused this legislation. In addition, there is another problem that related to who is responsible of such illegal jobs through using Internet; and the arguments that took place accordingly, especially about the responsibility of the Internet suppliers because they are already technicians and have good experiences in this filed. Thus, the weighting balance was accepted the theory of material responsibility for assessing the responsibility on the basis of the damage without regard to the element of error and forcing the injured to prove the fault.Other problems that caused through using the Internet is how to select the errors with damages itself and the caused relationship, in which we noticed the contrasts of them according to the illegal method of using Internet.Moreover, the problem here is how to select which law that we have to apply especially we are talking about a global means, so almost, the damage happened in another country with more than one damage; exactly, like the assault on the Intellectual Rights that caused both literary and real damage, through publishing these workbooks from one of Internet users to the common, then saving them easily by many people. And another common example, is publishing the viruses through the Internet and hookers of such social method that caused many damages all around countries.After this discussion, there is a complex issue that related to the responsible court of these conflicts and how to estimate the compensation, in which it is very difficult to apply the common basis of civil law that leads us to apply such novel basis through an amendment to the provisions of civil law, or solving these problems under the Iraqi provision no. 78 for the year 2012 of electronic signatures, electronic process as well as the electronic contracts to include the provision of Tort Arising Responsibility of Using Internet for helping the Iraqi Judgment to solve such problems especially those who related to publishing issues.

الخطاب الاقناعي في كتاب الوساطة بين المتنبي وخصومه Discourse of Cogency In Al - Wasaata Book Between Al - Mutanabi And His Opponents

اسم المؤلف: زينب مهدي صالح

اسم المشرف: جابر خضير جبر

الموضوع العام: اللغة العربية وادابها

السنة: 2016

الموضوع الدقيق: الادب

الدرجة: ماجستير

الجامعة: جامعة البصرة

اللغة: العربية

مكان الجامعة: البصرة

الصفحات الاولى:

مقاصد طلب العلم في السنة النبوية : دراسة موضوعية Purposes Of The Application Of Science In The Sunnah Objective Study

اسم المؤلف: هدى عزيز خضيري

اسم المشرف: ندى عبد الله خليل

الموضوع العام: العلوم الاسلامية

السنة: 2016

الموضوع الدقيق: الحديث

الدرجة: ماجستير

الجامعة: جامعة بغداد

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

الملخص:

المصادر:

اسلوب القران الكريم في الايمان بالملائكة (عليهم السلام) Context Of Holy Qur'an To To Belief In The Angels Peace Be Upon Them

اسم المؤلف: نورا عماد قاسم

اسم المشرف: انس عصام اسماعيل الزيدي

الموضوع العام: العلوم الاسلامية

السنة: 2016

الموضوع الدقيق: العقائد

الدرجة: ماجستير

الجامعة: جامعة بغداد

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

المستخلص: Faith in the Angels it is corner of the Islamic religion, & It is the second corner after faith in God, The Angels world of the unseen worlds , God creat the Angels to worship Him and Ordered them some the tasks and functions including : Carry the message to the apostles and prophets, and this function of the most important functions singled out by the angel Gabriel and Blowing the trumpet , and prayer on the Prophet Muhammad (peace be upon him) and Management the universe, and witnesses on the actions of People. Anyone who reads these texts of Qur'an that relate to the faith in Angels, become this belief has clear, and the deepening of faith. Qur'an did not elaborate detailed and clear, about the creation of angels, remains of this science of the unseen. The texts on this subject have a significant impact in exile myths, has spread since ancient divinity of angels, or that the angels daughters of God, and sees some philosophers that the angels are the universe that we see in space, or other myths and legends. Although the facts that came in the Qur'anic texts and the Hadith are deepening in our souls faith in God Almighty alone is dominant in this presence, which put its soldiers from esteemed righteous angels to do different tasks. Angels creation of God's creation to worship Him, cram Abrar, to for the worship of God, and orders, God has denied them recipes Godhead and femininity, eating and drinking, and other Recipes humans, and The most important search results Follows : 1. They are Creat to obey God and worship, they are more creatures worship to God, because God Creaton this, them apostles who sends them to worship and his prophets, & whom Carrying the throne, And others. 2. the angels Gabriel and Michael to them Rank high God, Because of the most important jobs that implement them and is connected to the letter to the prophets and apostles.3. The Holy Qur'an has taken a lot of methods, to convince the people of Islam, these methods are consistent with the human soul that, Because God is the creator of this soul and teaches, and the Qur'an has a great approach different from any other worldly approach. 4. method is followed by the Qur'an in the Curriculum of persuasion Belief in the Angels , and the Curriculum of the story and the Curriculum of dialogue and the Curriculum section and Curriculum of news and complimenting the Curriculum and the Curriculum of repetition and Curriculum Sermon and a lesson.5. Qur'an texts wish once in the faith of the Angels and terrorize them again through the many verses reminded such as angels of mercy and pray for believers, and terrorizing them as angels of punishment and Hell's Angels.6. The Qur'an Section swear of angels in many verses at the beginning of the fence and this is proof of the greatness of the angels and the great created them.7. The method of the dialogue, such as angels dialogue with Mrs. Mary, peace be upon her, and angels dialogue with the Prophet Abraham peace be upon him & other dialogues it, & method cues from the creation of angels and why God created them , & method story like the story of the angels with Adam, peace be upon him and the story of the angels with Lot peace be upon him and And the story of the angels with Mrs. Mary, peace be upon her.

الملخص:

المصادر:

التوراة في احاديث الائمة المعصومين (عليهم السلام) : دراسة موضوعية The Torah In The Says Of The Infallible Imams (Peace Be Upon Them)

اسم المؤلف: نورا حسين علي

اسم المشرف: سلامة حسين كاظم ندى عبد الله خليل

الموضوع العام: العلوم الاسلامية

السنة: 2016

الموضوع الدقيق: علوم القران

الدرجة: ماجستير

الجامعة: جامعة بغداد - كلية التربية ابن رشد للعلوم الانسانية

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

الملخص:

المصادر:

الزهد عند الامام علي بن الحسين زين العابدين عليهما السلام : دراسة فكرية Asceticism Of Imam Ali Bin Alhusein, Zain Al - Abideen (Peace Be Upon Him)

اسم المؤلف: نداء كريم وهاب

اسم المشرف: احسان عمر محمد سعيد

الموضوع العام: العلوم الاسلامية

السنة: 2016

الموضوع الدقيق: علوم القران

الدرجة: ماجستير

الجامعة: جامعة بغداد

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

المستخلص: Praise to Allah, Lord of Worlds, and God blessings and peace be upon the best creature on earth; Prophet Mohammed, the last of prophets, and on his family and companions and whoever followed their approach till the Day of Judgment. Islamic asceticism is one of the important intellectual topics that has seen the light during Fajir al Islam and clearly continued in the beginning of islam with the emergence of many irrelevant concepts and rituals, including Monasticism, Isolationism, and superficial asceticism which is all about deceptive appearances to gain worldly benefits and appraisal that would satisfy the sick self. In order to get a clear idea about this , and recognize the characters of a true ascetic, and to reach the real meaning of asceticism , we have to choose a character that is well known for asceticism and peerless worship in its time , without being affected by any negative effects prevailing at that time , but remained maintaining the true Islamic originality and the pure image of prophetic asceticism to the successive generations to be a standard for the following images of asceticism and to show constants and variables.Depending on the above, I chose Imam Ali bin Al - Hussain Zain Al - Abideen - peace be upon him - being the pure stream of asceticism. Thus, the subject of my thesis was " asceticism of Imam Ali bin Al - Husein - peace be upon them - : an intellectual study ". It is a valuable subject deserves search and dive deeply to know what's asceticism to this ascetic worshiper imam and the reality of asceticism as well as the compatibility between life and asceticism, and could the ascetic person live a normal life , practice daily actions without being one of those interested in worldly benefits. The research results included : - Asceticism is an important and essential matter in Islam, which stems from the heart of Islam, with religious direct and indirect factors assisted in its emergence. - Asceticism has been mentioned in Holy Quran only once, in Surah Yousif, in which one verse indicated to the linguistic meaning of this word which is ( to disdain something and leave it ) , and didn’t reflect the idiomatic and ethical meaning of this word. - There are many verses in Holy Quran indirectly indicates asceticism. We can notice that from the many verses urging to leave worldly desires and not to rush on earthly comforts and pursuing the life after. - The first ascetic in Islam is the prophet Mohamed - peace and prayer be upon him - and his cousin imam Ali bin Abi Talib - peace be upon him - after him. - The linguistic meaning of asceticism is (to reduce and let go), while it has many idiomatic meanings like, to renounce earthly life, not to rush on it and to satisfy with little of it. - There are degrees of asceticism; the highest is not to love anyone but Allah, so that everything would be done for Allah. - The standard on which the level and honesty of asceticism is measured is the prophetic and Ahl Al - Bayt asceticism. - The ascetic life of imam Al - Sajjad - peace be upon him - simulates his grandfather imam Ali bin Abi Tabil - peace be upon him - life, being the pure mirror that reflected the prophetic asceticism. - The most prominent asceticism examples of imam Zain Al - Abideen is worship profusion, intense fear of Allah, trusting Allah, never surrender to adversities and misfortunes, and consistent thanks and appraisal to Allah for everything. - Imam Zain Al - Abideen practiced asceticism in all aspects of life, without isolation from people and what surrounds him. On the contrary , he hurried towards work and solving social problems of people, such as helping those in need, doing charity to people, helping the poor and repay the debts of those unable to, etc. - True asceticism is not only in appearances. It is a psychological condition comes from the inside of a human being that would control his appearance and attitude. - The age in which the imam grew up was very critical time to Muslims in general, due to the political disturbances, incitements and revolutions against injustice and intolerance, and manipulating Muslims fortunes. - The ascetic life of imam Al - Sajjad was rare and peerless and never similar to anyone. He prayed a thousand Raka'ah a day, in addition to many fasting days and pilgrimage. - Imam Zain Al - Abideen performed a lot of acts of worship. He prayed a lot, fasted and did pilgrimage a lot, did a lot of charity, and never refused anyone's request as long as he could do it. - One of the most prominent characters of imam was forgiving offenders despite he could punish them, but he did the opposite with them by giving them money they needed or helping them , so that they would acknowledge his favor and good manners and would change from haters to loving. - Imam Al - Sajjad - peace be upon him - has many great characters , such as : knowledge , piety , devoutness , tolerance , patience , bravery , honest , and many others. - Imam Al - Sajjad - peace be upon him - left precious and priceless fortune of prayers and a full document of maintaining human rights and describing his duties.In conclusion, we emphasize the fact that Islam is the religion of moderation, and there is nothing in it indicating to Monasticism and isolation from life and society. Islam rejects harsh practices of previous religions, it calls upon work and perseverance and pursuing development and reconstruction of earth, which is all done in love of Allah and to gain His satisfaction, not for the sake of earthly benefits. Asceticism is related to Man's behaviors for its stems from the inside, and not a mere apparent expression. It frees the heart from everything but Allah.

الملخص:

المصادر:

دراســة موازنــة بين تفسيري (مواهب الرحمن) للســـيد عبـــد الاعــلى الســبـزواري والشيخ عبد الكريم المدرس (بيارة) The Study Of Balance Between The Interpretation Of "Mawahib Al - Rahman" For ( Abdullah Al - Bazwari) And Al - Shaikh Abdulkareem Al - Mudaris

اسم المؤلف: نجلاء مولود عبد الله

اسم المشرف: نضال حنش شبار الساعدي

الموضوع العام: العلوم الاسلامية

السنة: 2016

الموضوع الدقيق: علوم القران

الدرجة: ماجستير

الجامعة: جامعة بغداد - كلية التربية ابن رشد للعلوم الانسانية

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

المستخلص: The study of Quran texts have been hugely concerned over by the Muslims since they are the speech of Allah and His light on earth along with His Right Path. The Muslims have paid huge concern on reading and preserving these Texts that being varied based on the different levels and intellectual abilities in addition to the mental trends. All these things contribute into uncovering the meaning of al - Quran either by the Quran indications itself or by the Texts of Quran recited by Mohammed " Messenger of Alah " and infallible Imam ( peace upon him). this resulted onto appearing such studies and many researches ; besides , taking many different texts and interpretation trends according to its intellectual schools that transparently indicated their abilities for getting deeply into Quran Texts and uncovering the precious things that are not ceased , but continued generation after generation. This research comes as to join other studies dealing with the interpretations of some interpreters. But, actually this study is distinguished from other studies since it shows two schools at one time which is " the study of interpretation of MAWAHIB AL - RAHMA" written by Abd Alah Al - BIzwari and Al - Shaikh AbdulKareem Al - Mudaris". The research includes and introduction, and two chapters in addition to the conclusion : The chapter one : consists of three parts , the first and second parts assigned for summary translation for the life of both along with their methods in their Book where I have showed the balance between these two interpreters depending on many references. The chapter two : composes of three parts , the first part deals with the balance between these two interpreters into functionalizing the interpretation and the second part the balance between the two interpreters and functionalizing the interpretation by opinion and the third part in which I have explained the balance between the interpreters in respect to the researches of Quran Sciences.

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