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المسؤولية المدنية الناشئة عن الاعلانات التجارية عبر الانترنت : دراسة مقارنة == The Civil Liability Arising From Internet Commercial Advertising A Comparative Study

اسم المؤلف: زينب ستار جبار اللامي
اسم المشرف: حسين عبد القادر معروف
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون المدني
الدرجة: ماجستير
الجامعة: جامعة البصرة - كلية القانون والسياسة
اللغة: العربية
مكان الجامعة: البصرة
الصفحات الاولى:
المستخلص: Use of the Internet generally has exploded in recent years, Many thousands of companies have established “home pages” on the Web, through which they communicate, advertising and marketing materials, as well as other content, to those who choose to access their sites, Often purchases and other contracts may be made directly online, Frequently links are provided by which browsers may be taken automatically to other sites, with materials and content provided by third parties, Many companies provide access to storehouses of information through their site, becoming significant content providers. And The Internet as the world's fastest growing commercial market place, is a powerful medium has been provided in advertising industry, Due to the features and advantages of the Internet compared with traditional media has been seen enormous growth of internet advertising in recent years, which considered as one of the most extensive areas of marketing system.The importance of advertising is so popular that in people mind, marketing term is synonymous with advertising, informing customers of new products, warning customers of product prices, reducing the fear of the customer, the proposed new use of the product, encourage customers, create user preferences towards company's products and services in customers, and encourage customers to buy products and services, and also company Information dissemination web is site for detailed information about a company's goods or services.In this thesis we presents that the Civil liability arising from Internet Commercial Advertising , comparative study and its divided into chapters. The first chapter we discussed the civil liability of online advertising to customer, This chapter provides the identification the content provider (advertiser), and the nature of his liability, when he became liable About false and misleading advertising, because advertising interpretation is a complex problem, the information in the advertising is never completely objective, and unfairness advertising would always stay below a principle of justice, and the Advertiser, by submitting false and misleading advertising affects consumers‘ decisions, try unfairly convince consumers to believe in his ideas, and thus affect the other person‘s ability to compete, By impact of misleading advertising consumers end up purchasing items at a higher price or at a lesser quality than they had intended, and he is harmed from these untruth advertisements, he could ask for compensation for the harm he has gained under contractual obligation if the advertising is an offer. And when it not the law gives the consumer the right to return to the advertiser according to the roles of tort liability, when conditions are available, considering that misleading commercial advertisement is oversight dereliction requires responsibility, and this responsibility does not depends only on the advertiser as if he was responsible for this advertisements, but the advertisement agencies may be solidarity with advertiser responsible for publishing misleading and false advertisements, as well as to the responsibility of ISPs (Internet service providers). Internet service providers or "ISPs" provide Internet access service to customers in exchange or for a free, ISPs also store data for their customers' use, such as on a Usenet newsgroup server or a world wide web server Intermediary service providers have a significant role in information society. No - one can publish or distribute material on the Internet without the aid of an intermediary, Intermediaries are therefore often involved to making available illegal and harmful material regardless whether they were aware of that or not. in the second chapter we has been description the civil liability of online advertising to others, we discuss in this chapter that content provider (advertiser) is strict liable of misleading and false advertising, illegal Comparative advertising, tradename, trademark, advertisement, model industry infringement by copying or counterfeiting, unfair competition, spam and use persons pictures in advertising without consent or use it in unfair way, is liable in civil action for that content in many of the same ways as offline and Internet intermediaries that give access to, host, transmit and index content originated by content provider or provide Internet - based services to content provider which have grown over the recent years.. And The evaluation of the necessity and scope of the legal responsibility of Internet service providers for the information transmitted through their networks.. In order to achieve this aim, the ISPs civil liability for the information transmitted by content provider who have knowledge of illegal content and are in the best positions to prevent it, Knowledge about content provider illegal content has been prevalently recognized as a crucial and an important element of ISPs’ liability.. A service provider is not required to monitor its service or take affirmative steps to seek out the facts surrounding infringing activity on its site or system, except to avoid interfering with standard technical measures, The service provider is not even required to gain access to, remove or disable access to the infringing material if this conduct is prohibited by law. In general, ISP liability can be summed up in three words : "ignorance is bliss" ISP liability for the activities of content provider's is generally based on a knowledge of the content provider's activity, If the ISP is unaware of the behavior content provider, so he is not liable, and most courts seem reluctant to hold the ISP liable for that behavior, However, once the ISP becomes aware of the content provider's activity, or should have become aware of the activity with reasonable diligence, courts are much more likely to hold the ISP liable for content provider's actions or activities

صياغة الحكم الجزائي : دراسة مقارنة == Formulation Of Penal Judgment Comparative Study

اسم المؤلف: حيدر حميد صبري الخزاعي
اسم المشرف: علي حمزة عسل الخفاجي | حبيب ابراهيم حمادة الدليمي
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: اصول المحاكمات الجزائية
الدرجة: ماجستير
الجامعة: جامعة بابل - كلية القانون - قسم القانون العام
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: The legal formulation represent the transferring or modifying the original material of the legal context for the legal rules and formulate it in the legal text which aimed to achieve or get an advantage to fulfilment the legal policy, the formulation is very important elements of the legal rules elements because it is gave the rules the practical forms of implementation, regarding to the penal judgment in the judicial work which represent the general form of announcement the judicial willing or volition, which represent its aim and desire, the purpose of the penal judgment is to judge or solve conflicts according to the law.The typical formulation of the judgment represent all of the judgment contains as the data, its elements and its core which can’t be divided or separated because they are parts should be available in the law, put before this data there are some correct procedures should be followed before formulating the judgment which are court stamp, deliberating or discussing the judgment, writing the judgment, while for the data of formulating which represented by the judgment preamble, statement and its causes, otherwise the judgment formulation is not typical, which lead to refuse or reject the panel judgment some times, therefore panel judgment should have the data which are judgment preamble, statement and its causes, because this data is completed each other.May be there is a mistakes in the panel judgment through its formulation from the competent court, and according to these mistakes which identifying in the panel judgment several affected through its corrections, in the same time the mistakes are not in the same level or degree, the mistake may be essential ones, therefor the court will reject the judgment, while if the mistakes are not essential the court of the subject can correct or adjustment the formulation, therefore the legislation determine the methods to avoid these mistakes, what follows on these mistakes of affects in the panel judgment.To present the ideas of our thesis I divided it as the following, I’ll research in the first chapter the typical legal formulation of the panel judgment, while in the second chapter is about the typical formulation data of the panel judgment, in the third chapter the correction of the mistakes of the formulation the panel judgment and the affected which will follows, finally my thesis ended by the conclusion which summarize what I reached of results and suggestions

الطبيعة القانونية لعلاقة مجلس الامن بالمحكمة الجنائية الدولية == The Legal Nature Of The Relationship Between The Security Council, And The International Criminal Court

اسم المؤلف: ياسين طاهر حسن ياسر الياسري
اسم المشرف: كامل عبد خلف العنكود
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الدولي العام
الدرجة: دكتوراه
الجامعة: جامعة النهرين - كلية الحقوق - قسم القانون العام
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: انشات المحكمة الجنائية الدولية بموجب نظام روما الاساسي لعام 1998، ودخلت حيز التنفيذ في الاول من تموزعام 2002، كهيئة قضائية دولية مستقلة دائمة، تمارس اختصاصها على الجرائم الدولية التي نصت عليها المادة (5) من نظام روما الاساسي، بهدف ترسيخ المسؤولية الجن | Security Council established as a political body under the UN Charter, which is a central authority executive responsible on maintenance of international peace and security, the Charter of the United Nations has delegated the Security Council ((by the name of the peoples of the United Nations)) to do on behalf of the (the main consequences in the maintenance of international peace and security). So, to implement such major consequences effectively and quickly, the Security Council gave totalitarian powers and discretionary powers, has also been provided with a wide procedural system of measures.Te Security Council grew on the ruins of the Charter of the League of Nations to overcome the weakness of the first international organization. The Security Council considers as the only organ of the United Nations which able to issue binding decisions based on the provisions of VII of the Charter.The Provisions of the Charter also show that the Security Council is the executive authority Holding sanctions and measures in the Charter in all its forms, as the international institutions and bodies provided in the regulations that the punitive measures taken by these institutions and international bodies towards the State party, must be through the Security Council.Despite the fact that the International Criminal Court is an international treaty and is not an organ of the United Nations, was established under the Rome Statute of 1998 in order to enhance the principle of individual criminal responsibility, and shall consider the four crimes contained system to achieve the dream of humanity, often giving a greater role for international criminal justice and activating principle reduction of immunity granted by the internal criminal laws for the leaders and officials who are accused of the most serious crimes..And that this development has made the image of contemporary international law is very different from what it was under conventional international law when it was the country's relations to its people of considered as a left issues to their saved specialization , where the contemporary international law was imposed directly obligations on individuals by considering some of the behaviors crimes raises responsibility, also the importance of the individual increased on an international scale and added to the rules of international law dealt directly with many affairs of the individual and provided the legal safeguards for the enjoyment of those rights.The International Criminal Court followed the example of international institutions and bodies to give the role of the Security Council in its work by give it the right to refer the case to the prosecutor where it seems that one or more of these crimes have been committed, acting under Chapter VII of the Charter of the United Nations under Item (b) Article (13) of the Rome Statute of 1998, It also gave the authority of the Security Council to defer an investigation or prosecution by the court under item (16) of the system mentioned above. So here we are in front of a political body to interfere in the work of the judicial affairs. Is this political interference will lead to the obstruction of justice International Criminal..?Therefore, this thesis titled with (the legal nature of the relationship between the Security Council with International Criminal Court are looking at this issue for the purpose of shedding more light on this relationship because they are the most important issues and most dangerous of the consequences of this relationship from the direct impact on the judicial work of the court after that this relationship provoked a difference and considerable debate among scholars of law and the judiciary and numerous positions and different views about the role played by the criminal Security Council before the criminal court, including his decree powers under the Rome Statute of 1998When some supported the Security Council to grant such powers, others intercepted them, and beware towards them because they think that it is restriction on the powers of the International Criminal Court and their specializations. Although the relationship between the Security Council and the International Criminal Court with a legal basis Rome is not the only one who codified this relationship,But that the Charter of the United Nations and the negotiated agreement of the relationship between the United Nations and the International Criminal Court are other additional sources clarified that relationship also the Security Council involved with the International Criminal Court in the role assigned to them, and on the conservation of international peace and security. And modernity of this subject to some extent, and the generality of what written about it, we found it is important for ourselves that to go in the depths of this subject, and we will search in most important fraction in this part, which si the legal nature of the relationship between the Security Council with the International Criminal Court, hoping that we succeed in that, we get to the required scientific findings of the research.

المسؤولية عن الحماية في القانون الدولي == Responsibility To Protect In International Law

اسم المؤلف: نبراس ابراهيم مسلم
اسم المشرف: سلام منعم مشعل | حيدر ادهم الطائي
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الدولي العام
الدرجة: دكتوراه
الجامعة: جامعة النهرين - كلية الحقوق - قسم القانون العام
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The slow response by the international community to the mass atrocities, and the unilateral intervention by the states to stop these atrocities without the Security Council authorization, reflect the need to new strategy for facing this problem.In the wake of Kosovo intervention, Kofi Annan challenged the international community to find another way to avoid any future catastrophe, in 2000 the international commission on intervention and state sovereign formed by the Canadian government to reconcile the principles of sovereignty and fundamental human rights in a way which could protect people from arbitrary killing, the commission set out the case for responsibility to protect and identified its three main competent ; the responsibility to prevent, to act, to rebuild.In 2005 the principle have been adopted at the World Summit hosted by United Nations, world leader unanimously declared that all state have a responsibility to protect their citizens from genocide, war crime, ethnic cleansing and crimes against humanity and that they stood prepared to take collective action in cases when national authorities are manifestly failing to protect their populations from these four crimes, in 2006 the UN security council unanimously reaffirmed the responsibility to protect and indicated its readiness to adopt appropriate measures where necessary (resolution 1674, 28 April 2006), after almost six months of hard bargaining.In order to elaborate the nature and operationalization of that new international principle we choose it in this study, the study divided into three chapters that try to cover the entire topic.The first chapter devoted to the concept of the responsibility to protect, this chapter consists of three parts, the first one is about the international intervention and state sovereignty, the second one is about the adoption of the responsibility to protect and its development,and in the last one we will discuss the legal foundation and the obligatory of it.the second chapter of this study will be about the implementing the responsibility to protect, also we divided it into four parts, in the first one we will point out the crimes that firm the application of the principle, the second part will be about the responsibility to prevent, the third one will be about the responsibility to react and the last one will be about the responsibility to rebuild.The last chapter will be devoted to the international practicing of the responsibility to protect, it divided into three parts, in the first on we will discuss the role of international institutions in adopting and evolving the principle, the second one we will try to point out the most important application of the principle and the last part will be about the future of the principle.At the end of the study we reached to a set of conclusions which led us to several recommendations which may help abet in understanding the scope and nature of the responsibility to protect and seek to give some ideas about its successful operation.

النظام القانوني لمؤسسات حقوق الانسان الوطنية : دراسة في القانون الدولي والحالة في العراق == The Legal System In The National Human Right Institutions A Study In The International Law And The Case In Iraq

اسم المؤلف: محمد قحطان فرحان التميمي
اسم المشرف: مها محمد ايوب
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الدولي العام
الدرجة: دكتوراه
الجامعة: جامعة النهرين - كلية الحقوق - قسم القانون العام
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The unity of the international and local thinking about the principles of human rights in general and the individual rights in particular, and the recognition of their universality and indispensability is regarded as one of the human achievements which ended the 20th century. Before that, many atrocities that would now be classified as grave violations of human rights took place that pushed the international community to move so that they would not be repeated again and confronting them and terminating them in case they happened again, and to punish the violators and committers of these violations. Also, it aims at compensating their victims starting from slavery, torture, oppression, slave trade, and racial discrimination as well as the blind terrorism and genocide. The agreement and consent of the international community about the principles and values on which human rights are based as they express what man should enjoy of features which are attached to him or her. That does not mean that the way to settle and respecting the rights and freedoms and recognizing them and being committed to them by the state was an easy way to go, but it was windy and full of hardships, the first of these was double standards in dealing and the political considerations. Human rights and the basic freedoms are rights that are interlinked and comprehensive and universal. The latter feature obliges the parties to protect and promote it on all levels, national regional or international. That what was mentioned I the International Convention of Human (49) Rights in Vienna 1993 which resulted in the Declaration in the session of (49) of the United Nations in 1994. It stated “It should be recognized that all the human rights, civil, political, economic, and social are universal and undividable, and interrelated, with the necessity of considering the national, regional distinctive features for different historical, cultural and religious backgrounds. The duty of the state, regardless of their political, economic or cultural system, is to promote the rights of humans and their basic freedoms and to protect them.” Therefore, it could be said that the issue of human rights has become one of the international obligations which the state should comply to and fulfill. The grave violations are regarded as crimes against peace and security if humanity, and could lead the violator to the International Criminal Court. In addition to it comprises a means of political pressure by suing those high rank officials in a certain country. The mere ratification of the nations of human rights and incorporation them in their constitutions does not form a guarantee by itself and a warrantee for applying them. The respect of freedoms means the respect of man whom God has created and honored in the Holy Scripture in many Suars like in the sura of Israa (Ascension), the Verse (70) : (We have honored the children of Adam, and born them on land and sea and graced them with the delights and preferred them to many of whom we created) The protection which assumed by the state to respect human rights and its main freedoms national which mechanisms vary to achieve their goals. Its either constitutional, juridical or political. What is important here are national bodies the state creates which are concerned with the protection and promotion of human rights. This is because the formation will be regarded as supportive factor to achieve and guarantee the protection of human rights. One of these bodies is the so called The National Institution of Human Rights which take many forms following the procedures that the state observes in the formation. They might be in the form of organization, committees or commissions, or national centers all are concerned with the protection and promotion of human rights. Based on the above, the study concerns on stating the legal system of the human rights national institution and the vase in Iraq, it tackles the constitution of these institutions represented by the Principles of Paris 1993, and the basics and international standards as well as the manner by which these institutions are formed. Therefore, for the importance of the legal system of human rights institutions, we preferred to investigate it and make it a title of the dissertation with special reference to the case in Iraq as one of the states which formed a national center for human rights, the study acquired its importance in terms of the nature of the topic and the case it deals with. Therefore, the great importance of human rights, whether on the national or international level, was the main motive to find national institutions apart from the effect of the state and the governmental bodies. The problem of study revolves around the questions : Can the national institutions of human rights be promoted to the level that they can be protect and promote of human rights? In addition to the question what are national institutions of human right? What are its types and functions? And What are the relation between the state institutions and the national institutions concerned with human rights? What are the methods followed by the institutions to enhance and protect human rights? Have the Law of Higher Commission of Human Rights in Iraq responded to the Principles Paris in 1993 as universal constitution of these institutions? For the methodology of the study, we depend in writing this study on the historical approach to reveal the historical roots of finding such national institutions, in addition to the deductive and analytical methodology which based on the study of the laws related to the theme. For the structure of the study, we divided the theme into four chapters preceded by an introduction. Chapter One tackles the mechanisms of protection human rights on the international and regional and national levels, in the first inquiry, we tackled the mechanisms of protection human rights on the international and regional levels, in the second inquiry the mechanisms of protection human rights on the national level is tackled. Chapter Two tackled in the second chapter the national institutions of human rights and the principles of Paris; the first inquiry studies for the National Institution of Human Rights, and the legal base of this institution in addition to stating the characterizing features. The second inquiry tackled the stating of the relationship for the National Institution of Human Rights in the state authorities, the third inquiry was about the relationship of the National Institution of Human with the mechanisms of human rights. Chapter Three tackles stating of jurisdiction and tasks of the National Institution of Human Rights. The first inquiry is devoted to the stating of the jurisdiction of the National Institution of Human Rights. The second inquiry is devoted to the stating of the jurisdiction and tasks of protection of Human Rights, and the fourth is devoted to the stating of the jurisdiction of institution in the solving of disputes. Chapter four tackles the National Institution of Human Rights in Iraq represented by the High commission of human right. In first inquiry we tackled the manner and work of commission, the second inquiry was consecrated to the work of the commission and its external relations. Then, it was followed by a conclusion with includes the most important suggestions that are related to human rights. I should not miss the great problems in have faced when writing this study. The scarcity of the references was the major problem which I suffer from as the study is a pioneer not tackled before. In addition to the difficulty of movement to refer to the libraries in the colleges of law, whether in Baghdad or outside, due to the security issued. This pushed me to make calls to friends in Denmark, Sweden, France, England, Belgium, Egypt, Algeria, Morocco, and Lebanon, but only few arrived. That did not discourage me in continuing the way up to the end after asking aid from God.

القواعد العرفية في القانون الدولي == Customary Rules In International Law

اسم المؤلف: عبد الرسول كريم ابو صيبع
اسم المشرف: هادي نعيم المالكي | زينب احمد عوين
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الدولي العام
الدرجة: دكتوراه
الجامعة: جامعة النهرين - كلية الحقوق - قسم القانون العام
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: تتناول هذه الدراسة بالتحليل موضوع القواعد العرفية في القانون الدولي، وقد يبدو للوهلة الاولى للقارئ ان هكذا موضوع من الواضحات التي لا تحتاج الى عناء البحث ومشقة التحليل، اذ ان العرف الدولي يعد المصدر الثاني لقواعد القانون الدولي العام، من بعد الاتفاقيات | Customary international law is one of the most important subjects in public international law, because it is main source of rules of public international law according article 38, paragraph 1/b of statute of international court of justice, in addition to any jurisprudence resource in public international law contains custom in its main vocabularies. In fact, in spite of above, customary international rules is one of the most complex and disputatious subjects and thus, international law commission adopted identifying of customary international law in its studying program between 2010 - 2016. The special reporter Michael Wood wrote two reports about customary international law in 2013, 2014, and he will write the final report at 2016. My dissertation contains three chapters and conclusion. The first chapter topic is : ’’ the definition in customary international rule ’’, which contains four subtopics : meaning of customary international rule, distinction between it and some similar matters ( public principles of law, customary local rule and equity ) and its importance in many international law branches, obligatory basis of customary international rule, and obligation of customary international rule according to jus cogens rules. The second chapter topic is : ’’ formation of customary international rule ’’, in this chapter we treats in details essential elements of customary international rule and differentiations between international jurisprudence and judicature view on this important subject, whether what concerning in material element or psychology element ( opinio juris ), and treat international and local acts which create material element; legislatorial, executive and judicial organ acts, and in international scale contains; international treaties, international judicature decisions and international organizations resolutions. The third chapter topic is;’’ evidence of customary international rule and effect of unilateral legal acts on formation of customary international rule, which contain; protest, reservation and acquiescence. The conclusion contains many important results as follows;1. No certain criteria accepted from all, for evidence and formation of customary international rules.2. Opinio juris is result of the material element of customary international rule, and therefore it represents essence of customary international rule, or in other words, it becomes customary international rule itself. 3. Evidence of customary international rule links with formation of it, and this cause of instead topic of international law commission study from ’’ evidence and formation of customary international law ’’ to ’’ identifying of customary international law’’.4. Many legal acts cooperate in formation of material element, there are; legislatorial, executive and judicial organ acts; and in international scale; international treaties, international judicial decisions and international organizations resolutions.5. There is important effect of unilaterally legal acts on formation of customary international rule, such as; protest, reservation and acquiescence.6. Customary international rules is a second source according article 38 in statute of international court of justice, and then if there is an international principle must apply by international court, custom prevent application of public principles of law because the later contains local principles of law only.7. Equity according article 38 in statute of international court of justice is secondary source of public international rules in condition of clear acceptance of parties.8. The role of general multilateral treaties on formation of customary international rules is very effective because many provisions of it are customary international rules, for universal character of subjects which arranged by it, and a lot of states were parties in such treaties

الهجمات على شبكات الحاسوب في القانون الدولي الانساني == The Computer Network Attacks Under International Humantarian Rights

اسم المؤلف: سراب ثامر احمد
اسم المشرف: حيدر ادهم عبد الهادي الطائي
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الدولي الانساني
الدرجة: دكتوراه
الجامعة: جامعة النهرين - كلية الحقوق - قسم القانون العام
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: This thesis deals with " computer network attacks under international humantarian law " These attacks are ( actions taken through the use of computer networks to disrupt ,deny , degrade or destroy information resident in computers and computer networks or the computers and networks themselves. The defining feature of this form of attacks is the fact that both the weapon and the target of the attack is the network itself and the information contained on such network. This type of attacks which are part of the information warfare , uses computer code to effect its damage and is capable of causing a myriad of effects depending on the target system's function.According to US military definition , information is " facts , data or instuctions in any medium or form " thus the operating code of a computer , its automated processes and applications , as well as the files and data it contains are all information.In fact , it is the use of computers as means or methods of warfare , that is legally challenging. At the broadest level the information operations ( IO ) are those " actions taken to affect adversary information and information systems while defending one's own information and information systems"IO can occur during peace time and at every level of warfare.By contrast , information warfare ( IW ) is " information operations conducted during time of crises or conflict to achieve specific objectives over aspecific adversary or adversaries ". According to US.strategy , the goal of IW is to achieve domainant " information superiority " over the opponent , and it is the offensive IW especially computer network attack , that covers abroad rang of hostile techniques involving computer code. Such malicious software can cause extensive disruption , as in the case of the denial of service attacks which hit Estonia , or physical destruction , as with the Stuxnet worm which hit the enrichment facility in Iran.These types of attacks are capable of shutting down websites , servers and can cause physical effects through targeting the control systems of technologically advanced societies , these systems control power plants , water systems , dams , gas pipelines , chemical plants and reactors. These control systems have proven particulary vulnerable to attack.Computer network attacks may come in isolation , but will more probably be used in conjunction with conventional attack , either to ease the way for the conventional attack or to amplify it's effects. These attack may constitute a use of force under article ( 2 /4 ) of the U.N.charter , and if these attacks does not rise to that level , they are still not permissible as an unlawful interference in the affairs of a state , and may amount to a threat to the peace.In addition , to the previous issue , computer network attacks may raise different questiones concerning the applicability of the laws of armed conflict which apply to all situations of armed conflict whther or not war is declared , and regardless of whether the parties involved recognise the state of armed conflict.None of the instruments relating to the laws of armed conflict deal with computer network attacks explicitly , therfore the question must be asked whether the rules of this law should apply to these attacks at all , and if so under what circumstances would computer network attack be sufficient to tigger the application of those laws ? what prohibition to computer network attacks follow from rules giving special protection to certain objects ? what activities of civilians relating to CNA constitute direct participation in hostilities and cause them to lose their protection against direct attack ? Do specific prohibitions of methods of warfare , such as the prohibition of perfidy or of improper use of protected emblems , signs and signals apply to CNA and , if so , in which way ? what limitations are there on targeting lawful targets with CNA ? who may conduct CNA ? what precautions must be taken by those planning or excuting a CNA ? Are commanderes or other superiors responsible for the acts of their subordinates in conducting CNA ?All these questions have been discussed throughout this thesis , and the conclusion is that despite the newness of the technology of computer network attack , legal contraints apply to it. Although there is no provision of IHL that explicitly out laws CNA , it is clear however that CNA may only be undertaken to the degree and in away which respects existing law and it's related principles such as the principles of distinction , proportionality and precautions in attack.

مبدا عدم الاعادة القسرية للاجئين في القانون الدولي == The Principle Of Non - Refoulement For Refugees In International Law

اسم المؤلف: رنا سلام امانة
اسم المشرف: مها محمد ايوب | سلام منعم مشعل
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الدولي العام
الدرجة: دكتوراه
الجامعة: جامعة النهرين - كلية الحقوق - قسم القانون العام
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: A phenomenon of asylum has become a humanitarian phenomenon as a result of succession political, economic and social crises and transformations experienced by the countries of the world.This phenomenon is still on the rise because of the continuation of the causes of persecution , violence , wars and disasters, and breach of a broad human rights, it is worthy to say here , of offering and providing international protection for people who seek asylum and protection from their countries of origin, as providing this protection is an international obligation that fall on the shoulders of prescribed States under international conventions and treaties, and it is considered , as well , the most important aspects of this protection , as the obligation of States to protect the person who requests or who gained refugee status from the forcible return of the country to which he fled, and it is what is known as non - refoulement.Accordingly , countries are obliged not to return an asylum seeker or refugee who fled from their own countries if the person in such obliged cases would be endangered, or threatened for reasons of race or religion, nationality, membership of a particular social group or to adopt certain political viewsIn the very beginning , the Geneva Convention contained and stated on this commitment for refugees of 1951 in the article of ((33F or F2)) which committed signatory by states and became the longer one of the basic principles of asylum law, but the legal development of this principle forced the projectors of most of the international and regional conventions such as the Convention of the European and the American Convention to include this principle to its importance and for the reasons of its direct contact to the life and the freedom of a refugee, as has become the cornerstone of the international protection.And for the reasons of acquisition this importance , these countries have become committed not only the States which were signed to the 1951 Convention, but all the States , then this principle has become a principle as part of the customary international law as a command rule. The obligation of States to non - refoulement includes asylum seekers and refugees on its territory, or who are under the effective control, and also who are presented at the border, so the State has no right to close its borders and refused to receive the refugees at the border.The respond to the State's obligation has not mention to any of non - refoulement, but specific exceptions that referred to , in the second paragraph of Article (33) where the States approved not to apply the principle of non - refoulement if the presence of the person to be brought back as a threat to public order and security, or representing a threat to the host country or to any of people in that society or if it has been sentenced to a criminal misdemeanor. In these cases, the State may be in breach of its obligation not to return and without expanding in the interpretation and application of those mentioned exceptions.Thus , countries that refuse or return a refugee or forced refugees at the border to the country to which they fled from or to any other country where their lives or freedom at risk had breached the principle of non - refoulement and breached the obligation that imposed by the international conventions and customary international law on the other hand.

المشروعات الدولية العامة كوسيلة لاستغلال الحقول النفطية المشتركة == General International Projects As An Instrument To Exploit Joint Oil Fields

اسم المؤلف: ايمان عبد الكاظم عواد
اسم المشرف: حيدر ادهم عبد الهادي الطائي | عمار طارق
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الدولي العام
الدرجة: دكتوراه
الجامعة: جامعة النهرين - كلية الحقوق - قسم القانون العام
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Energy sector has an effective role because it is one of the most important sectors by which the prosperity of any country can be achieved. In Iraq Energy sector plays a great role because Iraq is consider third exporter of oil in the world , and there are many plans and studies that have been adopted by the Government aim that ensuring the optimum exploitation for its petroleum resources and at developing the common fields as one of the plans that can increase the production of oil and gas.A large number of writers and researchers made an intensive studies regarding oil industry in many aspects such as technical, economic and political studies but there are not sufficient legal researches and studies because they concentrated only on the insurance of the oil industry , concession contracts and regulating the relationships between the productive countries and international oil companies, without taking into account many other essential issues such as legal disputes which may arise between neighbor countries as a result of technical development in oil industry and the expand of the exploitation of the common fields. Due to the absence of the perfect legal system which governs the exploitation of the common hydrocarbon reservoir it became very necessary to adopt a new legal system in order to regulate the legal relationships between neighbor countries and to prevent any dispute which may arise.we mean that the physical notion the side was related by the technical and scientific affairs for the reservoir hydrocarbon , whereas the oil industry including many notions , that using it to select its technical , and economic dimensions , that was used to select the perfect vision to dealing with the reservoir hydrocarbon and with another natural resources , the specialists of oil industry to select the notion of reservoir hydrocarbon as (( evaluation of size of possible using as commercial by the known technical methods between the reservoir oil resources the studies conformed its being inside ground from select date , according to the selected legal lists technical terms )) this was showed that the dealing with the common reservoir , by it was perfected by the available technical data on the specialists , including the cases of a reservoir hydrocarbon , and the extension of this being , its type , the pressure inside the reservoir , and its temperature ,and distribution of this data ,and its change according to the place of reservoir , and its conditions , and age. But we mean that the legal notion as the legal system that the state has right to discover ,and use it hydrocarbon wealth that hidden under the face of its region , but there is a question about the legal system that regulates the rights and duties of state in the common reservoir hydrocarbon with the neighbor countries , thus the known the international law resources was cleared by the item (38) from the essential system for the international justice court , as a part of convention of united nations such as following : 1 - International conventions, whether general or particular, establishing rules expressly recognized by the contesting states. 2 - International custom, as evidence of a general practice accepted as law.3 - General principles of law recognized by civilized nations.4 - Judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. According above we think that the absence of perfect legal system as a mechanism for managing the using of common reservoir hydrocarbon between the neighboring countries there is necessary to practice the confirmed legal principles in order using the common field without any legal instruction to make its exhaustion and its dispersal , and this case lead to damage for the benefit of Iraq.this is our aim of this study , and finding form of common international cooperation to using this fields to achieve the benefits of two parties from political , economic ,and social sides This form is the common international project.

المسؤولية المدنية للمؤسسات الاعلامية : دراسة مقارنة == Civilian Responsibility For The Media Institutions Comparison Study

اسم المؤلف: شيماء سعد مجيد
اسم المشرف: عباس علي محمد الحسيني
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون المدني
الدرجة: ماجستير
الجامعة: جامعة كربلاء - كلية القانون - قسم القانون الخاص
اللغة: العربية
مكان الجامعة: كربلاء
الصفحات الاولى:
المستخلص: when Media Establishments are practicing their various activities , they may attach damage to others, which leads to civil responsibility whether it was negligent or contracting responsibility by compelling them to compensate the affected.The study aims at providing more protection to the affected due to media establishments work whatever their entity was through viewing the practical reality path of these establishments on the general and special principles and rules in Jurisprudence, legalization and laws which requires conducting personal interviews with specialists in media work and some editions issued by media establishments.The important of legal study and the reasons for choosing the topics were manifested in the rapid development of media activity with the different ways , and its intervention in the functions they have the great importance in the community , its represented with Indicate public opinion , to dissemination of culture among the public , deliver the news to them , Through the media institutions that manage these activities and supervised on , this activity and his institutions have a lot of rights and freedoms that should be employed to achieve the functions and tasks referred to , however, these institutions may deviate from the borders drawn to those rights or arbitrarily in use , which should make a real balance between the right of media institutions in the using of their activities and the people's right to preserve their rights , such as not compromising them dignity or expose their privacy otherwise the inflicted damage that they have will requires Legal liability for the media organizationsaccountable for. and we will show the most important points that can be show the importance of research on the subject and the reasons for this choice : 1 - Study civil liability of media organizations have not been cared by scholars of civil law , It all focused their concerns on the study of civil liability for journalists employees and non - employees in these institutions , as well as limited studies of some of the media , that is why we found it appropriate and necessary that this care have to extends to the responsibility of the various media institutions and media engaged in a variety of activities, to find out the concept and provisions , to completing the idea to the reader without having to be incomplete or fragmented.2 - Although this subject as shown in practical problems caused by media organizations to engage in activities , however, it is clear that the advent of the provisions of civil laws general formulas are free from private texts facing civil liability in question - this is not a defect in it - In terms of these laws that legislators want them to be general laws apply to everyone and accommodate new ones in the future , , which requires a stand at these texts and find out their suitability for the organization of civil liability for media institutions and absorbed all its provisions , or they need some development where, sometimes amendment, interpretation at other times. That is what this study seeks. The issuance of special legislation dealing with provisions important aspects of activity of media organizations and press or radio or television requires a stand at the texts, analysis and what can be provided upon the support or modify them or claim the legislation of other texts to accommodate some of the molecules that are in dire need of intervention of the legislature in organized.3 - Starting from the importance of what we have said, the judiciary has sought his part to take advantage of some of the current legal provisions and undertakethe task of broad interpretation to each other as who is appointed to keep up with that seen in the facts before him daily of the evolution and acceleration in the use of techniques that damage to others, until he realized that it is appropriate that there should be a private publishing and broadcasting courts be closer to this reality , and he had what he wanted, where has introduced some of these courts, particularly in Iraq which requires stand at how to handle the judiciary of such facts in the general trial orspecialized.4 - In addition to the above, the strong desire for us - and we are working on the side of these media institutions - to take advantage of our media to diagnose what can be diagnosed , , And stand at the stations that require to stand on them daily, in order to offer it to provisions of the law until we see the extent of the commitment of media organizations the legal for conduct of its business , and if we had scored - with regret - lack of cooperation by some media organizations, including private and official in brief us on some of the contracts concluded by the which is an important source of civil liability of these institutions in general and in particular contractual responsibility with.The significance of the research is manifested in the technical and scientific development in the field of media activity on which these establishments are based and the immense openness the world witnesses in general and Iraq in particular in the field of media work.We tackled the subject of this research through a preliminary research in which we viewed the concept of media establishments within two chapters : in the first one , we searched the concept of civil responsibility of media establishments. We devoted the second one for the civil responsibility rules of media establishments.

الالتزام بمضمون القاعدة الدستورية : دراسة مقارنة == Abiding In Core Of The Constitutional Rule Comparative Study

اسم المؤلف: ياسر مشجل ناصر
اسم المشرف: كاظم علي عباس الجنابي
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
الجامعة: الجامعة المستنصرية - كلية القانون
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The importance of this Research is clear in abiding with the institutional base , these bases which shown ((formal and subjective principle which leads the state authorities for their duties , according to the concepts the problems that the authorities of the state and citizens are not comply with these principles. formally or by procedures , or subjectively , which result not to fulfill the goals of the institution to establish institutional principles , which are the means to apply the interests of citizens , while if the legislator will not legislate the laws with easy application or he denies the core of laws which will lead to a big problem. In spite that the institutional principles represent the acme in Juridical system , these principles show the source of authority and organize its conduct and the relationship between the authority and principles , as well as show the rights of citizens , by this mean this the principles are organizing between state authorities and citizens with their rights. this characteristic gives high rank for rights in the scale of the juridical principles , because these principles become the base of other juridical principles of state , and not to cancel or contract the reason of its identify. so the abiding will be in two sides. First , that all legal conduits should comply with the core of juridical principles. secondly not to contract the principles , so that to fulfill compiling with the execution of legislator will , which expresses the institutional bases. that means that the state should not behave according to its will To fulfill the comply with institutional principles so it should gate an observatory professional , and material body to judge any conduct contract the principles , so that leaded to establish the (supreme union court) or the supreme institutional court , while has the responsibilities of clarifying the juridical system from any misleading statement which contract the institutional principles , which will ensure the legal responsibility of state and to save the rights of citizens. By any way that will lead stop applying any contract legislation to the institutional principle. If the institutional principles are log at principles which , they are , so to comply with them is one of its pillars , and it should be followed , though it is not a pillar in the institutional principle let it is abort of it , so the sentence of contracting the institutional principle is differ from the sentence of contracting the juridical bases , by nature , and kind , this difference based on the mature of the institutional principles. The institutional principles clarify by the institutional chart and basic laws , human right bill , and tradition on this sentence , which are the sowce of it , so some of which stands against state authorities to consider them is a protective acts to forbade any misact while other principles , so they are unorganized , but they are more active because they are issued by state authorities when there is any contract to institutional principles , which are the political parties , media and non - governmental organization. For more advantage we lead the analytical and descriptive , combative approach among the U.S.A. , Egypt , and Iraq according to the scheme of research as follow. The preparedly research which clarify the concept and nature , the institutional principles and point out their resource , the first chapter discussed the core of the intuitional principle while , second chapter discussed the contracting of the core of institutional principles , the third chapter deals with the sentence of contracting the core of the institutional principles and the penalty consequenced.

ضمانات الديمقراطية التمثيلية في دستور جمهورية العراق 2005 : دراسة مقارنة == The Guarantees Of Representative Democracy In The Constitution Of The Republic Of Iraq In 2005 Comparative Study

اسم المؤلف: نور ليث مهدي
اسم المشرف: مهند ضياء عبد القادر
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
الجامعة: الجامعة المستنصرية - كلية القانون
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Obviously the term (democracy) which become more usable In abundance nowadays not early , but it is one of the oldest politics term , which below to compound Greek word which means( people rule) ethnic and other Greek cities ,since 6century BC , ordered by which known by direct democrat ,clearly by men meeting (without women) in public square , and they supposed rules and voting on it.nowadays knows by (Legislature), chosen individuals from them to owns the progress what have been agreed means (Executive power)It is known that Greece philosophers as (Plato) and (Aristotle) Criticized aggressively that way of democrat, and describe it by the judge of ignorance , Riffraff , Rabbles. and they called for the judge of Philosophers and wise people, and it is a kind which applied in the first Roman era and the aristocracy controlled the judge.The original aspect of democracy (people rule) didn’t get back its shine only after passed several centuries of time, and it embraced by the west as a reaction to face the feudal organizations which was characterized by the tyranny and oppression of peoples, and the development of method practices of democratic rule according to the development of societies which was adopted the democracy as approach of its political system, over the last three decades, a powerful governments in Latin America, eastern Europe had fell and the Soviet Union has collapsed, this fall was also says (Francis Fukuyama) did not give way in all cases, for a stable liberal democracies and which remain only in look of political hope that extended to include different regions and cultures worldwide.Fukuyama thinks that the Liberal democracy is a sign of the end of the day for the ideological evolution of mankind and represent the final version of the system of human rule.Regardless of what surrounds the former opinion of exaggeration in evangelization in the concept of cosmic and final of liberal democracy, the policies development which has known by the most of the countries is moving in the direction of expanding the participation of people in managing their own affairs this so - called democratization, and this development was varies from one area to another in the world, which moved in Latin America and Eastern Europe comparing with the most third world countries including the west and Arabs countries which subject to different systems but still unite to move away - even if with varying relative - We conclude from the foregoing that the will of the people is the core of a democratic system and the reference to determine the public options so it's not enough for a democratic system , a constitution regulates the authorities in the State , institutions to represent the citizens and the laws that allow of multiple parties which states of press freedom because the mechanisms and manifestations which are not common in the democratic societies in addition it may remain empty content but merely interfaces formality does not reflect the true implications of democracy on the ground which does not achieve but the availability a set of basic guarantees , it is possible to say that the democracy has a basis , this guarantees includes individual and collective freedom , pluralism , partisan , periodic elections , the devolution of power , the separation of power , independence of the judiciary , the existence of corporate , politically responsible government , to ensure that minority rights , the rule of law , freedom of the press, assembly, demonstration and media. the multiplicity and diversity of these guarantees are the subject of our study , it must be placed under the general headlines , each address head line shall have a set of guarantees , because the constitutions includes two most important aspects in the regulation of power and its competence as well as the individuals and their rights, so the constitutional guarantees will be sandwiched between the two sides and therefore we divide our subject to preliminary study preceded by an introduction and, the first preliminary study talk about what is the democracy , the first chapter talk about the study of constitutional guarantees of authority , the second chapter talk about the constitutional guarantees of democracy that regards individuals study and finally we includes the research with conclusion of the importance results and proposals. In according to the democratic rule that established on the public rival and the right of participating , this two principles considered a basic of societies democracy , in the same time any regime in the modern world cannot reach to the professional democracy society that represented the utmost political competition and public participation , GORG SORENSON adds to the two mentioned principles the civil freedoms in addition to REMOND KASTEL who sees that the freedom has a special important in the democracy and the applicable level of the democracy system is different depending on the different of political and civil rights. The predominant trend in the modern Western thought is that the Democratic term used to identify a political system and it should be a separation between matters which are called economic and social democracy and talking about the subject of the installation of the state apparatus, because the difference between the systems in the political dimensions of democracy that have nothing to do with a degree difference in the economic and social dimensions and between the owners of this trend Larry Diamond and Joan liter and Abzat believes that these democratic government system combines three basic conditions : first comprehensive competition between individuals and parties to fill all the important positions in the government and in the non - spaced intervals and without the use of force, second the high degree of political participation in the selection of leaders and policies through fair elections at regular intervals and are not or could not exclude any major political group and Third degree of freedoms political and civil that be enough to ensure the safety of the competition, participation and politics. No matter how many definitions of democracy it was about the fundamental principle implies that people are taking their own destiny is the one who chooses his rulers and watching them and change them possesses the authority has devoted this principle Universal Declaration of Human Rights on the tenth of December 1948, where Article him that 1 - everyone has the right to participation in the administrative of the public affairs of the town whether direct or by representative choose with freedom 2 - each person equally with others has the right to tradition the jobs in the town. 3 - the will of the people is the goal of the authority , this will must be manifested this will through fair elections periodically conducted by universal suffrage and equality among voters and by secret vote or by equivalent free voting.A general definition of democracy, we say as a political system is determined by the basic rules of sublime called the Constitution allows every citizen, men and women the right to equality and participation in the management of public affairs by their nomination for the general election or their elections to those who represent them in the implementation of political, economic, social and cultural options after reviewing the programs Law The measures proposed by competing political bodies through free and fair elections take place on a regular basis and serve as the authority by which voters are able to test between the approval of the continuation of the same trends and programs or changed if the public saw it in their best interest. The practice of democracy is not one form of constant does not change, but varies from one country to another, according to the traditions, cultures and methods include the expression of public will and the methods for electing the representative institutions and working methods and means of monitoring the work of the authorized authorities referred to differences direct measure of the affair public is that no matter how many differences, they remain within the scope of the democratic system if it does not conflict with the fundamental principle of this based on ensuring the people's power to choose their rulers and having the system reins because respect for this principle in theory, legally and practically is what distinguishes the democratic system of other systems.

الفراغ التشريعي في احكام المناقصات العامة في العراق == Legislative Vacuum In The Provisions Of Public Tenders In Iraq

اسم المؤلف: محمد سالم لهيمص
اسم المشرف: صعب ناجي عبود
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
الجامعة: الجامعة المستنصرية - كلية القانون
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: الفراغ التشريعي او كما يطلق عليه اسم النقص التشريعي او الفجوات او الثغرات او القصور او السكوت او الاغفال التشريعي هي الحالة التي لاتجد فيها الادارة او القاضي نصا تشريعيا ينطبق او يعالج الاجراءات التعاقدية بمراحلها المختلفة او حالة النزاع المعروض امامها | Legislative vacuum or as it is called Legislative shortage or legislative gaps or gaps or deficiencies or legislative silence is the case in which the administration or the judge do not find a legislation which applies or addresses the contracting procedures in its addresses stages or the case of a dispute before in front of it or they may find a legislative text but this lacks clarity or it might contain the defects of legislative drafting in the necessary detailed provisions to be applied. Therefore the vacuum is one of defects in the legislative drafting. It is recognized that the idea of the legislative vacuum in the law in general is one of the defects that can be attributed to the legislation, which reflected negatively on the overall material facts addressed by the legislation. Its impact would be more severe in the subject of public tenders as one of the methods utilized by the administration to make contracts with the best bids submitted by bidders in accordance with the technical specifications and financial declared and conditions of before, because of the size of the financial obligations incurred by the administration to third parties from hand, and the desire to work towards greater financial surplus to the public treasury and ensure the implementation of the contract the best technical conditions on the other hand. Therefore, the study addressed this issue in accordance with the plan is divided into four chapters, we dealt with in the introductory chapter the concept of the legislative vacuum and disadvantages of legislative drafting and we dealt with in the first chapter concept public tenders, and then a copy legislative vacuum in the preparatory phase of the tenders and borne out pragmatic and practical reality of phases financial provision of legal and ear contract, as well as pictures legislative vacuum in the economic and technical feasibility and the preparation of the cost of speculative study as well as the announcement of the tender stage. We dealt with in Chapter II with the legislative vacuum in stages tender selection best conditions and of phase receipt and opening of tenders and the stage of analysis and scrutiny of tenders as well as referral and conclusion of the contract stage, and after we finished the diagnosis of kinks in the provisions of public tenders had to be put processors in which they can fill legislative vacuum by the three authorities, including the legislative power of the role of parliament in enacting laws, as we dealt with the role of executive authority in bridging the legislative vacuum through the issuance of regulations (regulations) Management of all kinds as well as the role of the State Council in the preparation and drafting legislation projects related ministries or departments not related to the Ministry as well as his role in the audit of all the legislative projects submitted by ministries, including contributing to the unification of legislative rules and ensure that its legislation in accordance with the correct scientific and legal contexts on the other hand we dealt with the role of the judiciary in bridging the legislative vacuum

جريمة تمويل الارهاب في التشريع العراقي والتشريع المقارن == Terrorism Financing Crime In Iraqi Legislation And Compariy

اسم المؤلف: فاطمة فاضل حليحل الزيدي
اسم المشرف: عمار تركي عطية الحسيني
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
الجامعة: جامعة ذي قار - كلية القانون - قسم القانون العام
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: Praised be to Allah the Lord of worlds and prayer and peace be upon the best messenger of the last prophets ,Mohammed ,Allah's blessing and peace be upon him and his progeny who are and virtuous and his companions and his companions who are righteous and favorable.So we may say : In the last period of tie the danger of terrorism has been greatly augmented ,because the acts done by these terrorists become in highly degree of planning g and organization.Thus , it led to increasing in size of impacts resulted by , and it effected person , funds , private and state possessions. One of the most distinguished reason resulted to that is the huge amounts of money received by these organizations and terror groups by person normally are not considered as members to these organizations in operations named "financing terrorism ".Therefore ,that to counter financing terrorism is clearly considered the major front to the war against terrorism.As the funds is represented the vitae nerve to these terrorist organizations. And through this funds it could be carried on their terrorism schemes.So , most legislations which incriminated the terrorism financing activity , especially after issuing the agreement to counter fining terrorism in 1999, that urged the countries to incriminate financing terror in its interior legislations.Thus , the thesis chapters composed of a comparing study between Iraqi legislations ,represented by (a rule of Iraqi fund liquidations countering No 13 in 2005 ) and to both Saudi and Egyptian legislation concerning rules of financing terrorism crime.This thesis is totally divided into four chapters ; the introductory chapter deals with the methodical foundation for the terrorism financing crime , as its founding to Islamic Sharia.As the first chapter of the letter dealt with the nature of the crime of terrorism financing guarantee where the definition of terrorist financing in the law and jurisprudence and the statement of the characteristics ofcrime and self - financing of terrorism and the relationship between them and some of the crimes, While the second chapter of the letter of the substantive provisions of the offense of terrorist financing and included the statement of the elements of crime (material element and the mental element) and the statement of the provisions of the Criminal contribute to crime Originally both types of dependency, the third chapter of the letter dealt with the effects of the crime of terrorism financing and included provisions procedural (move the criminal case, the investigation into the crime of the financing of terrorism), then the statement of assessments for the crime of terrorist financing and legal circumstances and excuses its own sanctions, Classroom introduction was preceded included a definition of the subject and the reasons for his choice and the aim of the research and the research plan and the search is over conclusion to draw a number of conclusions and recommendations have been there.

ازدواجية الاعتداء على المحل في الجرائم الواقعة على المال == Duality Of Assault On The Place In The Crimes Against Property

اسم المؤلف: عباس حمزة عبد حسين
اسم المشرف: تميم طاهر احمد الجادر
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
الجامعة: الجامعة المستنصرية - كلية القانون
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: للمال اهمية كبيرة في الحياة , لذلك حرص المشرع الجنائي على حمايته , لانه مصلحة جديرة بالحماية الجنائية , وقد ادت ذاتية القانون الجنائي الى اختلاف مفهوم المال في هذا القانون عن مفهوم المال في القانون المدني. وهناك خلاف فقهي كبير حول وقوع الاعتداء على الما | Property has great importance in the life so legislator was keen to protect it because it is interest worthy of criminal protection, and the subjectivity of criminal law has led to the difference in the concept of property in the criminal law than the concept of property in civil law.There is a considerable dispute in the opinions of the jurists about the occurrence of assault against property, is the assault occurs on the possession or on ownership? Or it is dual assault on both possession and ownership together? Due to this great importance of the Property, the legislator has considered the assault as a double assault on property because it is an assault on possession and ownership together at the same time, that the protected interest in crimes against the property is the ownership interest and the interest of possession together to protect Property, economy, work, and progress. So that the parent - in - law says that funds are permissible and will usually be carried back to the Civil law in regard to property, the rule is that whoever possesses the Property is the owner of it, until proven otherwise, initially the possessor is supposed to be the owner, so that the possession is the most important of property elements, and even if the evidence is proven contrary, the law may keenness on the protection of the possessor in the face of the owner on several conditions.As it follows for the assault on the property important implications as a result of an act done by an offender because the property would be subjected to decrease or waste as well as the acquisition will move from victim to perpetrator, therefore legislator condemn this assault.We have discussed the subject in the preliminary study and three chapters. In the preliminary study, the concept of property topic was discussed through the definition of the concept of property, the property in the civil law, and the concept of property in the criminal law.And we have dedicated the first chapter for the possession, ownership, and the duality assault on the property. In the second chapter, we are discussed the wisdom of criminalization the assault on the property by searching in the protected property interest in the crimes against property and the relationship of interest to the right and the legal protection of property.We discussed in Chapter three the implications for the assault on the property by searching in the consequence for the assault on the property, and the damage and danger resulting from the assault on the property, and finally we have discussed the mistakes resulting from assault on property.Finally, we have reached to the most important results of this study to the theory of duality of assault on the place in the crimes against property : - 1. For property in the criminal law concept differs from the concept of property in civil law.2. The possession, which received the criminal protection, does not have the same stable concept of possession as in the civil law, the legislator though had gleaned the general principles on the matter from the civil law, but made sure to protect the actual possession regardless of the cause, unless based on the force and abstraction, so that the nature of the criminal law rules and philosophy differs from the nature and philosophy of the rules and judgments of the Civil Law.3. The legislator does not mean by the phrase “owned by others” the real ownership only, but intended the actual ownership also. Therefore, this phrase should be taken a broad sense which is not limited to property as defined in civil law, but also goes beyond that to include legal possession.4. The purpose of the possession lawsuit is to protect the possession itself complete protection in independence from property protection or the origin of right, and here we come to an important result is that the law, which protects possession as a physical situation, not in any prejudice to the protection of private property as a corporeal right that the Constitution protected from assault, and in order to ensure the independence and the separation of the protection of possession from the protection of property ,the legislator put the rule of non - accumulation between the possession lawsuit and the ownership lawsuit, as an dispensable primary condition, to determine the independent protection of possession and possession claims for property that differentiated from the ownership lawsuit. In spite of the guarantees established by the legislator in support of the independence of the protection of possession from property protection, the legislator has affected by the relationship between possession and property and that no one can ignore. And it is appeared in the bail system, which put it in stop the new actions lawsuit, which linked its judgments with the results of its judgments in the right lawsuit.5. The assault on property is double because it occurs on ownership and possession together.6. The meaning of the duality is that the assault on the property place of crime at the same time be an assault on all of possession and ownership together. This means that the assault on the property is double assault on both the property and possession together, so that the criminal law is looking at double standards that the possession is a standard and ownership is a standard.7. The duality of the assault on the property is by embezzling property place of crime because the offender assaults on the possession of the victim in order to allow the offender to assault later on the ownership. Thus, materialism sides of assault against property are determined on the basis of possession theory, because the essence of embezzlement is the assault on the possession of others.8. The legal protection place is protection of the interest and not the property, in fact the interest is a range of benefits, and in other words ,the interest is a realistic position that gives the occupier status distinct from the rest of people. If the legal protection is added on interest, the result will be shifting realistic position to a legal status, and therefore the two elements of right will be gathered : the interest and its legal protection.9. The legislation is keen on protection of possession and also is keen on the protection of property by stating criminalization of the assault on the possession and the ownership in the panel law, so that the legislations that dealt with report of incriminating of actual assault on property, in reality ,is aimed at the protection of human rights. In fact, the legislator, in this area, protects the wealth; with all the widely sense of this word; which means the group of the direct authorities owned by an individual, which have a monetary value and other rights that have economic estimations, which collectively be financial wealth. Also the possessor of property in multitude predominant way to be is the owner of it, and the first advantage of ownership is the owner possesses property which he owns. It is very rare to find an owner does not possess by himself or through others, so the law assumes in principle that possessor is the owner, and protecting property through the protection of possession.10.The consequence of an assault on property is damage or danger. In the case of damage, interest protected criminally or actual property will be wasted. In the case of danger, the property or interest mentioned are at stake, without getting damage because the legislator does not postpone facing any breach of interests until the occurrence of damage to these interests, like the rest of the other laws, but hasten to criminalize every act put these interests at risk of damage, as in the cases of initiation as a start in the implementation of an offense not completed legally.

حدود المسؤولية التاديبية للعمال : دراسة مقارنة == The Limits Of Disciplinary Responsibility Of The Worker A Comparative Study

اسم المؤلف: طارق جهان بخش فرمان
اسم المشرف: فراس عبد الرزاق حمزة
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: قانون العمل والضمان الاجتماعي
الدرجة: ماجستير
الجامعة: الجامعة المستنصرية - كلية القانون
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Responsibility is the basic foundation for the application of the legal texts of the occurrence of a breach on the part of any contractor or morally committed or moral obligation. Legal liability is a breach of the rule of law and the rules of the consequent legal penalty and be on three types (criminal liability, civil liability and disciplinary responsibility). Since the resource focused on the disciplinary responsibility of an emerging legal liability for breach of worker duties of his job or going to him pursuant to the Forbidden by the business, or because of the behavior involves the neglect or failure to perform his duties, or out on the requirements of the job or a breach of dignity, but commits a sin administratively , justifies the competent administrative authority has received disciplinary responsibility of the worker careful consideration and the importance of the various legislations in the world because of the importance of identification and reflection effects on the ultimate goal of discipline is to ensure the proper functioning of public utilities (project) regularly and promotion of universal and improve production and resource economics. The error disciplinary is a fundamental pillar in the emergence of the disciplinary responsibility and spins where Dar disciplinary responsibility nor the legislature is required and there is damage in the disciplinary responsibility, not the legislator puts a precise definition of the disciplinary offense did not give its constituent limited to acts, but limited law statement and duties of workers and business banned them in general, and without specifying the precise as it is in the Iraqi Labour Law No. (71) for the year 1987 and the Egyptian labor Law No. (12) for the year 2003. And thus can be likened to the crime discretionary disciplinary offenses in Islamic law, a non - specific crimes in the text and not on predetermined respective sanctions. Although the disciplinary responsibility is personal responsibility factor, but do not ask what the irregularities committed by not asking whether perpetrated by other ones, which is not based only on the basis of a specific error. There are contraindications to disciplinary the responsibility factor which in the case of insanity, mental infirmity, and the case of sugar for non - selection and the state of physical coercion and force majeure and these images raise responsibility for the worker for doing wrong, including the foreign why legitimate defense, and the enforcement of an order issued by the President to be obeyed. The error disciplinary unspecified disciplinary responsibility Unlike criminal error, which is based on the base is no crime or punishment except by law, the limits of disciplinary error can not be counted in the basic image and takes the form of a violation of the orders of the employer on the one hand and the breach of the system of work in the project, on the other hand, and therefore it is impossible to take all actions in advance that takes the form of disciplinary error. The last stage in the disciplinary responsibility of resource actions are taken against the worker crowbar or that person's duties pursuant to the acts prohibited it, and take multiple forms and penalties but generally can collect and arrange these sanctions in three types : 1. moral sanctions. 2. financial penalties. 3. separation from service. Moral and penalties in labor laws take many forms begin by reminding then matter then warning and rebuke, in other words, worker status in the case knew that he committed an offense and warned not repeated and only subjected to harsher punishment as a result of the emergence of disciplinary responsibility, the financial sanctions it leaves an impact on the worker's wage, and also to his family and is on multiple forms of the fine specified wage and one day, for example, if the worker is paid per day to the fullest extent does not exceed 20% of the wage barn which is equivalent to (5) working days in the month, and develop labor legislation limits the fine. With regard to the latter procedure is disconnected and the will of the individual from the employer as a disciplinary measure, took legislator subject of Chapter control relevant judicial and administrative due dangerous to its impact on the future of the worker and his family economically and gross errors in the emergence of the responsibility of the disciplinary factor are mistakes that can not be forgiven and that cause the owner No serious damage to working with him upright after working relationship with the employer secrets. Finally, the disciplinary responsibility must be surrounded by a set of guarantees legislator believes his protection from employer abuse in the use of the disciplinary authority

مشروعية النفقات العامة وسبل ترشيدها == The Legality Of Public Expenditures And The Methods Of Rationalize It

اسم المؤلف: ضحى علي سلمان الطائي
اسم المشرف: حيدر وهاب عبود العنزي
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
الجامعة: الجامعة المستنصرية - كلية القانون
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The Social, Economical and Political importance of General Expenditures is the core of the State police as laufen burger said. It is the truthful Mirror that reflects to us the goals that the Government wants to achieve, and by determining them the Government playa a main role in Economical and Social directing for the state. It can decide which is necessary of the General needs to interfere to gratify and spend on it ,and opposite. So the General Expenditures is one of the ways that is used by Government to achieve its goal, and it reflects all the activities and displays the activities of the Government in different fields as a Credits determine of each of it to meet the general need of individuals, and seeking to achieve the maximum social benefit. The developing of the State with its interference to gratify these needs imposed on the General Expenditures to be developed in concept , types, divisions and roles that govern it, and shows the Social and Economical effects ,It is noticeable that General Expenditures is increasing continuously in all countries with their different Economical Systems and Developing degree. This kind of development lead the General Budged to be out of frame that made by the traditional theory which is the Balance principle, and in these conditions the State is required to increase the General Expenditures to meet the goals that it want to achieve.Although ,the Budged may be exposed to deficit.The Modern and recent experiments ended to accept the idea of Budged deficit ,and it never cause any kind of danger but oppositely we can use it as a tool to achieve the Economical Balance and surrounding the negative effects. So the Iraqi Budged is suffering from a continuous deficit and accumulated one with relying on oil Revenues to fund its Expenditures without going to other sectors. Second : Suggestions : 1 - We suggest that the Legislator adopts the 2005 Iraqi constitution in Article 57 of Iraq Constitution for the year 1964 the cancelled one, that prevents any amendment in the salary of Republic President during his ruling. 2 - We suggest to give the Parliament members, and Provinces members and local Cities members a bonus at the end of the election circle.3 - We suggest to cancel the text of Article 5 for the division 7 of the law of Financial Administration and General Debt No : 95 for the year 2004 that includes the possibility to amend the Annual Budged by the Supplementary Budged. 4 - We suggest to work with the modern Budgets such Programs, performance, Planning Budged and programming for their abilities to achieve the best results. 5 - We suggest update the Financial Government system for the General Budged, and the necessary of using Cost Analysis and the returns in the Investing Expenditures.6 - Compressing the Governmental Expenditures on the account of the Operating Budged and heading toward the Governmental Expenditure Investment because it participate in achieving the Economical development. 7 - We suggest to eliminate the number of Ministries and Committees that have no Justifications for its existence such as the Ministry of Human Rights and The Ministry of Woman.8 - We suggest to cancel the Position of Vice President for no reason for such position, and it is only a protocol position no more.9 - We suggest to eliminate the number of Parliament members to rationalize the General Expenditures.10 - We suggest to cancel the position of Consultant for the three Presidencies. 11 - We suggest to cancel all the unnecessary ,entertaining and superficial General Expenditures such as paying for annual Agendas for each Ministry and Committee which is distributed for free. 12 - We suggest to available for the Financial Observing Office a strict Authority for each item of the General Expenditures items.13 - Trying to awareness the individuals of society with the importance of General Budged and achieve the financial transparency requirements that requires to spread the Data of Budged with final financial in media to find a general opinion cares about its General Financial benefit. 14 - The Parliament Council have to practice his Authority by stirring the political responsibility of the Government which is being late to present the final accounts for the General Budgets ,and withdrawal the trustiness from the Government when it shortening in preparing the mentioned accounts in the decided period legally. 15 - Urging the Offices to Cooperate with the Administrative Control.16 - Making new disciplines for the Legislative Control till making an active role to detect the ways of profusion and waste.

الحماية الدولية للحق في التعليم وقت الازمات : العراق انموذجا == International Protection Of The Right To Education In A Time Of Crisis Iraq Model

اسم المؤلف: سعد ناصر حميد
اسم المشرف: يحيى ياسين سعود
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الدولي العام
الدرجة: ماجستير
الجامعة: الجامعة المستنصرية - كلية القانون
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Education is an important place in human life, a right of his fundamental rights, is also a key factor to ensure that knowledge of other rights, and this right is now under the protection of the international community, especially after the formation of the United Nations Organization in 1945, which featured a new vision and contemporary reflect the importance of education for the peoples of the world in achieving development and prosperity and development, and the achievement of the objectives of the United Nations in achieving international peace and security, and that by raising the cultural level of the people and the exchange of science and knowledge and the openness of countries and to know each other. This is confirmed by the Charter of the United Nations Educational, Scientific and Cultural Organization (UNESCO) for the year 1945, when the text on "the ignorance of people to each other was and still is a source of suspicion and mistrust among nations, and the reason for turning their differences into wars often" and that "since wars begin in the minds of men, in the minds must build the defenses of peace "the Charter acknowledges that the war would not have occurred had it not Tekzat on ignorance and backwardness. On this basis, the right to education for all is now a key sanction of the goals that the United Nations seeks to achieve, the right worthy of legal protection has been emphasized in the advertising world and the international covenants and conventions on human rights, in addition to the establishment of specialized in that area of international agencies, it was not acceptable to the international community to fight for the human rights report, and then leaves the right to education, which is rightly regarded as the primary guarantor of all these rights. That's about international attention to the protection of the right to education in normal circumstances, either for the protection of the right to education in emergency situations and crises, it unfortunately did not receive education the importance it deserves in the midst of turmoil and crises caused by disasters and the outbreak of armed conflict, we find that education "its systems and facilities and his staff and his disciples and Bagesoh "becomes in weaker conditions of, it is looting and destruction and abandonment of educational establishments operations, to the assassination of teachers and threatened to scientists, not to mention depriving the most affected categories of disputes such as displaced people and displaced persons and refugees of their right to education, which alerted the world to the need to address this issue and provide adequate protection of the right to education in during a crisis, but the international efforts in this area did not attract legal attention is required and adequate. Based on these facts and premises and found that the subject of protection of the right to education in the crises of the topics that deserve research and exploration in order to increase international interest in that side, and draw attention to the need to develop an international formula include the protection of the right to education for all groups affected by crises and armed conflicts, especially whether We learned that the Member States, including Iraq, has pledged to cooperate with the United Nations to ensure the observance of human rights, which include the right to education, was compelled to protect this right through the enactment of laws that conform with what is required by international law, and work in cooperation with international agencies specialized to provide all the means available to achieve this goal, either in normal circumstances or in times of crisis, absence of the right to education of the people, which means there is no nation or vibrant enjoy stability and prosperity.. The importance of education is no longer on the subject of controversy in any region of the world, contemporary international tests proved beyond any reasonable doubt, that the beginning of real progress but only is education; and that all the countries that have made great strides in progress in all fields and at all levels , whether social or cultural or economic or military gate made of Education, so we find that the developed countries take priority in education programs and policies, and we can say that the importance of the study highlight comes in. First : the ideological importance of the study is that the heavenly and especially Islamic Sharia has paid special attention to education stand out clearly in a number of verses of the Qur'an and the Hadith. Second : The humanitarian importance of the study in the denial and violation of the right of individuals to education hurt their ability to develop their character and care for and protect themselves and participate more actively in the social, economic and political life, and at the level of society as a whole that the denial of education harms the cause of democracy and social progress and thus to world peace and human security, we find, for example, through the teaching and learning of the human rights of every individual becomes unable to know the basic rights so that it could claim and reduce the violation. Either in crisis situations in particular can of education and through the dissemination of information on saving the lives of individuals, safety and risk prevention, that provides physical, psychological and intellectual protection for children, and help them to avoid exploitation and abuse, sexual violence or join terrorist groups and recruitment into armed groups. Third, it stems legal significance of that study; by offering international conventions and guidelines applicable in crisis situations, and analysis and comment, to reveal the extent of its effectiveness in protecting the right to education in that period, and examine the possibility of development or Abram private to protect the right to education in the armed conflict of international conventions.. Fourth : either from the research and jurisprudential point of this study; we believe that the research on this subject is of particular importance, being a touch on the subject have never dealt with an independent study in Iraq, according to the best of our knowledge on the one hand, on the other hand is obvious to everyone that Iraq from countries that have suffered a long period of crisis caused by the wars and conflicts, which have negatively impacted on the education sector and led to deprive a large segment of society from this basic and fundamental right, in addition to what was accompanied by the destruction and occupation allocated to the educational purposes of the buildings, and the decline in the quality of education and not to keep up with the rapid progress At the international level, and therefore we hope albeit modest in bridging the lack of legal libraries that almost devoid of legal books specialized in this field. After we finished the study of the international protection of the right to education in times of crisis "Iraq model" which we dealt with it in the first season to the historical stages of the recognition of the right to education, and the statement understandable and sections, types and its place in the international legal system, in addition to defining the concept of international protection of the right to education It enabled us to have access to basic intellectual tool for analysis. And we have dedicated the second chapter of the content of the right to education in international law, which was shown by the study, that the content is in three main aspects, namely : (1) the right to education, (2) the right to freedom of education, (3) What should be the purpose of education, including the right to human rights education. Either in the third chapter of our response to the study of international efforts to protect the right to education in times of crisis, and we can stand on the nature of this protection and what they are, through our analysis of the three legal systems of international law and identify the most important protected groups, and in particular we have seen that international law enhances the legal protection of the right to Education during armed conflicts, also found that international humanitarian law recognizes the international protection of educational establishments while ensuring the right to education for those affected by the conflict, as counting of international criminal law assault on educational institutions and the recruitment of children as a crime of war crimes and Pena possibility of prosecution of offenders through which according to responsibility individual criminal. As the international protection of the right to education is not enough to have just laid down rules in international agreements, we pointed out as well as to the important role played by international organizations like the United Nations and international and regional organizations specialized in that side, as we have through that chapter the role of international conferences in throwing political commitment the responsibility of the governments of countries in strengthening the protection of the right to education in their domestic legislation. The Oferdna the fourth quarter to highlight the reality of education in Iraq, from which we sought to determine the nature of the crisis and what are the ways of protection in that side as well as the statement of positions and statements and the efforts of the international community to support the right to education in Iraq.

جريمة التهجير القسري في القانون الجنائي الدولي == The Crime Of Forcibly Displace In The International Criminal Law

اسم المؤلف: سعاد راضي حسين الكناني
اسم المشرف: حسين عبد الصاحب عبد الكريم
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
الجامعة: الجامعة المستنصرية - كلية القانون
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: This message mentions the topic of crime of compulsory evacuating in the International penal law in oral research three chapters where the oral research mentioned the identifying what is the International penal law and most important of its basic principles also mentioned the identifying on crime of compulsory evacuating in ancient & current history. The first chapter where the crime of compulsory evacuating has been defined concerning the linguistic & term concept and to recognize what are suspected of terms like refugee & evacuating & expelling and to indicate its styles as if it is crowd evacuating or singular or internal or external also indicates its goals and types that effect on civilians which is being done by occupation state or on citizens of the same state or on foreigners. The second chapter it impose light on corners of this crime as it is being considered as international crime so it is consists of same corners that composes the crime in the national law and its ( the objective corner - legislative corner - moral corner) as well as to the international corner which differentiate it from the crime in the internal law The third chapter tool the specialization rules and trial on this crime in the law of international criminal court for former Yugoslavia and the international criminal court of Rwanda and the permanent international criminal court and the Iraqi supreme criminal court also the research in relation between the mentioned courts and the national courts regarding it is integrated relation also research in penalty on evacuating crime in mentioned courts laws already and presenters of punishment and parole from punishment also principle of prescription in the international criminal law which different from internal law. At last the close has been placed for what has been reached to regarding results and suggestions concerning the topic of the message.

ضمانات المستثمر الاجنبي وحوافزه في التشريع العراقي : دراسة مقارنة == The Guarantees And Incentives Of The Foreign Investor In Iraq Comparative Study

اسم المؤلف: رسل باسم كريم الحسيني
اسم المشرف: حيدر وهاب عبود العنزي
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
الجامعة: الجامعة المستنصرية - كلية القانون
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: يشهد العالم في العصر الحاضر تحولات عميقة في ميادين شتى ابرزها التحولات الاقتصادية وما لحقها من تطورات قانونية القت بضلالها على واقع التعاملات الدولية، فمما لا جدال فيه ان عقد الاستثمار الاجنبي يعد اكثر العقود شيوعا وانتشارا وتزداد اهميته يوما بعد اخر | The world is witnessing in the present age of profound transformations in various fields, notably the economic transformations and next of legal developments on the reality of the international trading case, it is the irrefutable that the foreign investment contract is the most common and widespread of contracts and increasingly important day after day, and represents the investment one of the main elements that underlie economic development in different countries, and that the various advantages offered by foreign, especially from the recipient country to invest that.Most countries of the world, particularly developing ones, and seeks to encourage foreign investment, and through the issuance of domestic legislation gives foreign investment more advantages and exemptions and facilities and provide them with many of the guarantees, but there no doubt if there is sufficient protection for foreign capital and being of a convenient way to settle disputes and compensation for damage, is one of the fundamental factors in creating a good atmosphere for the success of the investment. And despite the fact that Iraq is one of the developing countries that need significantly to foreign investment because of the circumstances in which it passed and for its economy and institutions and infrastructure ruined for decades, the flow of foreign investments which did not flow significantly in 2003 because of the nature of the ruling political system and economic, and the lack of effective legislation to attract foreign investment, and encourage and ensure its success, and the political and economic change that has happened in Iraq after the year 2003, which was accompanied by violent events that led to harm sectors and public departments in the country, and the inability of the Iraqi economy to promote its own requirements of economic development has increased the need to attract foreign investment to contribute to this development.For the importance of foreign investment and the capital of an important role in the transfer of modern technology to contribute to the process of economic development and job creation, the Iraqi legislator feel to this urgent need for foreign investment he issued the Iraqi Investment Law No. 13 of 2006. Which became effective on 17/1/2007. But what if the commencement of this Act to access quickly emerged disadvantages, have resorted to the Iraqi legislature amended and that the issuance of Law No. (2) for the year 2010, which is called the first amendment to the law of the investment law.Search requests that the subject has been divided into two classes before it study introductory we approached the concept and types of foreign investment in the first requirement, the second requirement for the holding of the legal nature of the investment, while the third requirement we appear investment evaluation. The first chapter we dealt with the foreign investor guarantees and the fact that relevant aspects of the safeguards different legal and nature has necessitated it to be considered objective guarantees first , material first section of this chapter, and a complement to discuss these safeguards have been allocated to the second section to review the most important procedural safeguards. The second chapter dedicated to a statement incentives granted to foreign investors in the first two sections of them financial incentives granted to foreign investors, while the second section for non - financial incentives (fundamental) granted to the foreign investor.The researcher found to many of the conclusions and proposals mentioned in the conclusion of the message.

النظام القانوني لضمانات الائتمان المصرفي بطريق التمويل غير المباشر : دراسة مقارنة == The Legal System Of Guarantees Of Bank Credit By Way Of Indirect Financing A Comparative Study

اسم المؤلف: دعاء عناد حسين علي
اسم المشرف: علي فوزي ابراهيم الموسوي
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون التجاري
الدرجة: ماجستير
الجامعة: الجامعة المستنصرية - كلية القانون
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: اخترت (النظام القانوني لضمانات الائتمان المصرفي بطريق التمويل غير المباشر) موضوعا للبحث لما لضمانات الائتمان المصرفي من اهمية كبيرة، وذلك للحد من المخاطر التي يتعرض لها المصرف من ضياع حقوقه عن طريق تطوير هذه الضمانات ومدى الحاجة الى ايجاد نظام قانوني خا | Choose (the legal system of guarantees of Bank credit by of indirect financing ) subject of research because of the guarantees of research because of the guarantees of bank credit of great importance in order to reduce the risk the bank from the loss of their rights through the development of these guarantees and the extent of the need to create a special legal regime credit address.Those guarantees in detail Hoy find an introduction, three main chapters began to search an introduction to show the role played by the bank in the economic development of all states and are providing services for people and institution deemed to its perilous, that are exposed as result of submission of such services it seeks banks to address these risks through the development of rules and banking foundations enable from the face of these risks and deal with them. We have found the adoption of the Iraqi banks chiefly foundation on cash collateral as it determines banks a certain percentage of the money as collateral remains with the bank until the end of the credit and this will be a heavy burden on the client demanded credit for the fact that a large percentage of his money which the need of it remains frozen as well as it could Atasv. Bank in escrow if required to impose a high percentage or too demanding guarantees Rem along with cash collateral. The guarantees and other collateral and especially Alasimareal estate after the cash collateral as the client allocates a certain drug or partly owned subject to the bank to play off debt while credit Alalamal in the case of inability to repay the bank's implementation on the property or part there of by sale. As for the guarantees of personal(Bail) shall not lift up from the bank in danger of losing his rights and that the likelihood of the client and the sponsor filed for bankruptcy, together so Banks often do not accept this kind of guarantees or may be requested along with other collateral or requests to sure more than one person for the suppose of risk mitigation or reduction. As mentioned may at asv bank to impose safegurads or on the contrary, may be required guarantees not fit with khjm credit required exposing the bank to the loss of his rights and realized msalath toward its other clients to the fact that the money offered by saas customers are not belong to him but are deposits deposited has by other clients vtaathak responsibility Bank to words them

اثار التدخل العسكري في العلاقات الدولية : دراسة العراق وليبيا انموذجا == Effects Of Military Intervention In International Relations : Study Of Iraq And Libya As A Model

اسم المؤلف: حيدر موسى منخي القرشي
اسم المشرف: خالد سلمان جواد
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الدولي العام
الدرجة: ماجستير
الجامعة: الجامعة المستنصرية - كلية القانون
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: International Law development has associated with the development of the International Relations, in which the International Law finds a legal framework for regulation and restriction these relations. Therefore, the allowable relations before the international regulation have become inadmissible after the dawn of International Organisation emerging, especially Charter of the United Nations.In terms of maintaining international peace and security was the reason behind the Charter of the United Nations existence, the Charter has taken the responsibility to legislate for behaviour of the countries, especially by putting restrictions on military intervention. These legislations can be considered as a violation of states sovereign, territorial integrity and political independence. As well as these Charter legislations can be considered as a contravention of the United Nation Carter itself, through violation of the most two principles of United Nation, in which use of force in the international relations is banned, as mentioned in Article 2, Paragraph 4; and prohibit the countries’ domestic jurisdiction, Article 2, Paragraph 7.However, the military intervention is admissible, if there is an aggression on a country. The United Nations has the right to intervene militarily, in order to restore the international peace and security to their levels.In addition to the huge violations of human rights, a humanitarian intervention has been emerged, which is described an intervention to protect human rights in the countries that used to violate human rights and freedom. Therefore, the humanitarian intervention is stillcontroversial among the jurists of the international law, because of missing legal foundations. As well as if the legal foundations have been found, the humanitarian intervention will also be controversial. Furthermore, its application will be affected by the international politics. Therefore, humanitarian intervention has been described as a new form of colonisation.According to the impact of Iraqi invasion to Kuwait in 1990, Security Council issued tens of decisions against Iraq, including military intervention and economic resolutions. These resolutions continued until occupation Iraq in 2003. In which, the Iraqis’ sufferance continues till today.According to Arab Spring revolutions, which have been started in early 2011, the Libyans revolted against their government demanding their rights. In which the Libyan's government committed brutal and horrific crimes, which could be considered crimes against humanity. Therefore, the international and territorial organisations had been too quick to stoop these crimes, in which, the Security Council issued resolution 1973 that authorised NATO and some country to intervene militarily in Libya in operation called (Odessa Dawn) instigating Al - Kaddafi regime falling.Therefore, I divided my thesis into two chapters : Chapter one : Principal of non - intervention and humanitarian intervention in the international law.Section one : Principal of non - intervention in the international law.Section two : Humanitarian intervention in the international law.Chapter two : Applications of military intervention and its impacts.Section one : Military intervention in Iraq and its impacts from 1990 to 2003.Section two : Military intervention in Libya and its impacts in 2011.The project concluded that the military intervention, even with Security Council authorization, has negative influences and repercussions, which may continue for long years. The Iraqi people still suffer from instability in the political and security situations. Similarly, the Libyan people demonstrate the same instable situation in the politics and security.

الحقوق التقاعدية في التشريع العراقي : دراســة مقارنة == Pension Rights In Iraqi Legislation (Comparative Study)

اسم المؤلف: جميل مهدي محمد وسـين
اسم المشرف: علي احمد حسن اللهيبي | حيدر وهاب عبود
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
الجامعة: الجامعة المستنصرية - كلية القانون
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: First : - the subject of research and its importance : - The pension rights over the images and various forms, like other social rights of his ideas of social and economic concepts and theories that dominated the world over the years, and thieves pension systems means not only to achieve the social security of the individual, but also to achieve political and economic goals, and through income redistribution National, and the resulting effects on production, consumption and savings and development, as there are undeniable fact is that the pension rights is seen as crucial for the protection of the right of an employee who exterminated his youth flower in public office and make all his energies and abilities physical in order to fulfill his tasks completed service face and that in order to achieve the public benefits of the entire interests of society must at the end of the career service that one finds harvest what planted all these years and is this harvest security provided by the state after the end of the time period he spent in public office of any provision of livelihood and life carefree, even for the most part This is Isthsalh retired or monthly cash bonus to allocate the amount of money delivered to him at once. The aim of the study to try to gain access to the answer to the question, how Iraqi legislation addressed Mqana comparative legislation pension rights after it became legislation those rights necessary supplies era.This study serves as a modest contribution in the statement of the legal aspects of the subject, the study compared with some countries, IRRI (France - Egypt - Jordan - and other countries) to take advantage of their experience in this area.Second : the problematic issue : - The research problem is the absence of a unified legal study or vision legislative unified establish or framing a general theory of the legal system that governs career and granting pension rights within the limits set by law, so the letter was an attempt of the researcher to draw a general theory or a comprehensive vision of those rights granted to employees.Third, the research methodology : For the purpose of access to the very research, and to reach conclusions and recommendations which are proposals to address the problem of the research style and approach to scientific Rezin was the analytical method and Comparative adoption of the search was to enrich Find decisions and opinions modern issued by the State Consultative Federal Court of Cassation Council also has the use of jurisprudence and legislation comparison to the enrichment research topics letter came to work briefing this subject from all sides, despite the scarcity of jurisprudence and judicial sources related to the search topic. Fourth, the research plan : - We have been divided into three chapters : the first of them set aside for a definition of pension rights and their types, and includes two sections of this chapter, the first of which was allocated to the statement of the definition of pension rights, and the second for the types of pension rights.The second chapter devoted to address pension rights and the rules of entitlement calculated, and This chapter contains two sections, the first of which was devoted to the issue of pension rights entitlement, and the second to deal with the rules of the calculation of pension rights.The third chapter was dedicated to discuss the issue of denial of pension rights and challenged, this chapter has been divided into two sections, the first of which we address in the denial of pension rights, while the second section Ventaul the appeal against the denial of pension rights.And then we finished our show Find a conclusion where the most important results that have been reached by the addition to the recommendations we have seen the need to take them with a summary in English, and the help of God and conciliation

ثنائية السلطة التنفيذية في دستور جمهورية العراق لسنة 2005 : دراسة مقارنة == Duality Of The Executive Authority In The Constitution Of Republic Of Iraq For The Year 2005

اسم المؤلف: ايمان جسام محمد
اسم المشرف: مهند ضياء عبد القادر
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
الجامعة: الجامعة المستنصرية - كلية القانون
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The executive authority status differs from one country to another according to the political regime applied in it, the executive authority status in a country applied parliament system differs from its status in another state applied presidency system, and for these systems based on the execution authority, all the attention is directed towards the latter system, and distribution of authority in it, and here we could find two kinds of systems in this respect.There are systems adopted uniexecution authority principle of its subject and form here related with the presidency system, the president of the state is elected by people in this system, where he gathered between the capacity of president of the state and president of the government, thus the president of the state in this system dominated and ruling, he is at the top of the state, and he is the president of the execution system and he is in charge of it before the people, where there is dissolve of responsibility.There are another systems based on duality of executive authority, we mean here the parliament system, where this system depending distribution of powers in areal way between the two positions, we could find in it that the execution power based on the principal of duality, means the existence of two persons at the top of the execution authority, president of the state( king or president of the Republic), due to the nature of the system, whether it is monarchy or presidency, that the president of the state enjoys independence from the position of president of the government, and he does not practice his specialization actually, where the real authority concentrated in the hands of the government and its direct president( prime minister), and his decision are not implemented motely unless signed by the prime minister or one of his specialized minster, subsequently , this system created some kind of logical and rarional distribution of power between the state and the prime minister, and if the execution authority has a special structure, a distinguished status in all the previous mentioned systems theoretically, but the application has witnessed the a state of real outing from logic of his system , as a result of desire of constitution side of some states by generating of coupling for the principle and the fundamentals related with more than one system, and for the existence of real conditions, surrounding the state that getting it out from its main features of the applied system, the matter, that influenced on the execution authority status and leads to change in its traditional characteristics and there would be formal distribution of the authority between the two owners of the positions, if it is focused clearly the superiority the state position on the account of the prime minster that effects on the system nature, thus the jurists of the constitution law, that the constitution of the French,1958, has violated the parliament system via giving the president of the state wide powers, strong position, where it mixes the parliament and the presidency systems, and the presidency of the republic overweighed upon the expenses of the government, and according with what has mentioned, we try to know the principle of execution authority duality in Iraq in light with our current constitution for the year 2005, and comparing it with the parliament systems whether traditional one or non traditional, via carrying comparative analyzing study of the president of the republic's relations with the prime minster in some parliamentary systems such as Britain, Germany, India, motherland, Norway, Austria, Japan, Portugal, Canada, Poland, Italy, and of Arabic such as Jordin, Bahrain, Kuait, Tunis, Syria, Yemen, Egypt and the truth that choosing the subject lies in knowing the constitutional and reality status of the prime minster and the government as whole, also there is auto reality represented by knowing the existence of application chances of the Iraqi parliamentary system, of considering the duality of the execution power being the originally one of the basics of the parliamentary system, also some of previous various studies of the execution authority did not discuss but aspect of administrative organization of the relation between the president of the republic and the government, we discussed the execution authority as administrative association without discussing analyzing the constitutional and political dimensions of the relation between the parties of the authority. Based on what has mentioned and with the bless of Al - mighty Allah, we would discuss the subject due to the following plan : - The first chapter : overview about dual authority notion The first category : definition of and starting The second demand : the reality starting of the duality notion The third demand : the legal starting of dual notion The second category : Dual form of execution authority The first demand : formal duality( consultation) Second demand : constitution duality Third category : the influenced factors of dual notion successFirst : demand : election system Second demand : depending adjacent signature base Third demand : party disciplineForth category : duality notion in the Iraqi constitutional systemFirst demand : staring of Iraqi parliament system Second demand : duality notion in presidency constitutions Second chapter : Duality notion in the Iraqi basic law for the year 1925The first category : The king specialty in the field of legislation power The second demand : specialties in the field of execution power Second category Role of prime minster in the basic law for the year 1925 First demand : specialties in the field of legislation powerSecond demand : specialties in the field of execution power Third chapter : duality notion of the valid Iraqi constitution for the year 2005. First category : position of president of the state under the Iraqi constitution for the year 2005 First demand : methods of choosing rulersSecond demand : specialties of president of the state under the constitution 2005 First category : methods of choosing rulers Second demand : specialties of president of the state under the constitution of 2005. First branch : direct specialty practiced by president of the state separately Third demand : states of termination the governing period of the president of the state and the responsibility arranged on it First branch : states of termination governing period of president of the state. Second branch : responsibilities of prime minster in 2005 constitutionThe second category position of prime minister in 2005 constitution First demand : the special provisions of choosing and termination of the governing period of the prime minster Second demand : specialties of prime minster according to valid Iraqi constitution 2005. First branch : specialties of the prime minster Second branch : responsibilities of the prime minster under the constitution of 2005

الدور السياسي للقضاء الدستوري : دراسة مقارنة == The Political Role of Constitutional Judiciary A Comparative Study

اسم المؤلف: ميسون طه حسين
اسم المشرف: عدنان عاجل عبيد
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الدستوري
الدرجة: دكتوراه
الجامعة: جامعة بابل - كلية القانون - قسم القانون العام
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: يتخذ الدستور شكل النظام القانوني الذي يجمع بين دفتيه، المبادئ والقواعد القانونية التي تحكم الحياة السياسية للشعب ويكفل حقوق الانسان، ويحدد سلطات الدولة وينظم ممارستها، وعلى ذلك فان نصوص الدستور ولغته ومفاهيمه تعبر عن الحياة السياسية وتخضعها لقواعد معي | Constitutional Judiciary is amodern institution but an old function.It started with it's classic function in controlling the constitutionality of laws. It allwys refers to the American Supreme Court, and Austrian jurist, Killsin, when discussing such mat

الحماية المدنية من الاعلان التجاري المضلل : دراسة مقارنة == The Civil Protection From Misleading Commercial Advertisement A Comparative Study

اسم المؤلف: فريد حنين جاسم
اسم المشرف: عقيل فاضل حمد الدهان
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون المدني
الدرجة: ماجستير
الجامعة: جامعة البصرة - كلية القانون والسياسة
اللغة: العربية
مكان الجامعة: البصرة
الصفحات الاولى:
المستخلص: Commercial advertisements generally regarded as one of the important identification means for productions and services especially in countries which are in the case of commercial and industrial progress, as well as informing consumers with substantial inf

الحماية القانونية للمهاجرين بموجب القانون الدولي العام == The Legal Protection of Migrants Under General International Law

اسم المؤلف: زهراء قدري منهي السهلاني
اسم المشرف: مها محمد ايوب
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الدولي العام
الدرجة: دكتوراه
الجامعة: جامعة النهرين - كلية الحقوق - قسم القانون العام
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Throughout mankind history, migration been and still a fact of life, there are many different reasons that lead to it, usually these reasons are complex. Migration could be coercive or voluntary, it may arise from escape from a precarious situations or wh

الحماية الجنائية من التلوث بالاشعاع النووي : دراسة مقارنة

اسم المؤلف: نور حسين عباس
اسم المشرف: محمد علي عبد الرضا عفلوك السلمان
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
الجامعة: جامعة البصرة - كلية القانون والسياسة
اللغة: العربية
مكان الجامعة: البصرة
الصفحات الاولى:
المستخلص: During the last years a big development happened in the society, our society today is distinguished from the previous society. According to this development which happened in increase, a new patrons of crimes emerged in the society, these crimes are very

الحماية الجنائية للمحميات الطبيعية : دراسة مقارنة == The Criminal Protectiofo Natural Reservations A Comparation Study

اسم المؤلف: عباس بريسم حبيب
اسم المشرف: محمد علي عبد الرضا عفلوك السلمان
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
الجامعة: جامعة البصرة - كلية القانون والسياسة
اللغة: العربية
مكان الجامعة: البصرة
الصفحات الاولى:
المستخلص: تعد الحماية الجنائية للمصالح والحقوق الجديرة بالحماية الاهم من بين صور الحماية القانونية الاخرى, في مجال حماية المحميات الطبيعية خاصة والتي تمثل مواقعا للحفظ وصون الحياة الفطرية وحاميا للثروة الطبيعية التي تعد الداعم الاقوى للاقتصاد الوطني.لذا بادرت م | The criminal protection for the interest and rights are eligible to be protected are of the most important aspects among other aspects of legal protection especially in the field of protection natural reserves representing sites for reservation and keepin

الحماية الجنائية لاسرار الدفاع : دراسة مقارنة == The Criminal Protection of The Secrets of The Defense A Comparative Study

اسم المؤلف: محمد جياد زيدان
اسم المشرف: امل فاضل عبد خشان عنوز
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الجنائي
الدرجة: دكتوراه
الجامعة: جامعة النهرين - كلية الحقوق - قسم القانون العام
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The state's secrets is a public meaning which include all the information that belong to the internal and external politics of the state that if these secrets violated it would cause damage to common benefit for the state. But our study is focused on the

التزام الادارة بتنفيذ احكام القضاء الاداري : دراسة مقارنة == Engagement of Administrastion To Executing The Ruls of Admonistrative Judiciary (Comparative Study)

اسم المؤلف: زياد خلف عودة
اسم المشرف: حيدر طالب الامارة
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الاداري
الدرجة: دكتوراه
الجامعة: جامعة النهرين - كلية الحقوق - قسم القانون العام
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: If the matter of executing the rules of administrative judiciary are easy when the rule was issued between two normal persons whereas the person who the rule was issued for him to resorting to the specified directorates of executing for it have a forced t

التوجيه الصرفي في كتب مشكل اعراب القران في القرنين الخامس والسادس الهجريين == The Morphological Channeling In The Books on The Obscure of Parsing The Quran In The Fifth And Sixth Century

اسم المؤلف: رقية سجاد حسن
اسم المشرف: علي فرحان جواد
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: اللغة
الدرجة: ماجستير
الجامعة: جامعة المثنى - كلية التربية للعلوم الانسانية - قسم اللغة العربية
اللغة: العربية
مكان الجامعة: المثنى
الصفحات الاولى:
المستخلص: This study deals with the morphological channeling in three books the common subject matter of which is the obscurity of the parsing of the Quran. These books are : 1.Mushkil '?rab 'al - Quran by Makki Ibn Abi Talib al - Qaisi (d.437 A.H.).2.Kashf al -

التصحيف والتحريف عند المحدثين : دراسة في الظاهرة والمؤلفات == The Classification In The Apparent of Tune Speaker : Analysis And Description Study

اسم المؤلف: محمد سالم محسن العبيدي
اسم المشرف: محمد يحيى سالم الجبوري
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: اللغة
الدرجة: ماجستير
الجامعة: الجامعة العراقية - كلية الاداب - قسم اللغة العربية
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: يهتم هذا البحث بدراسة ظاهرة مشتركة بين الحديث الشريف واللغة العربية وهي التصحيف والتحريف فهي احدى ظواهر اللحن التي اصابت الحديث النبوي الشريف، وقد تصدى علماؤنا الاوائل منذ الوهلة الاولى للتنبيه عليها وتبيينها، وشرح اسباب الوقوع فيها, ثم وضعوا ضوابط واس | This research is interested the study of shared apparent between The holy Hadith and the Arabic language that It is Misreading and Distortion where It is a once of tune apparent which affected to the Holy prophetic Hadith, our first Scientists have faced

رثاء الامام الحسين (عليه السلام) في الشعر العراقي الحديث 1945 - 2010م : دراسة اسلوبية == Lament of Emam Hussain In Modren Iraqi Poety 1945 - 2010 : Styling Study

اسم المؤلف: ياسمين رحيم ماهود التميمي
اسم المشرف: طلال خليفة سلمان
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: الادب
الدرجة: ماجستير
الجامعة: جامعة بغداد
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Lament purpose of Arabic poetry purposes, snatch human emotion seeking spiritual content that transcends Palmrthy and flying him to Annan virtue and transcends it to the top of the human and spiritual perfection degrees, and as the self - pity is Altfja a

جمالية التلقي والتاثير في شعر الحوليات == Aestheticism of Reception And Effect of The Annual Poetry

اسم المؤلف: ربى عبد الرضا عبد الرزاق التميمي
اسم المشرف: خالد علي مصطفى
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: الادب
الدرجة: دكتوراه
الجامعة: جامعة ديالى - كلية التربية للعلوم الانسانية - قسم اللغة العربية
اللغة: العربية
مكان الجامعة: ديالى
الصفحات الاولى:

تحولات شعر التشيع الى نهاية القرن الرابع الهجري : دراسة موضوعية == Changes of Shiasim Poetry Till The End of Hijra Century : Topical Stnely

اسم المؤلف: محمد قاسم حسين خليفة البوعيد
اسم المشرف: مزهر عبد موزان السوداني
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: الادب
الدرجة: دكتوراه
الجامعة: جامعة البصرة
اللغة: العربية
مكان الجامعة: البصرة
الصفحات الاولى:
المستخلص: Changes of shiasim poetry till the end of Hijra century topical stnely Shia creed represents for its followars and snpporters, the nalf expansion of Islam and what the prophet (Allas blessings and peace be on him), so and after the death of the prophet so

الميداني وجهوده اللغوية (ت 518هـ)

اسم المؤلف: نادية هاشم محمد الزركاني
اسم المشرف: عبد الخالق زغير عدل
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: اللغة
الدرجة: ماجستير
الجامعة: جامعة واسط - كلية التربية - قسم اللغة العربية
اللغة: العربية
مكان الجامعة: واسط
الصفحات الاولى:

ديوان (الكتاب) ادونيس : دراسة صرفية نحوية == Divan (Al - Ketab) To Odense Morphological : Study of Grammatical

اسم المؤلف: استبرق ابراهيم يعقوب
اسم المشرف: غادة غازي عبد المجيد
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: اللغة
الدرجة: ماجستير
الجامعة: جامعة ديالى - كلية التربية للعلوم الانسانية - قسم اللغة العربية
اللغة: العربية
مكان الجامعة: ديالى
الصفحات الاولى:
المستخلص: This study which is entitled The Linguistic Structure of Al - Ketab Divan explains the creative and artistic ability the great poet (Odense) had. The use of morphological structures which appear through the structure and meaning and the use of the nominal

الجهد اللغوي في (مصدق الفضل) : شرح قصيدة (بانت سعاد) للشيخ شهاب الدين الهندي (848هـ) == Linguistic Effort (Certified Credit) : Explanation Poem (Pant Souad) Sheikh Shahabuddin Indian (848e)

اسم المؤلف: ايمان ابراهيم علي العوادي
اسم المشرف: سعاد كريدي كنداوي منذر الكرعاوي
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: اللغة
الدرجة: ماجستير
الجامعة: جامعة القادسية - كلية التربية - قسم اللغة العربية
اللغة: العربية
مكان الجامعة: القادسية
الصفحات الاولى:
المستخلص: The annotations pant Suad treasure linguistically to Aanill researchers have found where efforts to linguistic many of them Maitalq video and audio phenomena addressed by the ancient and modern Kalabdal and Alaalal and slurring as well as exchange grabbed

السرد في قصيدة النثر العراقية 1970م - 2000م == Narration In Iraqi Prose Poem

اسم المؤلف: الاء عبد الرضا عبد الصاحب
اسم المشرف: عباس ثابت حمود
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: الادب
الدرجة: دكتوراه
الجامعة: جامعة بغداد
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: It's obvious for critics what prose poem achieves of many successes in motivating others in the field of literature in generally, and in poems in privately manner.It has raised through its own contradictionsand its instability a critical movement startin

اثر الاتجاهات الفكرية في الرواية العراقية 1950 - 1980 == The Impact of Intellectual Trends In The Iraqi Novel 1950 - 1980

اسم المؤلف: صبا علي كريم المعموري
اسم المشرف: علي ابراهيم محمد الزرقاني
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: الادب
الدرجة: دكتوراه
الجامعة: جامعة بابل - كلية التربية للعلوم الانسانية - قسم اللغة العربية
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: This study attempts to detect the influence of ideology in literature as an intellectual pattern which is practice clear presence in literary discourse. The years that followed World War II starting from 1950 was selected in this study as a field because

الشخصية في الرواية العراقية (2000 - 2013) : دراسة فنية موضوعاتية == The Character In The Iraqi Novel 2000 - 2013 : Technical And Thematic Study

اسم المؤلف: ضحى علي فهد
اسم المشرف: باسم صالح حميد
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: الادب
الدرجة: دكتوراه
الجامعة: جامعة بغداد
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The research about the technique which interesting in the important techniques in the artistic construction in Iraqi novel, a personal narrative, has carried the title of research : (The Character in the Iraqi novel 2000 - 2013 / technical and thematic st

السلطة في كتاب قصص العرب == Authority In Stories of Arabs

اسم المؤلف: سالم جمعة كاظم
اسم المشرف: عبد الله حبيب كاظم التميمي
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: الادب
الدرجة: دكتوراه
الجامعة: جامعة القادسية - كلية التربية - قسم اللغة العربية
اللغة: العربية
مكان الجامعة: القادسية
الصفحات الاولى:
المستخلص: The term heritage is regarded as an overlapping concept because it encompasses a group of components, such as the oral and written tradition, monuments, architecture, historical information, customs and traditions, which delineate an image of ancient Arab

شعر الطلائع بن رزيك : دراسة لغوية == Hair Talaea Bin Rzyk : Study of Language

اسم المؤلف: محمود محيسن بسمار الفريجي
اسم المشرف: جاسم حمد عبد العبود
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: اللغة
الدرجة: ماجستير
الجامعة: الجامعة المستنصرية - كلية الاداب
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: This study was to develop a poet Vanguard bin Rzyk in its proper place and highlight it and lift the injustice and inequity, who have really poet this study came titled (hair Vanguard bin Rzyk study of language) which are located in the four seasons as we

شعر السيد صادق الفحام (ت 1205هـ - 1790م) اتجاهاته وخصائصه الفنية == The Poetry of Al - Sayed Sadiq Al - Faham Trends And Characteristics of Art

اسم المؤلف: عبد الستار جبار عطية
اسم المشرف: Khudhayer Abbas Darwish
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: الادب
الدرجة: ماجستير
الجامعة: جامعة كربلاء - كلية التربية للعلوم الانسانية - قسم اللغة العربية
اللغة: العربية
مكان الجامعة: كربلاء
الصفحات الاولى:
المستخلص: one of the most important poets of his time, and the poets of the first layer, it has played an important role in the revitalization of the literary movement of his time in general and poetry especially, as it is one of the founders of the battle Thursday

شخصية الجواهري من شعره == Personal Jeweler of His Hair

اسم المؤلف: عتاب مطير خضير
اسم المشرف: ثائر عبد المجيد العذاري
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: الادب
الدرجة: ماجستير
الجامعة: جامعة واسط - كلية التربية - قسم اللغة العربية
اللغة: العربية
مكان الجامعة: واسط
الصفحات الاولى:
المستخلص: Praise be to God who blessed us, prayer and peace be upon the Messengers and ring Alnpin))Sali Allah be upon him and his family)) Secretary and The God of the good and virtuous. And yet...Jeweler held the great status in modern Arabic poetry, and has th

الشعر والرسم في الشعر العراقي الحديث رؤية في علاقة النص المكتوب بالنص المرئي == The Relationship of Poetry And Drawing In Iraqi Modern Poetry " To See The Connection Between Written Text And Visible Text"

اسم المؤلف: سكينة رزاق واجد
اسم المشرف: اسماعيل خلباص حمادي الزاملي
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: الادب
الدرجة: ماجستير
الجامعة: جامعة واسط - كلية التربية - قسم اللغة العربية
اللغة: العربية
مكان الجامعة: واسط
الصفحات الاولى:
المستخلص: poetry, in ancient cultures was on the top of Fine arts. And it is related to it by multiple bonds, because they come from a common source, Which is, expression of human feelings felt by the artist and Concerns him. That leads to a creative act, at the sa

شعر المعاقين في الادب العربي حتى نهاية العصر العباسي == The Poetry of The Disabled In The Arabic Literature Up To The End of The Abbaside Era

اسم المؤلف: صبا عصام عبد الحسين نومان
اسم المشرف: محمد شاكر ناصر الربيعي
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: الادب
الدرجة: دكتوراه
الجامعة: جامعة بابل - كلية التربية للعلوم الانسانية - قسم اللغة العربية
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: The psychological constitution of the disabled may vary from that of his healthy fellows and thus it may lead to a kind of difference which mar result in one of these two affairs : He either changes into a weak personality surrendering to circumstance imp

شعر عمر بن ابي ربيعة (ت 93هـ) : دراسة في ضوء المنظور النفسي == The Poetry of Omar Bin Abi Rabia Teaching In Methodology of Psychology

اسم المؤلف: سعد عمار وادي الخفاجي
اسم المشرف: هناء جواد عبد السادة العيساوي
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: الادب
الدرجة: ماجستير
الجامعة: جامعة بابل - كلية التربية للعلوم الانسانية - قسم اللغة العربية
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: What poetry Umayyad still rich material, and a certain inexhaustible, tempt researchers access and Alastqdhae, opens in front of them and the best ways to get interesting new material in a manner consistent with the Jeddah scientific studies, and timeline

الشعر الجاهلي في ضوء الانساق الثقافية : اللامنتمي اختيارا == Pre - Islamic Poetry In The Light of The Cultural Structures - Marginal Choice

اسم المؤلف: نبا باسم رشيد
اسم المشرف: احمد عبد حسين الفرطوسي
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: الادب
الدرجة: ماجستير
الجامعة: جامعة بغداد - كلية التربية ابن رشد للعلوم الانسانية
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Kicks off this research destination, which calls its cultural patterns in poetry reading ignorant as to the nature of the treatment sought by cultural criticism requires more careful to refrain from the silent and expose what is going on in the Arab cultu

الشعر في كتب الامالي حتى القرن السابع الهجري : دراسة جمالية == Poetry In The Books of Al Amalie Until The Seventh Century Ah : Aesthetic Study

اسم المؤلف: علياء حكيم محسن
اسم المشرف: عبد الله حبيب كاظم التميمي
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: الادب
الدرجة: دكتوراه
الجامعة: جامعة القادسية - كلية التربية - قسم اللغة العربية
اللغة: العربية
مكان الجامعة: القادسية
الصفحات الاولى:
المستخلص: The books of Al Amalie consider from the origins Arab heritage; Because of what it contains among its stockpile of various Arab Science from various Arab Science from grammar and exchange, indication together with the notification, which formed a strong p

الخيال الشعري ومستويات الابداع في النقد العربي القديم == The Poetic Imagination : Level of Innovation And The Classical Arabic Criticism

اسم المؤلف: رغد عبد الكريم مزبان
اسم المشرف: مسلم حسب حسين
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: الادب
الدرجة: ماجستير
الجامعة: جامعة البصرة
اللغة: العربية
مكان الجامعة: البصرة
الصفحات الاولى:
المستخلص: This study is about imagination which is distinguished as a fertile human faculty and the fruit of self that it uses to disclose its emotions out of what the senses recognize and pick out in the surrounding. The imagination is an inspiration resulting fro

شروح المشكل الشعري بين المشارقة والمغاربة : دراسة موازنة

اسم المؤلف: حمزة صبيح عبد
اسم المشرف: مزاحم مطر حسين
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: الادب
الدرجة: ماجستير
الجامعة: جامعة القادسية - كلية التربية - قسم اللغة العربية
اللغة: العربية
مكان الجامعة: القادسية
الصفحات الاولى:
المستخلص: The fourth century of the Hegira is considered one of the luminous centuries in the history of the Arab criticism. It is the culturaloutcome of the former centuries resulting from the blending of Arab culture with other cultures. Therefore, it represents

اسلوب التعليل في نهج البلاغة : دراسة نحوية == Justification Method In Nahj A - Balagha : Grammatical Study

اسم المؤلف: قاسم جودة عطية
اسم المشرف: ظاهر محسن كاظم الشكري
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: اللغة
الدرجة: ماجستير
الجامعة: جامعة بابل - كلية التربية للعلوم الانسانية - قسم اللغة العربية
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: After I had noticed my thesis (Justification Method in Arabic Language) and (Justification Method in Holy Quran) , I decided, after showing that to my Praiseworthy master, to write about a topic that many superior scientists dealt with, leaders of Arabic

اثر القرينة المعنوية في التوجيه النحوي عند الجرجاني (471هـ) في المقتصد في شرح الايضاح == The Impact of The Moral Context In The Grammar Guidance of Jerjani Book In (Al - Muguetsd Fe Sharah Al - Aydah)

اسم المؤلف: عفراء محمد علي عبد الجبار
اسم المشرف: سعد حسن عليوي
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: اللغة
الدرجة: ماجستير
الجامعة: جامعة بابل - كلية التربية للعلوم الانسانية - قسم اللغة العربية
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: This research reveals the vague facts, removes the ambiguity, and aimed to the clarity and to stay away from confusion. It is talked about the term popularized and spread in the books of grammar, rhetoric and assets scientist.There is no scientific study

دراسة الصرف العربي في هدي علم اللغة التاريخي

اسم المؤلف: وسام مجيد حسن البناء
اسم المشرف: عبد الرحمن مطلك وادي الجبوري
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: اللغة
الدرجة: دكتوراه
الجامعة: جامعة بغداد - كلية التربية ابن رشد للعلوم الانسانية
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:

الاحتياط للمعنى في العربية == The Reserve For Meaning In Arabic

اسم المؤلف: كاظم ابراهيم عبيس السلطاني
اسم المشرف: سعدون احمد علي الربعي
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: اللغة
الدرجة: دكتوراه
الجامعة: جامعة بابل - كلية التربية للعلوم الانسانية - قسم اللغة العربية
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: Praise be to God, who else does not praise nor plausible thanks to the other, praise Him all grace and ask him all the best and safest to drink and good companions Mohammed and his creation The God of the good and virtuous God OrdAlmjin from his companion

الثنائيات الضدية في رثاء المدن الاندلسية : دراسة تحليلية

اسم المؤلف: رازقية كاظم عبد عزيز الجبوري
اسم المشرف: علي كاظم محمد علي المصلاوي
الموضوع العام: اللغة العربية وادابها
السنة: 2015
الموضوع الدقيق: الادب
الدرجة: ماجستير
الجامعة: جامعة كربلاء - كلية التربية للعلوم الانسانية - قسم اللغة العربية
اللغة: العربية
مكان الجامعة: كربلاء
الصفحات الاولى:

صـفات الله تعالى وادلتها عند محمـد مهـدي النراقي في كتابــه جامــع الافكار وناقــد الانظار == God (To Be He Exalted) Attributes And Its Proof Upon Mohammed Mahdi Al - Naraqi In His Book Jameh Al - Afkar And Naqid Al - Andhar

اسم المؤلف: هبة ابراهيم خالد خليل
اسم المشرف: هاجر دوير حاشوش
الموضوع العام: العلوم الاسلامية
السنة: 2015
الموضوع الدقيق: العقائد
الدرجة: ماجستير
الجامعة: جامعة بغداد - كلية التربية ابن رشد للعلوم الانسانية
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Divine attributes of key verbal issues, one of the issues that are very serious and critical, which requires a lot to avoid wading in which this study has dealt with the attributes of god (to be he exalted) and the main proof for Sheikh Mohammed Mehdi Al - Naraqi ideas in his book" JAMEH ALAFKAR and NAQID Al - ANHDARWhere discussed Sheikh Al - Naraqi's theory of god attributes and his analysis and verifying it's proof as a model of mental and philosophic school of thought. Divine attributes of mothers verbal issues, one of the issues that are dangerous, which requires a lot to avoid wading in which this study has addressed the attributes of God Almighty and the evidence for Sheikh Mohammed Mehdi Alnraca ideas in his book collector and critic of sight. Deals with this subject Sheikh Alnraca theory attributes of God in resources, analysis and evidence in relation to his ideas collector and critic attention as a model of school mental. The paper consists of three chapters preceded by an introduction and followed by conclusions that sum up the study. An introduction deals briefly with philosophy and the most important cosmic visions which dealt with ideological issues in the first topic the topic the second topic deals with a brief summary of Sheikh Al - Naraqi's life and works. The first chapter shows how to prove the described character and the divine attribute. The second chapter is concerned with the meaning of god attributes The third chapter sheets light on the attributes of god (to be he exalted) and the its proof as Al - Naraqi has discussed The study has come to the following findings : 1. Sheikh Al - Naraqi is one of these who follows transcendental wisdom school, which is based on the Koran and the proof and gratitude his philosophy is to complement the philosophy of Al - Mutalhean ( theologizes) 2. Sheikh Al - Naraqi has interpreted his own way about so many phenomena, and presented solutions to many of the problems that have been of controversy and dispute.
الملخص:
المصادر:

المصطلح الكلامي عند الامامية : دراسة وصفية == The Theological Term According To Imamia : A Descriptive Study

اسم المؤلف: يسرى علي مشفي الموسوي
اسم المشرف: سناء عليوي عبد السادة
الموضوع العام: العلوم الاسلامية
السنة: 2015
الموضوع الدقيق: علوم القران
الدرجة: دكتوراه
الجامعة: جامعة بغداد - كلية التربية ابن رشد للعلوم الانسانية
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The works of Imamia theologians on the theological concepts represent a huge product which indicates these scholars' care of the theological term and their preservation of the product of Ahlu Albait (peace be upon them) School. They left us a great heritage which cannot be overlooked; however, it would be a difficult task to consider it all. It would be more useful and practical to designate one aspect of that heritage and study it thoroughly. Thus, it was necessary to investigate the theological term as a basic prelude to the Islamic thought, which cannot be ignored as a condition to reach reliable scientific findings which are compatible with the great efforts of the scholars of Ahlu Albait School.The importance of the theological term urged the researcher to make scientific efforts to define and study the terms objectively. These efforts involved making a comprehensive inventory of Imamia theological terms, classifying these terms into fields which were studied in detail.Each term was defined linguistically and idiomatically taking into consideration the chronological treatment of the term as it revealed its authenticity and temporal value. Besides, the term was traced from its coinage throughout its development which gave us a chance to look closely at theology through its terms and be informed of the different views about that term. The development of the term and its meaning, in terms of the additions and changes it underwent in different ages, was also investigated for the sake of a clear understanding of the theological terms which serve as the key path to theology.The study faced many difficulties such as the multiplicity of concepts a scholar assigned for a term and the long time span the study covered, i.e., from the coinage time of the term throughout the development which extends to centuries, which required collecting resources and understanding them in terms of the time of their writing. The study falls into three chapters preceded by a preface and an introduction and followed by an appendix of terms and a conclusion as well as a bibliography.The first chapter is entitled "Terms of Judgments and Substances". It consists of two sections : the first section deals with terms of substance judgments while the second section deals with terms of substance descriptions.The second chapter is entitled "Terms of Accident Types ". It consists of two sections : the first section deals with terms of accident types while the second section deals with terms of accident cases. The third chapter is entitled ''Terms of Sciences and Beliefs". It consists of two sections : the first section deals with terms of science while the second section deals with terms of beliefs
الملخص:
المصادر:

ظاهرة الرق في ضوء علم الاديان المقارن == The Phenomenon Of Slavery In View Of Comparative Theology

اسم المؤلف: نصير كريم كاظم الساعدي
اسم المشرف: سلامة حسين كاظم الموسوي
الموضوع العام: العلوم الاسلامية
السنة: 2015
الموضوع الدقيق: اديان
الدرجة: دكتوراه
الجامعة: جامعة بغداد - كلية التربية ابن رشد للعلوم الانسانية
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The study included preliminary Study and five chapters and a conclusion.The section in which the primer has thrown light on the title, and included the first two axes : determine which dealt with the phenomenon of slavery relationship with the knowledge of the meeting, and second, to determine the concept of slavery.And Chapter I dealt with the historical roots of slavery under slavery in the title of civilizations, and included a study of civilizations that have embraced the religions under study.And Chapter II have been faithful to the study of slavery in the Jewish religion, and contains the first three sections for historical slavery in Jewish philosophy and the second on the texts of slavery, and third sources and the conditions of the slave.The third chapter was about slavery in Christianity and included three sections followed the same methodology in the Jewish quarter.The fourth quarter was about slavery in Islam, and complied with the previous chapters the same methodology.The fifth chapter : for comparison among the three religions, to stop the shared vision between religions and the position of this phenomenonAt the conclusion of each end of the trip, and after such a long journey in which the steps converged in ancient civilizations, and major religions, show us some of the issues : 1. It turns out that the phenomenon of slavery characterized by large importance, most of the evidence presented Humanities if not all to study this phenomenon.2. The social phenomenon of slavery, deal with the debt problem needs to be solved, embarking its provisions, conditions and systems, and to develop them to their emancipation laws.3. through the study of civilizations in which originated the three religions, shows that the phenomenon of slavery is rooted in history, is an integral part of the structure of those communities, and that the slave was an active role in the prosperity of those civilizations or collapse.4. The Mesopotamia first civilizations of the world legislation to thin, and on the shoulders of the slave erected edifices pyramids in Egypt, and Greek philosophers Velsvo slavery through divided humans into free and slave, the Roman fondness wars is what made them more world civilizations acquisition of slaves, and nose Bedouin Arab from craftmanship and his overbearing, paid for the acquisition of a slave.5. faced religions slave problem : - The Jewish people, the first victims of slavery, and then pushed the doctrine of God's chosen people, ethnic and excellence, and their texts, to accept slavery others. - The large number of texts and legislation of the phenomenon of slavery, the most important features of the Jewish religion, there is no religion in it matched. - Racism accompanied the legislation to distinguish between the Hebrew slaves from foreign, and reflected on his treatment. - Born Christian of Jewish womb, and did not stray too far reported in ) he was a Jew, did not?the area of legislation, and declared Jesus ( come to abolish the law, Vetohd their position with the Jewish position of the slave phenomenon, Fajla New Testament of the legislation of the thin, having Kvahm Old Testament subsistence so. - Paul was to enter Christianity, and the emergence of the church, the greatest impact on Christianity to accept slavery, which because of them turned to the Christian religion believes in slavery, yet that was the religion of ethics and equality. - Rejection of the population of the Arabian Peninsula, and neighboring nations to invite the Prophet Muhammad (), dye the history of Islam defensive wars, which produced the problem of prisoners and exiles, this problem which needed of the Prophet legislation her, Vvady some of them and the others, and eavesdrop captivity, and fought caliphs ( Radwan God be upon them), and no Muslim rule after them, the Islamic conquest battles, and produced the prisoners and captives of the fate of slavery, and differed Mvkroa Islam in the cause of passport enslaved captive between reliance on the biography of the Prophet (), and between the treatment of the enemies of Islam similarly. - Islam followed in the liberation of the slave style staging, for fear of the collapse of the state system in the case and sent them away at once. - Did not appear in the Qur'an any express provision allows slavery, and all what is listed as texts begin their sentences for them and regulate their conditions, and to let the gentle in their treatment, and encourage Atgahm.God Almighty and ask to make us among those who said : Cliques : 18, and Praise be to Allah, Lord of the Worlds, prayer and peace be upon the best creation of Abu al - Qasim Muhammad, The God of the good and virtuous
الملخص:
المصادر:

محمد بن عبد القادر الرازي مفسرا في كتابه من غرائب اي التنزيل == Muhammad Bin Abd Al - Qader Al - Razi Explains In His Book Of The Marvels Of The Ibm Download

اسم المؤلف: ميسون فخري عبود محمد الحساني
اسم المشرف: ضياء حميد دهش الموسوي
الموضوع العام: العلوم الاسلامية
السنة: 2015
الموضوع الدقيق: التفسير
الدرجة: ماجستير
الجامعة: جامعة بغداد
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: I've been in my life, the school is eager to study the Koran reviewing from time to time other interpretations fence and certain states in the faserna famous then moved to my professional life teaching the Arabic language has been presented at the first meeting between me and Prof. Dr. Zia Hamid my idea and my desire to be the subject of my master's tread theme combines Koran in Arabic and so my love and my passion for them since childhood and in order to highlight the role of the Arabic language, as in the Koran I am pleased that when welcomed Prof. this idea I chose the subject of my letter titled Muhammad bin Abu BakIr Abdel - Qaderal - Razi explained in his book is an oddity of the verses of the download. As such the subject of neighborhoods and contact book of God after the boot, which dealt with the era of Al - Razi of political, social and cultural aspects, has been divided into four chapters of my first talked about some scientists who nicknamed Balraza.The second was for his biography (lineage and surname and his contemporaries and his works) and finally talked about his death in detail.The second chapter and put his book and its sources and divided the title into three sections First research which studied the overall picture of the book Razi The second was the most important sources of interpretation and references that adopted by Razi in his book of people and fired upon the sources of people came third section entitled sources of books and divided into written language and interpretation and modern poetry.In the third chapter Razi detailed curriculum studied in the interpretation of the verses of the Koran and made in four sections : The first topic, the interpretation of Qur'an by the Qur'an.The second topic, the interpretation of the Hadith Sharif.The third topic, the interpretation of the Koran in the way.Section four, interpretation of the Koran by citing and hair.The fourth chapter has made him a balance between Al - Razi and age and which dealt with a brief on the life of Al - Khatib and his age crowns statement and chose thirty model Conclusion and then came the most important conclusions, and recommendations.
الملخص:
المصادر:

النزاهـة ودلالاتها في القران الكريـم == The Impartiality And Its Indications At The Holy Qur'an

اسم المؤلف: قحطان نعمـة حســن الصحاف
اسم المشرف: سعد محمد حسن
الموضوع العام: العلوم الاسلامية
السنة: 2015
الموضوع الدقيق: علوم القران
الدرجة: دكتوراه
الجامعة: جامعة بغداد - كلية التربية ابن رشد للعلوم الانسانية
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: After this strenuous fun trip, being strenuous, because I am the only in this topic which was not written by anyone before me so I had to find a plan and sources suits the subject despite of its complexity and expansion of subject, and being interesting because it relates to the book of Allaah, may be glorified and exalted, is nicer than that derived from the holy Quran and to connect the meanings of the words with each other and informed by the high values which teem with the Holy Book, as this study reached the end, I must identify key points of the study with updates that I stood on them, most notably the following;1 - Integrity means distance from the bad, vile and cleanse the soul and depart from evil. They are two - dimensional, the first sensory and latest moral, this study has meant both.2 - Holy Quran sometimes refers to words that are synonymous with integrity towards the integrity ,and that apart from the Holy Quran from the word integrity but expressed its synonym vocabulary and with attitudes refer to it.. 3 - A search on the subject the integrity in justice, governance and justice, there is a close link between these concepts, the latter two concepts are based on the first, otherwise the sentence and justice have only authoritarian image, so the holy Quran emphasizes on justice and recognizes it by sending prophets : (We have sent Our Messengers with proofs, and sent them with the Book and the Scales, so that people might establish the Scale (of justice). (Al - Hadeed : 25) and honesty is the justice ,the first purpose , of God to send his prophets, Islam has sought to establish social relations on the rules and basis of justice and integrity compose while individuals evolving promotes to others by the amount of works done by others and benefit of the community as do. 4 - In the area of governance the holy Qur'an focuses on the consultation principle as God said, (Take counsel with them in the matter) Imran : 159, and (their affairs are by consultation) Shura : 38 because in Islam is an issued legislation of God to regulate human life, and the legislation contained in the Quran it is necessitated by the judgment as God said (Therefore, give judgment among them in accordance to what Allah has sent down) - Al Ma'ida : 48 The policy of Government in Islam based on conscience and on the basis of legislation, based on the base that God is present in each moment with the ruler and the ruled, and the supervisor on this and that, the Governor should be correct when direct the people , the study included a range of specification of honest Governor who fears Allaah with his behavior, and is the basic link between previous topic (Justice) and the next (governance), and hence the value of integrity existed , because the fear of God is guarantee but not legislation alone which can be defrauded. 5 - The study examined the integrity of the judiciary, and was mentioned in the holy Quran as God said (So decide upon whatever you decide) Surah Taha 72, showed the expansion of holy Quran in the use of the word, and from this ,section of rivalry between two disputing parties, the study showed that the judiciary linked to justice, and if it is fitted the justice spread and if it mangled disappeared and the study confirmed that the integrity associated with the judiciary in Quran, and has featured in all the verses to governance is the inspiration of God because they are associated with his prophets and what he saw of them of strips and chastity and justice in Government.6 - In the area of money the study examined its resources, achieving integrity in such resources as, charity, abscess, and the tribute, , and not the aim of the study is to consider the legality of such resources and wisdom of it and its types - and the researcher mentioned it - that the subjects being discussed more in the area of jurisprudence, but the goal is to show the integrity in spending these resources, so the researcher dealt the subject of (Control over public money) in research and study of the control of money has clear effect in integrity subject, indicating that this control mentioned in Qur'anic texts, and that the Prophet - peace be upon him - was first enacted in Islam and practiced in the markets and monitoring the workers for an extracted and spending, and control has follow - up organs such as the mandate of the monitoring, the mandate of preventing injustices. 7 - The study met the study of Bayt Al - Maal, and after talking about its priorities and actions, sources, spending and its importance in social life, and integrity targeted two aspects : one of it its resources and spending , and in the integrity of the custodians of it, as God said ( Prosperous are those who preserve their trusts and pledges) Surratt Al - Mu'minun : 8)8 - The study turning to integrity in earning and spending, and controller of earning is in the contracts of sale and leasing, and giveaway, speculation, etc. For spending has conditions in the perspective of the holy Quran, has already been mentioned in its place, and then followed this subject and talking about integrity in spending public money, especially considering the interest, one of the most important management controls on money and preventing exploitation of public money are bad, about this subject with integrity of the operators of the expenditure, as noted by the study as well as the integrity of keeping money, and maintain it is integrity itself.9 - In the area of social relationships, a wider field of research to relation to the lives of people from the human soul and to the relations between Nations, the study noted that a Quran conversation about the soul and its types, and the holy verses that mentioned each type of it but the aim is to purify and refine the soul of sins, and ways of achieving this fairness lies in practical worship as prayer, fasting, Zakat and Hajj, all worship is to cleanse this soul, and recommend them to the worship of God.10 - The study then indicated to the subject of family, its composition, social function, domestic dealing, immunization of Islam's family and his organization to make it a good example, as god said (Those who say : 'Lord give us of our wives and children what pleases our eyes and make us leaders to the faithful) Surratt Al - Furqan : 74, defining responsibilities, and clean links between their members, and their functions in the education of their children and the impact of values of faith in education, represent the constitution of the family, and from the moral values exist to their member and their integrity, and then the study spoke on parental responsibilities and duties of the sons and the family relationship with the community in the light of the Qur'an direction that refers to the spirit of fraternity and equality in human dignity, and the rejection of superiority and arrogance and build relationships based on justice , mercy, cooperation and compassion.11 - The study also addressed the integrity in the sale and purchase, which is subject to the interaction between people, the holy Quran called (trade) as god said (Unless it is present merchandise that you circulate between you; then no guilt shall be on you if you do not write it down) and God called sale word in the Aya (and take witnesses when you are selling) and researcher follow - up the place of integrity in the sale and purchase and holy Quran indicating for allowing the sales and the prohibition of usury, and decreasing the balance and Islam, having warned of the development money by manipulation and fraud, because the funds arising from the manipulation and fraud are unlawful funds must be returned to their owner.12 - From the topics addressed by the research and following its impact on the development integrity of the social solidarity, and the word of solidarity, is not strange in its use were noted in the Quran and on which we know it today, is intended to support and ensure that the living, and research explained the idea of solidarity is the creations of Islamic thought and innovation based on the fact that the Islamic nation is single unit complement each other and push each other some damage that, as God said (Indeed, this nation of yours is one nation, and I am Your Lord, therefore worship Me). Al - 'Anbiya : 92', and the that the Prophet is the first who enacted this principle while he equalized between immigrants and supporters, and Islam never look to solidarity, with narrow thought , but his view is human and comprehensive to include different human races in help and lend a hand and give back to the brothers in humanity and solidarity, the value of the highest values of Islam, it was produced by creed and religious scruples, to ensure and protect the needy live with this deterrent was the solidarity of high integrity.
الملخص:
المصادر:

عقيدة اليهود في تفسير الامثل للشيرازي : دراسة تاصيلية == The Doctrine Of Jews In Al - Alsherazi Tafseeralamthal

اسم المؤلف: فلاح صبحي جبير عياش
اسم المشرف: عامر عبد الامير حاتم الجبوري
الموضوع العام: العلوم الاسلامية
السنة: 2015
الموضوع الدقيق: اديان
الدرجة: ماجستير
الجامعة: جامعة بغداد - كلية التربية ابن رشد للعلوم الانسانية
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The doctrine is the first thing that is demanded from the believer and on the religion is built.It is the first and the last matter.It is the base of the deeds.The other matters are based on itand belong to it.Thus the good deeds are conditioned by good belief.Quran course gives great interest in reform the doctrine, deep its roots, liberate it from the falseness of freeze and purify it from illusions and suspicions in order to make the good doctrine the start for reform all the life aspects where the importance of the doctrine emerge in the people life for its great influence in changing the matters of life. It is the onlyWay tosave the people and the countries.Thus Imams ( P B U T) called the doctrine ( The great jurisprudence).This matter necessitate Moslems needs to learn Jewish doctrines as they are the first enemy of Moslemsas wisdom said ( know your enemy).Also what we see the injustice from the followers of other religions to misbelief of this great religion and legislation. Thus I said write may the people see the truth that was hidden from their eyes or was absent because of they gone away from the resource of the faith. And to achieve the victory on their enemy they have to see some matters : the most important methods to face the enemies are to learn their languages , believes and traditions.The Jewish traditions specially they are the enemies of Muslims in all ages.Through this study the researcher reaches to several results and recommendations : The results 1 - The unification doctrine is one of the basis of Musa religion as the same as other prophets that came before and after him. But Israel people did not keep this unification believe and they biased from it , change and altered in it.This doctrine does not keep its purity as when Musa called for it.2 - The Jewish disbelief in God and worship the idols and gods of other nations.They biased in the idea of godhead and incarnation of God and describe it with defects.3 - Jewish disbelief in prophets and make ill manners on Musa and Huron and on our prophet ( P B U H ).They attribute to them disbelief matters.4 - Jewish disbelief in judgment day and make it political day in which they judge other nations instead of God judgment.Jewish doctrine based on racist discrimination.Its followers see that they are the chosen people of Allah and other people are animals created in human images in order to deal with them in easy way and to be savants to them ,taking the evidences from their false Torah and from Talmud a tool in the pontiffs hands.6 - TafseerAlamthalbyShiekh Nasser Mkarim Al - sherazi is an encyclopedia for scholars.It never let any aspect of knowledge unless it gives explanation.It is one of the Interpretations that was written in modern style.It never forget to these suspicions of Islam enemies.Thus it has great interests of scholars and readers.It was published several times in several languages.It is considered a summary of my Interpretation books from all thinking schools.7 - Al - sherazi proof of Jewishfalsification of Torah and it is real in meaning in terms.Recommendations1 - Make studies in doctrine and explain it to the people because of its importance in world and in the last world2 - Depending on Quran and right prophetic tradition concerned the Prophets stories 3 - Purify history books from Israeli falsifications4 - I also hope that this research becomes the beginning of other research such as : A - Conclude Jewish traditions from Hadith and Interpretations books.B The extent of Jewish commit with traditions in their holy books
الملخص:
المصادر:

مفهوم حرية الراي والفكر في الديانتين اليهودية والاسلام

اسم المؤلف: ضمياء مهدي شكر
اسم المشرف: هاجر دوير حاشوش
الموضوع العام: العلوم الاسلامية
السنة: 2015
الموضوع الدقيق: اديان
الدرجة: ماجستير
الجامعة: جامعة بغداد - كلية التربية ابن رشد للعلوم الانسانية
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
الملخص:
المصادر:

مفهوم المفاضلة في الفكر الاسلامي : دراسة تاصيلية == The Concept Differentiation In Islamic Thought (Rooting Study)

اسم المؤلف: شيماء فلاح ابراهيم
اسم المشرف: انس عصام اسماعيل الزيدي
الموضوع العام: العلوم الاسلامية
السنة: 2015
الموضوع الدقيق: الفكر الاسلامي
الدرجة: ماجستير
الجامعة: جامعة بغداد
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Through the foregoing it is clear that the subject of trade - offs in the Muslim community of the important issues that elevate society to refineries safe and stable psychologically and morally communities , have been important results of the research can be summarized as the following points : 1. The trade - off notice to excellence , and serve to raise the spirit of competition in humans in possession of the highest scores.2. There are concepts and principles related to the differentiation and Related directly or indirectly , such as justice and injustice , equality and racism , and arrogance and humility.3. differentiation requires the presence of abounding because it is located , and do not require shortage always take priority , but it can be take priority in certain qualities better than in other virtuous.4. difference where genetic factors and that have been obtained through work and effort.5. Lord of the degree of differentiation between humans different from what it is in human beings, and human beings measuring materials include minimum percentages, color and social status, and the measure of the Lord shall be piety and faith and good deeds caused by Islam.6 prophets who are the best of creation is characterized with each other, and the best of them the Prophet Muhammad.7. better people after the prophets and companions and all House ?, it is best to follow all the apostles, and they also discrimination with each other, and the best of the caliphs Abu Bakr, Omar and Othman and Ali (God bless them) and arranged discrimination in succession.8. believers excellence in the field of business and the balance of differentiation when God is piety.9. things that equated Islamic law between women and men are : in terms of gender, human rights, and the work area, and death worldly and eschatological, while the issues that distinguish : guardianship, and issues of inheritance and testimony, and the economic burden, state, and Islamic Jihad, and some religious and costs.10. Nations and religions divide people on the color of the addresses and other material foundation and the basis of ethnic, religious and sectarian past.11. piety intended to be within the scope of differentiation has multiple meanings and that summed up all the meanings of Islam.12. necessary to prepare numbers of individuals physically, mentally and morally through the teachings of Islam in order to establish an Islamic society distinct.Thus, each beginning of the end , and the good work best at the end, and better speak little and beneficial , and after this modest effort I hope I have succeeded listed in the above method is not boring or shortening , and this is with the help of God AlmightyAnd God bless our Prophet Muhammad and his family and peace and recognition of a lot.
الملخص:
المصادر:

محمد بن علي بن ابراهيم الاسترابادي (ت 1028هـ) ومنهجه في تفسيره لايات الاحكام

اسم المؤلف: شروق نجاح مشكور حسين العبودي
اسم المشرف: طه سبتي ابراهيم
الموضوع العام: العلوم الاسلامية
السنة: 2015
الموضوع الدقيق: علوم القران
الدرجة: دكتوراه
الجامعة: جامعة بغداد - كلية التربية ابن رشد للعلوم الانسانية
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Thankfully worthy of praise , prayer and peace be upon the banner of the glory of our Lord and holder of our Prophet Muhammad and his family and companions.. and after : The best science Science Koran ; for attachment to the book of Allah, the Mighty miraculous Arab Blghae , which was challenged by the jinn and mankind to come in kind, even if they for some hinterland for this have wished studying interpreting verses provisions As is well known, it is of the topics that researchers have expanded and multiplied the studies So I took the Investigation and the search for personal interpreted the verses of the provisions have not been studied previously , and he signed an optional book ( interpretation of the verses of provisions ) to the world Jalil Mohammed bin Ali bin Ibrahim al - Istrabadi (d. 1028 AH ) , Explaining his approach and his conduct in his book On the one hand sources Adopted by , and his style of interpreting scripture , which was apparent in it influenced the curriculum because of the news devoted Istrabadi talking and his men , and the fact that the era in which he lived is an era Akhbaris.It was my plan in the search divided into three chapters were as follows : Chapter I : Definition author and interpreted , which is on three topics : First topic : Definition author.The second topic : the definition and interpretation of the verses of the provisions.Section III : definition and interpretation method.Chapter II : Sources adopted in its interpretation that , which is on six topics : First topic : the sources of the interpretations of the public.The second topic : the sources of interpretations Imami.The third topic : the sources of modern public books.Section IV : sources of modern Imami books.Section V : sources of jurisprudence books.Section VI : sources in the language.Extension Chapter II : sources of other books.Chapter III : his method of interpreting the verses of the provisions , which is on three topics : First topic : his method of interpreting the Koran Mathur.The second topic : his method of interpretation of the Koran based on the Koran Investigation Sciences.The third topic : his method of interpretation of the Koran based on the Arabic language.The fourth topic : his approach in doctrinal matters.The conclusion I mentioned the most prominent findingsIt was systematic in the dissertation as follows : 0.1 offered words of Istrabadi between quotation brackets , and made my comment on his words afterBraces , if needed to do so.0.2 out effects of the sayings of the Prophet peace be upon him and his family , and the sayings of Ahl al - Bayt ), peace be upon them (And the sayings of the prophet ) , God bless them ( and the sayings of followers ) God have mercy on them ( not to mentionNo impact or talk.Some of the effects of Khrjtha written explanation impact of the non - existence in the modern books.4. balanced between sources adopted Istrabadi that Vksmtha books and public Imami.0.5 examples offered each book or subject cited, according to the things that he took, for example, thatTaken from the book in a matter of interpretation of the language, or readings, or novel, or reasons to get off...Etc. offered one example of each issue, and then commented on it if necessary to do so.0.6 proceeded in some cases to clarify the issue of Obhmt somewhat, after consulting FawdanhaTo the original books.0.7 got there to repeat some examples because the Union home witness. 0.8 varied classes and thesis Mbagesha in terms of the number of pages by subject requirementsAnd his studies.
الملخص:
المصادر:

مرويات محمد بن مسلم الثقفي في اصــول الكافي : دراسة تحليلية == Muhammed Bin Muslim'S Accounts In Usool Il Kafi An Analytic Study

اسم المؤلف: سميرة فاضل عباس
اسم المشرف: نضال حنش شبار الساعدي
الموضوع العام: العلوم الاسلامية
السنة: 2015
الموضوع الدقيق: علوم القران
الدرجة: ماجستير
الجامعة: جامعة بغداد - كلية التربية ابن رشد للعلوم الانسانية
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: In order to abide by the limits of the research, the methodology of this research depends on the Hadiths of the Prophet Muhammed and Ahlulbait (Peace Be Upon Them) narrated by way of Muhammed bin Muslim, as mentioned by Al - Kulaini in his book Al - Kafi. These Hadithsinclude the body of the account and the series of narrators as cited in Al - Kulaini's Al - Kafi. Narrators are discussed by their names or surnames.Then some of the narrator's teachers and pupils are defined. The series of narrators and the opinions of scholars as well as the uncommon words are also discussed. The uncommon words complement the meaning of the account, the Fiqh rulings and practical benefits which can be inferred from the text of the account.The research is divided as follows : IntroductionChapter One : Muhammed bin Muslim's Accounts of Monotheism and JusticePart One : Muhammed bin Muslim's Accounts of MonotheismThis part involves seven sections : Section One : Al - Nisba (Relation)Section Two : Denying the HowSection Three : The Attributes of Allah's SelfSection Four : Other points related to Section OneSection Five : Will As an attribute of ActionSection Six : The Bada'aSection Seven : Good and EvilPart Two : Muhammed bin Muslim's Accounts of JusticeThis part involves one section : Blasphemy with Tawba Does Not Invalidate A DeedChapter Two : Muhammed bin Muslim's Accounts of Al - HujjahPart One : Muhammed bin Muslim's Accounts of ProphethoodThis part involves five sections : Section One : HumilitySection Two : SuspicionSection Three : Devilish Insinuation and Talking to OneselfSection Four : Mentioning the Names of prophet Muhammed and Ahlulbait (Peace Be Upon Them)Section Five : Supplication to Dispell Grief, Worry, Sadness and FearPart Two : Muhammed bin Muslim's Accounts of ImamateThis paert involves eight sections : Section One : Knowing the Imam and Seeking Knowledge from HimSection Two : The Imams, Who Are Called "Ahlul - Thiqr" in the Holy Quran, Are the ones Allah Ordered People to AskSection Three : The Ones Who Are Called "Al - Mutawassimeen" in the Holy Quran Are The ImamsSection Four : The Imams Are the Inheritors of Knowledge, Inheriting Knowledge from Each OtherSection Five : The Nomination of the Imams by Allah and the ProphetSection Six : Rare Accounts of Al - Ghaiba (Disappearance of Imam Al - Mahdi)Section Seven : The One Who Claims to be an Imam, the One who wrongs the Imams, or Some of Them, and the One Who Considers Incompetent Persons As ImamsSection Eight : All the Right is Taken from the Imams, and All Knowledge Not Taken from Them is IllegitimateChapter Three : Muhammed bin Muslim's Accounts of Ma'adPart One : Muhammed bin Muslim's Accounts of Ma'ad This part involves one section : Mentioning the names of Muhammed and Ahlulbait (Peace Be Upon Them)Part Two : Ma'ad - related AccountsThis part involves three sections : Section One : Dispraising Worldly Life and AsceticismSection Two : Hurrying to Do GoodSection Three : Equity and JusticeThe research ends with Conclusions summarizing the most important results found out. Then a list of Sources and References is provided.
الملخص:
المصادر:

مشكلات المراة العراقية في ضوء الفكر الاسلامي من 2003 حتى 2013 == Iraqi Women Problems In View Of Islamic Thought From 2003 To 2013

اسم المؤلف: زهراء حسين عبد الحسيني
اسم المشرف: ندى فيصل فهد
الموضوع العام: العلوم الاسلامية
السنة: 2015
الموضوع الدقيق: الفكر الاسلامي
الدرجة: ماجستير
الجامعة: جامعة بغداد
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The research tagged : "Iraqi women problems in the Islamic thought from 2003 to 2013," in which highlighted the Iraqi problems of women in which they represent half of the society and the mother of other half as these problems are not related to women only, but shed a threat to social entity and put it in front of the immediate and future challenges, their effects do not lies on women only but also lies on their children and families, it has taken the problems faced by Iraqi women to worsen in the current phase, and is the cause of these problems, which is the status quo because of the wars and the deteriorating security situation and the spread of violence in the community and increase the danger day after day and the presence of a large opening between Iraq and betweencommunities openness bad and not positive, and showed the message that social pressure on Iraqi women may be old pressures because of the former regime's policy but still bullish on the social level, while some appeared on the surface after arent the security situation in Iraq, as economic conditions have affected the status of Iraqi women and leave the psychological repercussions bad that limited the practice of Iraqi women for their role in society and the enjoyment of their rights, and came this letter to clarify many of the misconceptions about the image of women in Islamic eras thriving, and take advantage of the Islamic religion to develop treatments for these problems and to correct the notion that Islam factors which led to the deterioration of the situation of Muslim women.
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المنهج الاشاري في تفسيري روح البيان للبروسوي (ت1127هـ) وبيان السعادة للجنابذي (ت1327هـ) : دراسة تطبيقية == Curriculum Indicative In The Interpretation Of The Spirit Of The Statement Of Brusoa (1127) And A Statement Of Happiness Jnabve (1327)

اسم المؤلف: رافد عبد الكاظم سالم منصور
اسم المشرف: طه سبتي ابراهيم
الموضوع العام: العلوم الاسلامية
السنة: 2015
الموضوع الدقيق: علوم القران
الدرجة: دكتوراه
الجامعة: جامعة بغداد - كلية التربية ابن رشد للعلوم الانسانية
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Praise be to Allah, and Allah bless our Prophet Muhammad and The God of the good and virtuous and his companions Almentajabin.After : I've resolved after depending on God, to be over the research in an explanatory (the spirit of the statement in the interpretation of the Koran) Sheikh Albrusoa (T 1127 e), and the interpretation of (statement of happiness in the shrines of worship) Sultan Muhammad Ganabve (T. 1327), as it will be over the search in which the curriculum indicative Andahma and study applied study, and I know that I hold myself more of their energy in this selection, which prompted me to choose this subject that Islamic library lacks such studies, as well as this has not been studied approach indicative Andahma, increasing this to interpret Ganabve did not study at all, which made me In order to show that this interpretation of the veil and reveal himAs for the divisions of the thesis has included four chapters and an introduction, the first chapter for him (definition of authors and their interpretation) and dividing it by the three sections The second chapter allocated to (approach commentators indicative of interpretation) and included three sections.The third specialization (b Empirical Study in common references cited by Mufsran) and included three sections.The fourth specialization (b Empirical Study in the common signals between Mufsran - Sura Onmozja - ) and included three sections.And after the search ended conclusion that included the most important findings of the mismatch : - The environment in which he grew Albrusoa Ganabve largest in building character, particularly the religious side effect, as it was evident in their compositions. - Anmaz Sheikh Albrusoa in the large number of his works, as it was in motion, encyclopedic culture interpretation, ethics and literature, the number of his works has reached more than one hundred and six books, as well as Sheikh Ganabve but he did not reach his works to the extent that reached Albrusoa. - Was not indicative of the new curriculum approach, but we found an ancient roots extended to the time of the Messenger of Allah. - Noted in his commentary on Albrusoa indicative of who provided the introduction, was not referring emitted from the same, but Ganabve signals mentioned in his interpretation is emitted from the same. - The number of signals that have been counted in the spirit of the statement has been reached (292), but in the interpretation of the statement of Happiness (151) signal. - Anmaz interpretation of the spirit of the statement in abundance studies taken and extracted from it, and the interpretation of the statement of happiness did not study any side of it, so I suggest a number of studies Perhaps science students virtually untouched by, including : the study of the Koran Sciences said in a statement happiness, and the study of linguistic and rhetorical aspects, as well as the achievement and graduation novels that came in it and presented for discussion. - And Praise be to Allah, the Lord of the Worlds.
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الاحكام المتعلقة بالدين في فقه الجنايات والحدود

اسم المؤلف: حنان محمد طه
اسم المشرف: سعيد رديني المشهداني
الموضوع العام: العلوم الاسلامية
السنة: 2015
الموضوع الدقيق: الفقه
الدرجة: ماجستير
الجامعة: جامعة بغداد
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
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الفقه المقارن في كتاب جامع الخلاف والوفاق للشيخ علي القمي السبزواري == Comparative Jurisprudence In The Book Of Jamaa Alkhilaf And Alwiffaq For Al - Shaykh Ali Al - Qumi Al - Bizwari

اسم المؤلف: حنان جاسب محمد بلكت الكناني
اسم المشرف: شهرزاد عبد الكريم توفيق النعيمي
الموضوع العام: العلوم الاسلامية
السنة: 2015
الموضوع الدقيق: الفقه المقارن
الدرجة: دكتوراه
الجامعة: جامعة بغداد - كلية التربية ابن رشد للعلوم الانسانية
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Peace upon our Messenger ( Mohammed) , Two years I have delved into jurisprudence books where I have dealt with opinions of jurisprudents and Islamic doctrines ;dissertation has been studied on basis of collecting jurisprudence opinions for these Islamic Sects with mentioning evidence for every sect and making comparison opinions and evidences for choosing the best one with strong evidence. This has been done through preferring one of jurisprudence opinion along with mentioning the evidence they have.The most important results the researcher has reached to after passing two years of writing this dissertation lie in the fact saying that most jurisprudence matters have been asymmetric and there has not been dispute, even if there have been disputes, it lie not in the essential matters but rather in sub - matters. Reasons behind that lying in their dependence on Quran and Messenger's instructions. The outward disputes happened as a result of sub - matters disagreement where the jurisprudents got different upon them in respect to utterances having many different meanings even the matter of consensus.If there have been not evidences in legislative references ,they would have got to the sub - references. The researcher has tried to bring forth the matters that deal with ((Imamah)), where most sects have agreed on this conception as that happened in most jurisprudent matters amounted 150 matters ;we have found ( IMAMAINS) agreed either ( AL - HANAFIYAH or AL - SHAFA'IYAH OR Al - MALIKIYAH or AL - HANBALIYAH, or DHAHIRIYAH or AL - ABADHIYAH OR AL - ZAYDIYAH and others).In Many jurisprudent matters the Islamic sects and IMAMIYAH Matters have not opposed to each other , but rather they agreed on these matters. The remaining Islamic Sects have disagreed only on ( 8) jurisprudent matters. Al - IMAMI Sect has hugely depended on what the jurisprudents depended on, but despite the outward disagreement lying among the jurisprudents, we find that their main purpose has been the Islamic Unity as to unify the word to stand against the Islam enemies.The researcher's main purpose in writing the current dissertation lies in getting close among these Islamic Doctrines as to get to showing to what extent they have agreed on jurisprudence matters since Allah considered the only the worshipped) , his prophet ( Mohammed ) ( peace upon him and on his family) is the only messenger.The miserable conditions ( sufferings , agonies) our country passes through as to tear its unity , security and Islamic Core , thus this dissertation shows agreement among the Islamic doctrines as to spiritually raise spiritual aspects within Islamic nations as Allah says in his Quran "" Preparing against them of what strength you have by which you could terrorize the Enemy of Allah and Your Enemy"" ( Surah Al - Anfal)(60)Thus, the unity is considered as the basic one among the Muslims as to discard the sectarian and calling for clutching with the Book of Allah ( Quran), his prophet's instructions and his family).Allah Says in his Book ( Quran)"" We have also made you as a middle nation as to be witnesses over people and the messenger would be as a witness on You""( Surah Al - Baqara= P.143.Before conclusion , I appraise and provoke Allah to grant us a virtue in this world and hereafter as Allah Says "" Our Allah gives us a virtue in this life and hereafter and guard us from Fire"" Surah Al - Baqara - p.201.This is the fruitlessness of writing this dissertation for two sequent years and my start point lie in What Allah says ""Allah does not bear a human over his own capacity for what he ( human) acquires and of what he has been acquired, our Allah not to blame us if we forget or commit mistake , our Allah not to bear us with huge burden as that laid on those who before us , our Allah not to bear over our own capacity , forgive us and have a mercy upon us , You are our dominator , gives us a victory on the disbelievers" Baqarah ( 285 - 286)Finally , I say peace upon our messenger and on his family, on his good colleagues
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المنهج الاجتماعي في تفسير من هدى القران (للسيد محمد تقي المدرسي)

اسم المؤلف: حسن محمود شكر
اسم المشرف: سناء عليوي عبد السادة
الموضوع العام: العلوم الاسلامية
السنة: 2015
الموضوع الدقيق: العلوم الاسلامية
الدرجة: دكتوراه
الجامعة: جامعة بغداد - كلية التربية ابن رشد للعلوم الانسانية
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
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التكافؤ الانساني بالقيمة في الفكر الاسلامي == College Of Education For Females/ Department Of Koran

اسم المؤلف: تمارا ممتاز حسين محمد
اسم المشرف: ندى فيصل فهد
الموضوع العام: العلوم الاسلامية
السنة: 2015
الموضوع الدقيق: الفكر الاسلامي
الدرجة: ماجستير
الجامعة: جامعة بغداد
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Human values are the most important concepts that the interest of society has to relay on these conceptual values. Any society will not be stabilized unless adheres to the right principles and values, all nations need such principles and values to stabilize.If any society doesn’t implement the human values that monotheistic religions urges equality between human, the far the society from the religious principles, the less there would be valence between human. The valence is urgent necessity in the current time. The far people get away from values and principles, the more they lose their freedom and dignity, therefore individual has to live with dignity and respect through the adherence to these values and principles. Apparently, equality between people is a reflection of justice. Therefore, justice would make life of society gets straight and put everything in the right place, that means respecting the right of others and comply with the laws so that people can live in security. Both development and progressive go on line with justice. The more justice prevails, the more people believe and convictions are related to sincere and hard work, and there would be more development in the society. Such society would calls for harmonization and obedience. It is possible to fulfill human valence in all aspects of life such as social life, political, economic, education, and religion. If and only if every individual has a commitment to higher value that would ennoble him/her to higher positions. It is also the implementation of the principles of Islamic Sharia which implies equality between human kinds. Islamic religion command and urges justice, it is also defined the rules and methods of the way that humanity would follow as well as the believer. Such believer has to comply with the principles of Islamic religion.
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مرويات الاصــبغ بن نباتــه في الكافي والتهذيــب : دراسة وتحليل == Al - Asbagh Bin Nabatah In His Book Alkafi Altahtheeb Study And Analysis

اسم المؤلف: بشرى حمود رحيمه
اسم المشرف: عقيل رزاق نعمان الموسوي
الموضوع العام: العلوم الاسلامية
السنة: 2015
الموضوع الدقيق: علوم القران
الدرجة: ماجستير
الجامعة: جامعة بغداد - كلية التربية ابن رشد للعلوم الانسانية
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: BY God's favors and His unfathomed mercy, I have accomplished my thesis challenging all difficult conditions through which I pass and financial hardships for achieving and fulfilling my ambition. I have started learning from illiteracy eradication due to my desires and ambitions to learn. The current paper includes preface, three chapters and conclusion. The preface includes five units : 1st unit : his name, his kin ,his surname and his birth.2nd unit : His properties , his prestige and his favors3rd unit : his death 4th unit : His Shakes and his narrators. 5th unit : who do narrate about him? The 1st chapter comes under the title of Narrations of "Al - Asbagh" and it comes with two researches : 1st research : His narrations in worshipping and it includes 5 units 1st unit : preferability of great mosque in Kufa.2nd unit : Times of prayers.3rdunit : It includes how to pray.4th unit : Judgment of absent - minded.5th unit : Preferable places in Kufa. 2nd research; Narrations of " Al - Asbagh Bin Nabata" in treatments. This research includes 7 units : 1st unit : Urging on trade 2nd unit : Rarity3rd unit : Includes ones afflicted with his hearing and eye or others of his sensations.4th unit : rarity 5th unit : How to judge and judiciary6th unit : Rules and judgments.7th Unit : Participation in felonies The second Chapter : comes under the title of " narrations of Al - Asbagh Bin Nabatah (peace upon him) in morals ,favors, invocations and politeness. It includes two researches : The first research : His narrations in morals and it includes 8 units : 1st unit : Favor of mind on life and religion. 2nd unit : Islam ,Believing, disbelieving , hypocrisy. 3rd unit : Vices 4th unit : Deceiving 5th unit : Quitting lire( all its kinds) 6th unit : Marriage of women when get youngest to be protected by husbands. 7th unit : prefer lust of men to lust of women. 8th unit : honored the spouse. The second research : comes with the title of " His Narrations on politeness and favors and it includes 7 units : 1st unit : Prefer of Quran2nd Unit : Revelation of Quran 3rd Unit : Prefer of prophets , righteous men 4th unit : Roasted Meat and grill 5th unit : Rarity 6th unit : Good deed of sons 7th unit : Preferability of seven of Abul Mutalib Sons. The third chapter comes with title (Narrations of al - Asbagh Bin Nabatah) in beliefs and it includes three researches : 1st research : His narrations in beliefs and it includes : 1st unit : favors Allah mentioned in His Book. 2nd unit : Absence3rd unit : Al - WalayahThe second research : comes under the title of : Narrations of Ibn Al - Asbagh Bin Nabatah in Jihad and interpretation and it includes : 1st unit : Jihad of man and woman.2nd unit : without address.3rd unit : The sun has 63 constellations The third research comes under the title of "Book of Coffins" It comes with two units : 1st unit : those walking with coffins 2nd unit : Reciting on those who about to die. By God 's favor, I have accomplished my present thesis despite my humble knowledge in narrations of Messenger 's family (peace upon them). If I commit mistakes while writing this present paper , I'll have the honor to have my professors correct these mistakes. Deeply I thank my reverent Professors for their patience and consistent help. I have nothing , but to say "" God Helps me to thank your favors You have favored me and my parents and to do righteous deeds as to be willing for that and to have me enter by your mercy into your righteous servants"( Surat Al - Nimal - page 19)
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