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السياسة الخارجية للولايات المتحدة الامريكية والتحولات العربية وانعكاساتها على القضية الفلسطينية منذ 2010 == The Foreign Policy of The United States of America And Arabic Transformations And Its Reflections Upon Palestinian Cause Since 2010

اسم المؤلف: احمد عبد الامير خضير الانباري
اسم المشرف: قاسم محمد عبد علي الدليمي
الموضوع العام: العلوم السياسية
السنة: 2014
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: تحظى المنطقة العربية باىتمام بالغ اىمية من قبل الويات المتحدة امريكية منذ انتياء الحرب الباردة وحتى ان. ويمكن تحديد بعض اىم موارد ىذا اىتمام بانو ياتي مما تتوافر عميو المنطقة ثروات كبيرة في مقدمتيا النفط والغاز, وتامين امن اس ا رئيل, المذان يشكن جوىر المص | The Arab area takes a large importance from the United States of America since the end of the Cold War and up to now. And we can limit this importance by the offering of the large fortunes especially the petrol and the gas and the safety of Israel securit

المراجعات الفكرية للحركات الاسلامية المعاصرة == Intellectual Revisions of Contemporary Islamic Political Movements

اسم المؤلف: دلال حميد عطية العامري
اسم المشرف: بتول حسين علوان
الموضوع العام: العلوم السياسية
السنة: 2014
الموضوع الدقيق: الفكر السياسي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: الم ا رجعة من المفاهيم التي لها اهمية كبيرة على مستوى حياة الفرد او الجماعة او حركة او حزب لما لها من اثر بالغ اهمية في تقويم وتعديل مسار العمل او الفكر وتنبغ تلك اهمية من ان المرجعة يمكن ان تكشف الكثير من مواطن الخطا وتعمل على تصحيحها وتكشف الكثير من م و

اسس قيام الطبقة الوسطى في العراق == The Basis of Middle - Class Emergence In Iraq

اسم المؤلف: حسن عودة ابو الهيل
اسم المشرف: تغريد حنون علي الساعدي
الموضوع العام: العلوم السياسية
السنة: 2014
الموضوع الدقيق: الفكر السياسي
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The term ‘social structure’ refers to the essential social relationships which determine to the basic shape of the society, in its various components, classes and strata, sects as well as the nature of the relationship among them.Social structure in Iraq

السياسة الخارجية الروسية 2000 - 2012 == Russian Foreign Policy 2000 - 2012

اسم المؤلف: محسن حساني ظاهر مديهش العبودي
اسم المشرف: سمير جسام راضي
الموضوع العام: العلوم السياسية
السنة: 2014
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Researchers have given Suzerain Russia, the Soviet Union and lately the Russian Federation great attention, since it has been one of the first global examples which were able to create international balance. The Russian American conflict has taken a shape

التحولات في الاستراتيجية الامريكية تجاه ايران (1993 - 2013) == The Diversions of The American Strategy Toward Iran (1993 - 2013)

اسم المؤلف: نورا رياض عبد الله
اسم المشرف: دنيا جواد الجبوري
الموضوع العام: العلوم السياسية
السنة: 2014
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: لما كانت اولويات استراتيجية امريكية في القرن الحادي والعشرين تتمثل بكل من ترسيخ الهيمنة امريكية على النظام الدولي عموما وعلى الشرق اوسط خصوصا، واعادة ترتيب خارطة الشرق اوسط بما يضمن المصالح العليا للويات المتحدة في المنطقة،سيما المصالح التي لها مساس م | As we move towards the twenty - First century, It became clear to us that United State of America Represented consolidating their hegemony in the international system in general, And especially in the Middle East first, And rearrange the map of the Middle

تحول القوة في السياسة الخارجية للولايات المتحدة الامريكية بعد الحرب الباردة == The Transition of Power In U.S Foreign Policy After The End Cold War

اسم المؤلف: عبد الامير عبد الحسن ابراهيم مريزه الشمري
اسم المشرف: احمد نوري النعيمي
الموضوع العام: العلوم السياسية
السنة: 2014
الموضوع الدقيق: العلوم السياسية
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: ادت نهاية الحرب الباردة الى ان تصبح الويات المتحدة امريكية القوة التي يمكن ي قوة دولية اخرى مضاهاتها او التوازن معها ؛ اذ امتلكت قوة عسكرية والاقتصادية وثقافة يفوقها شيء.ولعل اهم المخاطر التي تواجهها الويات المتحدة امريكية، في حقبة ما بعد الحرب الباردة | The collapse of the Soviet Union lead to create new political situation post to Cold War era, no country could match or balance. United States of America had unsurpassed global military, economic, and cultural power.Americans were largely indifferent and

دور رئيس الوزراء في النظام السياسي الياباني

اسم المؤلف: سوسن محمد علي المسلماوي
اسم المشرف: سعيد مجيد دحدوح
الموضوع العام: العلوم السياسية
السنة: 2014
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Despite the short duration for which the Japanese Prime Minister's office, but he is working hard to accomplish as much of the development projects in all areas of life, and this is due to the nature of the individual Japanese diligent, which offers the b

نظرية ولاية الامة في الفكر السياسي الاسلامي الشيعي المعاصر == The Theory of Wilayat Alumma In The Thought of The Modern Political Islamic Shiaa

اسم المؤلف: محمد ابراهيم فلفل
اسم المشرف: امل هندي كاطع الخزعلي
الموضوع العام: العلوم السياسية
السنة: 2014
الموضوع الدقيق: الفكر السياسي
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: يتطرق موضوع اطروحة الموسومة بـ (نظرية وية امة في الفكر السياسي اسمي الشيعي المعاصر)، الى اعطاء الوية السياسية الى امة، والتي اتخذت اسم مرجعية عليا ( القران الكريم والسنة النبوية )، وانطقها من الواقعية اسمية؛ ن اسم ليس قوالب جامدة، وانما هو دائما متجدد | The topic of the thesis "The Theory of Wilayat Alumma in the Thought of the Modern Political Islamic Shiaa" deals with giving the political Walayat, which takes the Holy Koran a sublime index, (The Holy Kuran and the Prophet's Sunna), to the nation, and i

دور الحركة الاسلامية في الحياة التونسية بعد ثورة 2010 == The Role of The Islamic Movement In Tunisian Life After 2010

اسم المؤلف: امجد محمد علي
اسم المشرف: ياسين محمد حمد العيثاوي
الموضوع العام: العلوم السياسية
السنة: 2014
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: شهدت بعض الدول العربية مااصطلح على تسميته بالربيع العربي، وقد كانت تونس رائدة هذا التحول في العالم العربي واسمي، وقد كانت الحركات اسمية ممنوعة من ممارسة دورا سياسيا في اغلب الدول العربية، اذ كانت الحركات اسمية في تونس وعلى راسها حركة النهضة ممنوعين من الع | Summary of some Arabic countries that adopt the termed the Arab spring, Tunisia was leading this transformation in the Arab world, Islamic movements have been banned from playing a political role in most Arabic States, with Islamic movements and the Ennah

السلم الاهلي في العراق == Civil Peace In Iraq

اسم المؤلف: منتصر حسين جواد وزة
اسم المشرف: عمر جمعة عمران
الموضوع العام: العلوم السياسية
السنة: 2014
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: احاول في هذه الرسالة ان الحديث عن السلم اهلي والمجتمعي، في المجتمع العراقي، اذ تكون هذه المسالة حقيقة من حقائق الواقع السياسي واقتصادي واجتماعي والثقافي، وثابتة من ثوابت تاريخنا الراهن.وضرورة ان يتصالح المجتمع، اي مجتمع مع نفسه، بطريقة سليمة وحضارية ت | In this letter we are trying to illuminate talk about civil peace and community, in Iraqi society, so that this issue is a fact of political reality, social, cultural, and fixed constants of our history now.And the need to reconcile the society, any soci

الدولة العراقية في فكر القوى والاحزاب السياسية الكردية : رؤية مستقبلية == The Iraqi State By The Thought of Kurdish Political Parties And Movements (A Future Vision)

اسم المؤلف: مصطفى ظاهر صالح
اسم المشرف: سناء كاظم كاطع
الموضوع العام: العلوم السياسية
السنة: 2014
الموضوع الدقيق: الفكر السياسي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: جاءت هذه الدراسة والتي تحمل عنوان (الدولة العراقية في فكر القوى واحزاب السياسية الكردية - رؤية مستقبلية)، على اثر اهمية البالغة للمسالة الكردية وتداعياتها في الشرق اوسط، فمنذ تشكيل الدولة العراقية والقضية الكردية هي القضية المحورية فيها. لذا افترضت هذه | The topic area of that’s thesis dealing with Iraqi state by the thought of Kurdish parties and movements. That’s theme which represented as crucial importance especially according to importance of Kurdish question about formation of Middle East, The funda

الديمقراطية والامن القومي : دراسة نظرية تحليلية == Democracy And National Security : A Study of Analytical Theory

اسم المؤلف: علي عبد العزيز مرزة نور الياسري
اسم المشرف: رياض عزيز هادي
الموضوع العام: العلوم السياسية
السنة: 2014
الموضوع الدقيق: الفكر السياسي
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: A decent life, protected rights, the community and state where human being are respected in which the law is the standard ruler, the of the authorities and it's formations is institutions and members their mission is to service citizen in accordance with

الابعاد الاستراتيجية لقضية المياة في الشرق الاوسط == Strategic Dimensions To The Issue of Water In The Middle East

اسم المؤلف: احمد مصطاف ناصر الباوي
اسم المشرف: قاسم محمد عبيد الجنابي
الموضوع العام: العلوم السياسية
السنة: 2014
الموضوع الدقيق: الدراسات الاستراتيجية
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: There is no doubt that the issue of water has become an integral part of the national security of any of the States, because it has become one of the key factors for the growth of the economy, this addition to the increase in the rates of population growt

دراسة في الهوية الوطنية في العراق بعد العام 2003 == Study of National Identity In Iraq After 2003

اسم المؤلف: هشام عز الدين مجيد
اسم المشرف: حسين علوان حسين الربيعي
الموضوع العام: العلوم السياسية
السنة: 2014
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Hereby the study dealing with extremely sensitive and widening subject in the current world, which recede by the Sub - identities for globlal identities, after decades of announcement full sovreign Iraq, unfortunately the society could not or faild or uns

دور المؤسسة العسكرية في الحياة السياسية المصرية بعد ثورة 25 كانون الثاني 2011 == The Role of Military Institution In The Egyptian Political Life After The Revolution 25Th January 2011

اسم المؤلف: سعد عبد الله ابراهيم
اسم المشرف: ياسين محمد حمد العيثاوي
الموضوع العام: العلوم السياسية
السنة: 2014
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: تتمتع المؤسسة العسكرية المصرية بموقع مؤثر داخل الدولة, وتعد هذه المؤسسة بمثابة العمود الفقري للدولة ولها مكانة مرموقة فيها تحظى باحترام الجميع, ومصر احدى الدول التي برزت فيها المؤسسة العسكرية كقوة على المسرح السياسي, واتخذت طابع استمرار في مراحل معينة منذ | The Egyptian military institution enjoys an effective position inside the state. This institute is like the skeleton of the state and has the status of respect by all. Egypt is one of the military institution as a power in the military theatre. It took th

استراتيجية حلف شمال الاطلسي تجاه اقليم البلقان ما بعد الحرب الباردة == Nato’s Strategy Towards The Balkans Region, After The Cold War Era

اسم المؤلف: اثير ناظم عبد الواحد جاسور
اسم المشرف: نزار اسماعيل عبد اللطيف الحيالي
الموضوع العام: العلوم السياسية
السنة: 2014
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: لقد تزعمت الويات المتحدة النظام العالمي الجديد عقب تفكك اتحاد السوفيتي وانهيار الكتلة اشتراكية وكانت هذه المرحلة اعن تشكيل نظام القطبية احادية او احادي القطبية، هنا بدات الويات المتحدة امريكية بالبحث عن مناطق النفوذ والسيطرة وتحديدا مناطق اتحاد السوفيتي، | Following the end of the Cold War and the dissolution of the former Soviet Union, the competitor Pole, the United States of America has led the New World Order, which was ushered to announce a new system called the unipolar, and with re - mapping of the n

الضمانات الدستورية للحريات العامة في العراق الواقع والمستقبل : دستور 2005 انموذجا == Constitutional Guarantees For Public Liberties In Iraq : Present And Future "The Constitution of 2005 As A Model"

اسم المؤلف: زياد سمير زكي الدباغ
اسم المشرف: علي دريول محمد الجبوري
الموضوع العام: العلوم السياسية
السنة: 2014
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: لقد تضمنت هذه اطروحة - التي جاءت تحت عنوان (الضمانات الدستورية للحريات العامة في العراق : الواقع والمستقبل "دستور 2005 انموذجا") - مقدمة وثثة فصول اساسية وخاتمة. تناولنا في الفصل اول منها الحريات العامة في الدساتير العراقية منذ تاسيس الدولة العراقية، حيث تم | This thesis - named (constitutional guarantees of public liberties in Iraq : Present and Future "2005 Constitution as a model") - has included an introduction, three basic chapters and a conclusion. We tackle in its first chapter the public liberties in I

السياسة الخارجية لدول مجلس التعاون الخليجي بعد 2011 : قطر انموذجا == External Policy For The Gulf Assistance Council Countries After 2011 (Qatar As Example)

اسم المؤلف: عبد الحسين معلاك مجهول الازيرجاوي
اسم المشرف: سطام حسين علوان
الموضوع العام: العلوم السياسية
السنة: 2014
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: اهتمت الرسالة بدراسة السياسة السياسة الخارجية لدول مجلس التعاون الخليجي بعد عام 2011 (قطر انموذجا) بوصفها احد اهم الموضوعات المهمة في الساحة السياسة الدولية واقليمية, انطقا من طبيعة التغيرات اقليمية التي طالت المنطقة العربية وانعكاساتها على المواقف السياس | Thesis has focused on studying the Foreign Policy for the Gulf Cooperation Council after 2011 (Qatar as a Model) as it is considered one of the most important issues in the international field and in the regional policy, basing on the nature of the dramat

التنظيم القانوني الدولي لحقوق الاشخاص ذوي الاعاقة : دراسة مقارنة

اسم المؤلف: فاهم عباس محمد العوادي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدولي الانساني
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:

الضرورة والتناسب في التجريم والعقاب : دراسة مقارنة == Necessity An D Proportionality In Criminalization And Punishment A Comparative Study

اسم المؤلف: محمد حميد عبد
اسم المشرف: محمد علي سالم جاسم الاسدي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الجنائي
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بابل
الكلمات الدلالية:
  • فلسفة التجریم والعقاب
  • سیاسة الحد من التجریم والعقاب
  • القاعدة الجنائیة
  • نطاق سلطة المشرع في التجریم والعقاب
الصفحات الاولى:
المستخلص: When we study the general authority of criminalization and punishment , especially when we focus on the basis that the legislature depend on them when practice its discretion in criminalization and punishment , we need to study two important doctrines , which are the doctrine of necessity and the doctrine of proportionality.To deal with the aspects which relate to those two doctrines , we divided this study into two parts. The first part deal with the semantic and the legal meaning of the necessity and proportionality. To clarify the meaning of those two concepts we search for their applications in Islamic jurisprudence , and convert to their applications in all legal aspects. In legal aspects we denoted to some provisions in constitutional legislations which mention the necessity and proportionality as an important doctrines to recognize the relation between the state and the citizens. Then we talk about the emergence of those two doctrines in the domain of Private Law especially in its principle branch which is Civil Law. In addition to that , we set up the applications of the necessity and proportionality in Administrative Law which produced several theories about the obligation on all the administrative branches to consider those two doctrines in their activity to do their tasks.The second part of this study is devoted to conceptual meaning and the different applications of the necessity an proportionality in Criminal Law.In this part we talk in details on the criteria of the legislature to preserve the necessity and proportionality in the domain of criminalization and punishment. We explore some examples on the ways of the legislature to make a balance between the individual liberties and the public interest and the means of the legislature to reach such a balance.To make such a balance between the individual liberties and public interest , the legislature have a legislative discretion , but this discretion is different in its level according to the kinds of the rights which constricted by the criminal statute.We clarified that the legislative discretion in the domain of criminalization and punishment is subject to the judicial review.And the level of the judicial review on this discretion is not the same. There is a strict scrutiny on this discretion when the criminal legislation deal with a fundamental right or liberty , otherwise , there is a minimal scrutiny. We search for those levels of judicial review in the comparative courts , in France , Egypt , and the Iraqi Supreme court. After the Almighty God help us to finish this study , we concluded several results , and produced some proposals , hoping that they will be useful for our legislature to achieve the doctrine of necessity and the doctrine of proportionality in the domain of criminalization and punishment to preserve the criminal justice.

اثار النزاعات المسلحة على معاهدات حقوق الانسان : دراسة في اعمال لجنة القانون الدولي

اسم المؤلف: محمد عدنان علي زبر
اسم المشرف: عباس عبود عباس الخزرجي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدولي الانساني
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: النجف
الصفحات الاولى:

اثر النظام الدولي الجديد تطبيق في نظام قانون حقوق الانسان : دراسة قانونية == The Effect Of New International System Application In Human Rights Law Legal Study

اسم المؤلف: حيدر ياسين طاهر حسن الياسري
اسم المشرف: مها محمد ايوب
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدولي الانساني
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: يعد موضوع اثر النظام الدولي الجديد في تطبيق قانون حقوق الانسان، من الموضوعات المهمة التي تستحق البحث بعناية واهتمام بالغين، حيث ان النظام المذكور او ملامح هذا النظام - ان صح التعبير - انعكست بشكل واضح وجلي على تطبيق القاعدة القانونية الدولية بشكل عام، والقو | The subject of the impact of the new international order in the application of human rights law, one of the important issues that deserve search carefully and interesting, where the mentioned system or features of this system reflected in clear and obvious to apply the rule of international legal in general, and the rules relating to human rights in special, so we chose to go into ourselves, but in the midst of this topic, with its ambiguities. And we tried to determine the concept of the new international system, and its most important features or characteristics. So we didn’t found a definition objection to this system, every researcher or jurist look from his specialist corner, and the view may be economic, social or cultural or legal or political, as we have noted that the system of a temporary nature, and is led by a unipolar, with the rule of values and foreign concepts , and the decline of the role of the UN in the settlement of international disputes.The term New World Order found prominently at the end of 1991, after the disintegration of the former Soviet Union and the uniqueness of the United States as a single dominate the international relations, its dominance of the Security Council, control capabilities of the Organization of the United Nations, to harness the goals and principles of the United Nations and other rules of international law to their advantage, especially the stage of the balance of power and bipolarity are gone and replaced by unipolarityThere is also who denying the existence of a new international system in the legal sense of the word, and is considered a delusion is not the truth, has we agree with this point of view, where we are if we accept the existence of such a system, it entails the existence of new international legal rules, or a new international organization , or at least modified some of the provisions of the UN Charter, and such a thing did not happen at all. Then we show the impact of the new international system on some international legal concepts and the expansion of the concept, as human rights, humanitarian intervention, and the concept of sovereignty. That's where human rights and the interest in them is no longer a purely internal matter and interference in the domestic jurisdiction of states, but has become an international issue and concern to the entire international community, so that it became his duty to intervene in a moment that feels that a violation is long of human rights and fundamental freedoms. More than that, the UN Security Council links between human rights violations and threats to international peace and security as envisioned on Article 39 of the UN Charter. When humanitarian intervention has abounded practice especially by the major countries under the pretext of protecting human rights, noting that there are interventions illegally, mainly by the provisions of Article (2/7) of the UN Charter, which unapproved intervention in the internal affairs of States, under any pretext, except for the intervention of the UN Security Council as part of measures of repression by the provisions of Chapter Seven of the UN Charter, and the same thing has done for the rule that the expansion of the concept, and turned the rule absolute sovereignty to relative normal flexible sovereignty to respond to international changes.We dealt with the models of the human rights violations that have occurred in certain countries, and the intervention of the UN Security Council to issue decisions based on a lot of them to Chapter seven of the UN Charter, as is the case in connection with the Security Council resolution of NO. 688 (1991) against Iraq, and the UN Security Council resolution of violations of human rights in Kosovo, Bosnia and Herzegovina, Haiti and elsewhere.We reached to the result of research in this vital subject about in the international dangerous changes happened at the level of international relations, in the application of the rule of international legal, especially on human rights, and we concluded at the end of research to a conclusion included the most important results and necessary recommendations in order to achieve the research goals of scientific desired, and Allah of the intent behind.

فلسفة العقوبة في القضاء الجنائي الدولي == Philosophy of Punishment in The Criminal International Judgment

اسم المؤلف: احمد عبد الرزاق هضم نصيف المعيني
اسم المشرف: براء منذر كمال عبد اللطيف الطائي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدولي الجنائي
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: صلاح الدين
الصفحات الاولى:
المستخلص: نسعى في اطروحتنا الموسومة بـ ( فلسفة العقوبة في القضاء الجنائي الدولي ) الى تسليط الضوء على العقوبة الجنائية الدولية في اطار النظم الاساسية للمحاكم الجنائية الدولية التي نشات في ظل ظروف معينة عادة ما ترافق النزاعات المسلحة او تعقبها، والغاية من انشاء مثل | The peace, security and the stability of aims which have long prepossessed humankind ,after tasted the bitterness of horrors of war. and sight a lot of horrors thing and missed million of humankind. That they stood powerless in many cases for accountable the perpetrators of crimes that a companied those wars. Especially after that proved the inability of national judicial systems a counting for the perpetrators of such crimes whether because they are have a power in their respective countries ,or those that completely collapsed state it which hit its agencies including the judiciary completely paralyzed. And in order not to get away from a lot of punishment established by international criminal courts orders the trial to take such actions ,there courts have a national criminal laws. So to ensure that no one escape punishment, appeared the criminal international justice. But maturity it reached international criminal justice did not come from vacuum, its passed through several stages of evolution. And this evolution was a predicted and related with the evolution of intellectual humanity. The efforts of the jurisprudential and philosophical level of individual and collective backs a prominent role in these efforts and make it in executed. And the criminal international punishment its area of competence and discussed shared by all of the public international law and criminal law. The impact of this matter and directly involving them and make them in its aspects a characteristics of both privacy laws. The sanctions that the international courts apply it was the same that sanctions was apply by national courts, and aimed to fulfill the same purposes and functions that the national courts gone to fulfill it. So we will discuss this punishment dependent on the analytical method of the texts in the international criminal courts. And we are going to adopt the historical method in some historical aspects. So we will divide this study to a introduction and three chapters ,in the introduction we will study the most important preliminary stages undergone by the international criminal judiciary. So we will discuss in the first chapter the explore the concept of the international criminal punishment, we deal in this chapter the mean of punishment and the sources of it. While in the second chapter we will discuss the types of international criminal punishments. And the last chapter we will search to it the functions of the international criminal punishments ,that represented in three functions the first is public deterrence and the second is privet deterrence and the last is the justice of punishments. And at the end of study we reached to a results and a suggestions

التنظيم الدستوري لنشوء فكرة القانون في ظل دستور جمهورية العراق لسنة 2005 : دراسة مقارنة

اسم المؤلف: وليد خالد جالس الكريماوي
اسم المشرف: كاظم علي عباس الجنابي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:

مبادئ الموازنة العامة للدولة وتطبيقاتها في العراق : دراسة مقارنة == Principles Of The State Budget And Its Applications In Iraq A Comparative Study

اسم المؤلف: نور عدنان داخل الشمري
اسم المشرف: حيدر وهاب عبود العنزي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: التشريعات المالية
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The idea of the state budget idea is relatively recent , was not the general budget in the past as it is now , it has gone through the stages of the evolution of multiple , was the first phase , when the student members of the people, the ruling power , not to impose the tax only after the approval of the people or their representatives , and when he handed over the ruling power of this principle , asked the representatives of the people to watch spending tax revenues , and discuss the reasons for the imposition of the tax , and then go the people and their representatives to confirm their right to discuss the revenue all expenses all , and uses , and then struggled in order to be a report of tax and spending are League , was the general budget.So it was incumbent on the government to ensure the adoption of legislative power to the draft budget as a representative of the people and strives to maintain its interests , and what was the people's representatives of the blocks and the different political parties so multiple orientations differ with the government program, and sometimes agree with him at other times , leading the government to make changes in the sequence of priorities and projects in line with the orientations of these blocs and parties that have a majority that ensures authentication of people's representatives on the state budget , and here comes the role of the changing political reorientation of the public budget allocations and who is often away from the foundations of the financial and economic being designed to achieve electoral gains the future for those parties towards their constituents.Represents the state budget , at the present time , the basic document for the study of public finances , for any state , and occupied this study is an important aspect of financial studies , due to the evolution of the size of the general budget , and the growing impact on the balance of economic, social, political and financial.The budget of the states include recognition of public revenue and public expenditure, for a period to come, it is a financial plan for the state , designed to satisfy the needs of the public in light of the circumstances and goals of political , economic and financial - based society , it is a mirror that reflects the state activity and reflect on its role as the state cannot direct activity without spending cannot be spent without the revenue necessary for this purpose.Therefore, the study of the general budget, indicating that the procedures followed in the preparation and implementation of the general budget, reflecting the political and social system and the administrative state, also shows that the search in terms of the general budget shows the activities of the State Economic and objectives, as the study shows the effect of the factors and financial considerations of the state, and emphasizes the importance of the role played by public finance in the present eraAs the general budget planning tool for the future , the government is in the process of preparing the budget public take into account a range of important principles that guarantee prepared to the fullest picture of the fullest, also included the development of Activity executive power under the control of Parliament , but it is a result of the evolution of the concept of public finances and breadth of state activity has controversy raged among scholars about taking these principles or exit them , so that the concept is applied by conventional financial problems and generates economic and financial difficulties , which prompted the evolution of these principles and resulted in the exceptions to ensure their application in the preparation and the preparation of the general budgetThe problem with search according to those principles which leaves a clear impact in the general budget of the same in terms of Nacho preparation and voting upon the approval and implementation, which often Macon year or more different countries.In political terms, and as is known, there are reciprocal relationship between the political system and public finances, the authority is the ruling in a particular community, determine to a large degree the financial policy of the state, and the distribution of public expenditures and public revenues, between classes and strata of society different, are also affected by the financial public events and political unrest, Alaboukry hand, affect public finances in the political system through consolidation or reduction of the activities of the legislative power, as was the public finances and the financial pressures generated by, the reasons for the mothers of the revolutions in the world And contribute to the study and understanding of the principles of the budget to identify the administrative organization of the state, whether in the form of a federal or a uniform, and do follow the state highly centralized or decentralized system of government, and it affects all the modalities of control followed by the state to monitor the implementation of the general budget, infrastructure to invited us to select the subject of the principles of the state budget as the theme for this research.

انتخاب مجلس النواب في دستور (2005) العراقي : دراسة مقارنة == Parliamentary Election In The Year (2005) Comparative Study

اسم المؤلف: نعيم زوير محيسن الساعدي
اسم المشرف: كاظم علي عباس الجنابي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: There are differences between the citizens ,that came from their ethnic or classical societies or their parties , as well as their cultures or their thought or their psychological formatting and their advantages. Those advantages will be one unit and associated in one society , that the man has desire to belong to society to live , that he is social creative , His advantage to establish sustainable society and this needs authority to save those advantages. thus the authority must be established by the democracy and the definition of democracy Is the people rule themselves and the democracy had definite in the 17th century in Europe The democracy has three shapes * Directed Democracy , which is the people ruled themselves directly * The semi Directed Democracy , that be find representation boards to represent the people and the ruling by those boards.which return to the people when making decision * Representative democracy , which is establish on idea that this representative board making decision be hand the people. The democracy can be acted by election and choosing the Candidates to be representative to act the people in the parliament And the people can ask and rule the representatives Therefore , the democracy can keep the rights of the people specially the political rights. This regime gives grantee to the citizen to elect freely , and this right can't be done unless the freedom be grantee to all the people in general.The significance of this thesis The election operation must be formatted by three elements First : Voter , elector , is the most important one of them , that he is the reason for reaching the candidate to the parliament. Second : candidate , who has subjective conditions as the Egyptian or French legislators legislate. Third : the authority of the elections this authority must control the operation of the election. The problem of the thesis The operation of the election is not ideal on all levels and is not going by easy way in realty , because conflicted the interesting as to be collected the members who will make decisions and establish the main law of the state regime. Research MethodologyAs the election in Iraq is started in 2005 and associated with it some problems , we used the analytical method to write this thesis. and we compered it with Egypt and France and I give some results and comments. I will divided the study in the three chapters and after those I give Introductory chapter that talked about the political rights and it's kinds and the laws which ruled them. In the first chapter I had talked about the conditions of the voters and candidatesWhile the second chapter I talked the election operation and it's laws and the rules which organized it. In the third chapter I explained the appeal cases which are done in the special courts of the election included the election and Protest about the membership of the parliament also I had talked about the important results and the commend

الدور الرقابي للجان البرلمانية في دستور العراق 2005 == The Oversight Rol Of Parliamentary Committees In The Constitution Of Iraq

اسم المؤلف: لبنى عدنان يوسف الموسوي
اسم المشرف: سمير داود سلمان الدليمي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Parliament is the political structure like other structure of the state and society ,it is the base which build on and which stands upon the state and its political system and it is the responsible about many operations the imporlance one is the Legislation for the person , society ,state and the control on government action because it is one of the imporlant lnstitutions to make change in the current situation and the way to change and update in the same time where is the guarantee for the completion and democracy as per of the frame of Constitutional.So the lraq and What is witnessing the vast amounts of challenges that require institutional building coherent and rational political performance, so the parliament should be one of the institutions which play an important role to face this challenges from build and Iineup and activities roles that so imporlant and one of them the active role specially in regulatory area the subject of our research.So we deal with in our subject the regulatory side for the parliamentary committees in the lraqi parliament Power conferred by the rules of procedure for the committees ln the exercise of their work and speeifieally in the parliamentary inquir^y through out' follow - up to the performance of these committees and their work we see that the Council that exercise the profession of the investigation by the Commission either permanent or private it will done when its mission done or from Joint committees from many committees.The guided in our precedents and traditions of each of the systems comparison (UK, France ,USA, Egypt) because of their large role tn establishing principles and controls that goes by the Board and its committees where is one of the sources ruling in the padiamentary for his role in both the regulatory and legislative where is characterized by stability and continuity where is the prove for parliamentary work well so it is the result of free and realism parlicipation for the parliamentary and council members as especially ln practice committees in their work in the past is the base of the present and from the experiences of the present we will see the future.Through our research we came to propose several solutions for astrong parliament ,strong committees , the most important amendment provisions of the rules of procedure of the Law on the Council of Representatives of lraq NO.50 year 2007 amended by the law NO.23 year 2010,with adding supplementary texts and detailed to explain the mechanism of action of these committees and determine the percentage of representation of pafties within it Gives a role for the minority party in parliament and the need to specify a time limit for these committees to submit their reports and regulate many aspects of the procedures ln practice for the investigation in order to avoid the reasons that less than effective to avoid the shortcomings and deficiencies in performance Because those texts are the most imporlant organs of the Organization of the work of parliament which represents the people in all aspects of life and supports the foundations of democracy.

الطعن تمييزا باحكام القضاء الاداري في العراق == Cessation Appeal In Administrative Judiciary Rules In Iraq

اسم المؤلف: فرح جهاد عبد السلام
اسم المشرف: حنان محمد مطلك القيسي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The emergence of the Administrative Judiciary in the modern era has prominent importance and important branch that ought to be included by the judicial system; Because it has super ability to understand and checking the nature of ties of public law, and its watching for the legitimacy of administrative work to investigate whether it follow the law or not and meeting legitimacy through complete commitment of public administration with the law regarding its behavior; since considering the law as secured asylum for individual in saving their rights and freedom towards the administrative behavior that affect it and break it sometimes. But the judgments by the administrative judiciary can be mistaken, because judges are human beings that do mistakes by nature; that is why the legislator in states that has dual judiciary system has to find an institution taking care of observation over the issued judgments by the administrative judiciary courts; The Iraqi legislator copied the example of states that has the administrative judiciary after its shift from adapting the unified judiciary system and joining the state of administrative judiciary when issued the law number (106) for the year 1989; that has established for the appealing against judgments of administrative judiciary granting it to the public institution of state consultative council to observe, after receiving the appealing, public discipline council judgments and administrative judiciary court to be sure and investigate that their issued judgment or decision meet the law. Therefore if it found out that the administrative judiciary court has rightly met the law then certifies its judgment otherwise oppose it if there any reason for that according to the law; hence its role is to decide in the legality of appealed judgments. The Iraqi legislator granted appealing against the administrative judiciary judgments since joining the state that follow the administrative judiciary in 1989, until the issuing the law of fifth amendment of State Consultative Council number (65) in 1997, to different judiciary institutions.When the law number (106) in 1989 issued and the second amendment of the law of State Consultative Council number (65) in 1997, the mission of deciding about appealing against all of the administrative judiciary court was authorized to the public institution of the council. Later on, the legislator seized part of its mission regarding reviewing gaving it to the supreme federal court according to its law, to decide, in addition to its duties, regarding administrative judiciary court judgments, while reviewing appealing against public discipline council judgments is left to the public authority of State Consultative Council; Resulting in emergence a problematic of contrast or dispute between administrative judiciary court and public discipline council. When the Iraqi legislator issued the law number (17) in 2013 and the fifth amendment of the state consultative council law no. (65) in 1979 text on establish new institution added to other formations of consultative council law which is super administrative court, that authorized to look at appealing against all of employee judicial court - public discipline council - and administrative judicial court, approaching its the example of administrative judiciary states in France and Egypt that practice deciding the appealing regarding issued judgments by administrative courts that authorized supreme administrative court in state council in France and Egypt; Thus returning the authorization to the administrative judiciary regarding appealing against judgments and decisions of administrative judiciary court. As for the research plan we decided to search the topic by giving preparatory introduction stating the establishing of the administrative judiciary in Iraq. We divided our thesis to three chapters : chapter one stated the concept of appealing and the authorized institution that study the appealing towards administrative judgments in Iraq in two sections : the first assigned to state the concept of appealing while the second discussed the authorized institution to study the appealing towards administrative judiciary judgments in Iraq; As for chapter two assigned to explain administrative judiciary judgments that can be appealable in two sections : the first section explained the authority of employee judiciary court. As for the third chapter we have stated the public judgments for appealing against the administrative judiciary judgments in Iraq in two sections : the first studied the procedures of appealing at supreme administrative court while the second one assigned to explain the results of appealing.

مبدا توازن السلطات في النظام البرلماني : دراسة مقارنة == The Principles Of Authorities Balance In Parliament Regime Comparing Study

اسم المؤلف: فاطمة الزهراء البتول عبد الواحد خميس
اسم المشرف: كاظم علي عباس الجنابي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: مثل النظام البرلماني احد اهم التطورات التي لحقت الانظمة السياسية وحقق استقرارا سياسيا باعتماده المبدا المرن للفصل بين السلطات وتمثيلا حقيقيا للارادة الشعبية التي تقوم عليها الفكرة الديمقراطية، ولهذا فقد حقق هذا النظام نجاحا منقطع النظير في كثير من دول | Parliamentary system is one of the main developments that have sustained political systems and achieved political stability by adopting the principle of separation powers and truly representative of the will of the people upon which the idea of democracy is depend on. This system has made a huge success in many countries of the world as well as the cradle of growing up in Britain, and affected by the tremendous success achieved , this system were adopted for the first time in Iraq, under the Constitution of 1925 and achieved relative success , as was adopted again in the 2005 Constitution , which lay the foundations of this system and adopted an approach in the management of the Iraqi state. Due to recent parliamentary experience in Iraq under the Constitution of 2005 , it was chosen as subject of this study in order to explore grounds on which it is based and the efficacy in practice - by using analytical approach in comparison with the Parliamentary system in the United Kingdom.The requirements analytical study the necessitated dividing this thesis to two chapters preceded preliminary Section that dealt with the theoretical basis of the parliamentary system in terms of its origins and its evolution and its institutions. In first chapter I handled the principle of balance on which the parliamentary system is depend on and means used by the legislative and executive authority. In the second chapter, principle of balance has been put into practice in the Constitution of 1925 and of 2005.The thesis has been concluded with a summary of the most important findings reached by the study in light of the analysis approach, which followed with categorize the details to the general principles in the parliamentary system , including the disruption of real balance between the ministry and parliament by withholding authority to propose draft laws from Parliament and grant it to the executive authority making the parliament depends, in its legislative function, depend on the initiative of the executive authority ( government) which should be granted to the parliament and government as well.In addition to that , it is noted that public's awareness of the idea of democracy is so weak which allows Government to exercise strong control over the parliament, therefore the Parliament couldn’t practice its role in monitoring Government, which needs to be comprehensive awareness as well as experience gained by the ongoing practices of voting and electing.

البيوع في سوق الاوراق المالية بين الشريعة والقانون العراقي

اسم المؤلف: عمر مخلف عبد
اسم المشرف: عادل ناصر حسين الجميلي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون المدني
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:

الاعلان التجاري المقارن : دراسة قانونية مقارنة == Compartive Commercial Advertisement Comparisim Legal Study

اسم المؤلف: عبد الواحد حمد واحد الحسيني
اسم المشرف: جعفر كاظم جبر
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون التجاري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The world recently witnessed great economic development in most of world countries and it has happened great and various expansion in production. All that happens as a result of the amazing advancement in research, science, and modern technology aspects that totally leads to increase of quantities and qualities of goods and services that abound in the markets.As a result of that industrial and productive development there was a need to the media to largely contact customers in order to largely numerate advantages of produced goods and services and its characteristics particularly the demand and organize it towards these products, increase individuals' purchasing power for their needs and attempt of every advertiser in attracting the biggest number of customers to buy its products and services. With the development of means of commercials such as journalism, broadcasting, television and so forth it has been looked to the commercial as an important source of income; where private companies established for commercials and has established a foothold among the most important occupations that lead to the promotion of goods and services; the commercials has occupied markets and created actual revolution in the systems for selling and promotion; and became an unavoidable necessity in the economic system in the market.With time a special type of these commercials came to existence, that is, the comparative commercial advertisement that passed through steps of hesitation towards his legitimacy; the French judiciary has hesitated in many of its decisions to licensing this commercial; after this long hesitation, code or record of French consumption is issued with number (949) on January 18, 1993 that considered the borderline for its legitimacy, particularly the article number (121) through which the commercial is defined, stated the most important of its legitimated types and identified its elements and all characteristics; in addition some legislations has differed or disagreed about its legal nature as being obligatory became held by the contract and arrange its effects or it is an invitation for negotiation and does not reach the status of obligation; in addition, it has been recognized from its many similar situations that has common factor when each of them considers a means of media for the customer regarding the realty of mentioned information about the goods and services; this article also had put with it the legitimacy conditions of that comparative advertisement; that conditions included objective and formal conditions; the objective conditions some of it general that related to all advertisements and others limited to the comparative advertisements and related to products and prices; while the formal conditions some of it related to advertisement tools and others related to procedures that precede broadcasting that advertisement. Among other effects of the comparative commercial advertisement is the existence of rights and obligations affecting on all its parties; these rights differ from party to another according to each one's legal status and limits of responsibility.As a result of absence of special law in the Iraqi and Egyptian legislation that responsible to organize that advertisement it resorts to the general rules in the civilian responsibility in providing individual protection means where the consumer has the right in suing for implement contract obligation or Suit deceiving with injustice because of the defect against its will or the request for compensation in case of his disability in proving the former two suits; the merchant who lost his trade has the right as well, according to the general rules in civilian responsibility, to complain against the advertiser with accusation of illegitimate competition to compensate its damages. Going back to some comparative legislations, we can find that there are other means of collective civilian protection that provided by these legislations to the loser in case of failing of individual means in achieving enough protection to him; these means can be identified by claims of Associations of protecting consumers that specialized in protecting consumers and claims of professional syndicates that specialized for merchants who are members of a professional syndicate.

حماية اقلية المساهمين في الشركات المساهمة وفق قانون الشركات العراقي : دراسة قانونية مقارنة == Protection Of Minority Shareholders In Joint Stock Companies In Accordance With The Iraqi Companies Act Comparative Legal Study

اسم المؤلف: عباس عبادي نعمة فاضل القرة غولي
اسم المشرف: علي فوزي ابراهيم الموسوي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون التجاري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: عرضت هذه الدراسة حماية اقلية المساهمين من القرارات التعسفية الصادرة عن اغلبية المساهمين في الشركات المساهمة في ضوء قانون الشركات العراقي النافذ رقم (21) لسنة (1997م) المعدل، مع الاخذ بالحسبان التعديلات التي طرات على هذا القانون بموجب امر سلطة الائتلاف ال | This study deals with the protection of minority of shareholders in the arbitrary decisions of the majority shareholders in joint stock companies in the light of the Iraqi Companies Act in force No. (21) for the year (1997) amended , taking into account adjustments made to this law under the Coalition Provisional Authority and defunct number (64) for the year (2004) compared with the Egyptian and French laws and some Arab laws. Since the protection of the minority in the face of the oppression of the majority in the shareholding companies is extremely important as it provide a true balance of the structure of the company by giving shareholders the required powers to conduct the management of the company as that achieved with success on the one hand, and by using of the majority of its way to harm the other shareholders in the company on the other hand, we have studied some of what it has been written on this subject , analyzing and extracting the fundamental concepts and principles related to the study ,recording of comments and discuss the doctrinal views and analysis of legal texts. It has been addressing the subject of the study through three seasons whereas as mean of clarifying and defining of a minority of shareholders in joint stock companies in terms of the definition and we have clarified its role in the management of the company and showing the legal status of the shareholder in the company as well as we explained the characteristics of minority shareholders as well as to clarify the distinction between the minority shareholders and shareholders passive on two demands and then showing the arbitrariness of the majority of shareholders in joint stock companies in three topics we dealt with in the first such arbitrariness in the decisions of the majority of shareholders, either second topic dealt samples of arbitrariness of the majority of shareholders in the company, which harm the interests of minority and relate these arbitrarily decisions majority in fledgling companies or arbitrariness when increase the capital of the joint - stock company or when adding profits to the reserves or when merging company to contribute to another, under the decision of a majority or when trading stocks and transfer of ownership between shareholders first non Although the right of the owner of the stock in the trading and transmission of ownership through the stock market, but there are legal restrictions or regulatory limit the freedom of circulation, but this should not be up to the extent of those restrictions confiscation of freedom of the shareholder to dispose of their shares otherwise it was illegal and discussed in the abuse of power in the Board of Directors of the company and contribute to its impact on the rights of the minority shareholder.To find out the ways and mechanisms to protect this category of shareholders , we have been showed in the third chapter whereas we showed legislative means to protect minority shareholders, both those that are located within the Public Authority for the shareholders of the right of access to company documents and records, or those located outside the body of the role of the auditor in the protection of minority and inspection companies. Besides that there are other means of recourse to its minority to protect itself and its failure to arbitrary decisions adverse effects of the right and is in the interest of the company as a criterion for judicial intervention in restoring balance between classes of shareholders in the company as one of the most important judicial means which help to protect the minority as well as a showing received such means in law firms because of their importance in protecting the minority, including the right to veto the decisions of the General Assembly and to claim compensation or to apply to the courts to resolve the company's deficit at an advanced means of protection for the previous majority abusive. Then we will discuss also the role of corporate governance in providing the necessary framework and appropriate that protection of minority shareholder through showing the principles of the five global positions of comparative legislation which, because of this role of importance in maintaining the balance between classes of shareholders in companies and then reflected positively on the company's success and progress in the middle commercial. We ask God Almighty that we have been successful in reaching this study to the desired scientific interest.

تنازع الاختصاص بين السلطة المركزية والسلطات اللامركزية : دراسة مقارنة == Conflactive Between Centerul Athourity And Uncenterul Athourites Comparative Study

اسم المؤلف: عادل حنين عبد الله الزيدي
اسم المشرف: علي احمد حسن اللهيبي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: تناولنا في هذه الدراسة تنازع الاختصاص بين السلطة المركزية والسلطات اللامركزية في كل من الدولة الموحدة والدولة الاتحادية، وبينا فيها مفهوم السلطة المركزية ودلالاتها في الدولة الموحدة، وكيف انها تنصرف الى السلطة التنفيذية من دون غيرها من سلطات الدولة الا | We dealt with in this study conflicts of jurisdiction between the central authority and decentralized authorities in each of the unitary state and the Federal State , and Show us in which the concept of the central authority and its implications in the unified state , and how they go off to the executive branch without other state authorities , other ( legislative and judicial ) because of the growing role of power Executive and increasing its involvement in all activities of life , versus the limited role of the legislature and the judiciary , are almost exclusively in the legislation of laws and oversight - for the legislature , and the application of the law on conflicts - for the judicial authority. While the concept of going out of the central authority in the federal state to the three authorities ( legislative , executive and judicial ) , called the federal authorities to distinguish it from the three regional authorities. As for the concept of decentralized powers It differs as well as in the unified state than in the federal state because of the different nature of each of them , in the unified state , which is characterized by unity of power and lack of fragmentation , where the legislative and executive powers and judicial works according to the principle of separation of powers within the scope of a single state , but it does not mean the central absolute , which has become almost impossible , which means that the adoption of a method of decentralization has become a must for the executive power as a result of widening its role as we have said , which means that there are powers decentralized shared administrative function with the executive branch and called authorities, administrative decentralization which takes one of two forms two cabtial decentralization and regional decentralization , and the latter is the focus of the study , which was in its relationship with the central authority because of the capacity of its powers and the degree of its independence as a result of being elected by the local population. The differing nature and the concept of the central authorities and the decentralized authorities in each of the unitary state and the State Federation , lead - of course - to the difference in the nature of the conflict of jurisdiction between the authorities in both countries , where shown that conflicts of jurisdiction between the central authority and decentralized authorities in the unified state almost exclusively on the side of the functions of the executive branch and is the administrative function , while extending conflict of jurisdiction between the central authority ( federal authorities ) and decentralized authorities ( regions) to include the terms of reference of legislative , executive and judicial , and this in turn leads to the different nature and ways to solve the problems of conflict of jurisdiction in each of the unitary state and the state Federation - depending on the nature of the conflict and the parties to the conflict , in the unified state under chapter in the conflict of jurisdiction by the competent court , which is the ordinary courts - in states that adopt the judicial system uniform - and the administrative court in states that have adopted the system, eliminating the double - while being chapter in the conflict of jurisdiction between the federal authorities and regions in the federal state , by the judiciary and the constitutional goal of the highest judicial authority in the federal state which the Federal Supreme Court. But we do not luck and through the study that the Constitution of the Republic of Iraq for the year 2005 has adopted two Mata two different natures and two systems of administrative decentralization and political decentralization at once , which means overlap in the terms of reference and powers , and for conflict is inevitable between these authorities , calls the multiplicity of ways to solve and resolution , and that the Constitution has brushed turn strange when entrusted the task of resolving conflicts of jurisdiction between the central governorates not organized province , and between the federal authorities and regions - to the Federal Supreme Court , despite the obvious difference between the systematic decentralization of administrative and political decentralization , and the consequent outcomes and impacts.In addition to the judicial ways to solve the problem of conflict of jurisdiction between the central authority and decentralized authorities - both in the unified state or federal , show us the existence of other ways to resolve and settle the disputes and differences between these authorities - differ as well as the nature of the state, where the methods of management in the unified state , as a result logical nature of the conflict , while the methods of political and non - political in the federal state , depending on the nature of the federal system and the required of the development of solutions and treatments to ensure the continuity and sustainability of the system.May have walked through research method analytical study of comparison, by analyzing the provisions of the constitutions and laws of matter in more Be state whether standardized or federal whenever possible , strictly speaking of which stand on the experiences of these countries in the distribution of specialties and solving problems of conflict on these terms of reference , with the extent of the differences in attitudes and legislation of these countries , whether through judicial decisions or legislative texts. The study concluded that the most important conclusion Pena our findings , and the proposals that we consider necessary to address these findings.It is God's help and draw strength.

السلطة التنفيذية في الانظمة البرلمانية : دراسة مقارنة == The Executive Power In The Parliamentary Systems Comparative Study

اسم المؤلف: ضياء كامل كزار الساعدي
اسم المشرف: كاظم علي عباس الجنابي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Despite the emergence and spread of the principle of separation of powers , the concept of concentration and separation of powers, the public still exists when considering the types of political systems in the world, became a division of political systems to the councilor system, presidential system and the parliamentary system is based on conditioning the relationship between the public authorities in the state.The parliamentary system more democratic regimes and more correct in the application of the principle of separation of powers , as it is based on the separation of powers and with a degree of cooperation and mutual supervision among them.And that the parliamentary system was not created by theory depend on logic purely, it is a system grew up in England as a result of the events and traditions of its own, has gone through several phases until completed pillars of the duality of the executive branch and the relative separation of powers, and became the executive power under a parliamentary system based on the presence of the head of state has not authorized the actual powers of judgment because of not being political responsibility , and the Ministry responsible is the owner of the inherent jurisdiction to direct the affairs of government, with the executive power and the balance to cooperate with the legislative authority.The success of the parliamentary system in England , to spread to most part of the countries either by tradition or by colonialism , and what was the parliamentary system has starch in England as a result of the events and traditions of their own and that the parliamentary system is not a matter of the Constitution only , but basically building a social and political creation evolution Historically, it is no surprise that dealt with the revision and is subject to appropriate if I want to apply it in other countries, depending on the different circumstances and traditions , so we see that from these countries brought about developments deep in the parliamentary system , as it has worked to strengthen the executive power even surpassed the legislative authority and thus upset the balance in favor the executive power , but within the executive power itself has worked to strengthen the role of the head of state at the expense of the role of the ministry and so disturbed system dual executive power in favor of the head of state , and in this direction came from these countries the traditional image of the parliamentary system to a sophisticated image unconventional.And the importance of the site occupied by the executive power compared to other state authorities , because of the breadth of functions and inflated role at the expense of Parliament in the conduct of the affairs of government in the state and which has become taken for granted in today's world , we have studied and stand on the rules organized under the parliamentary system in both forms traditional and non - traditional. And that the purpose of this study is to state the foundations used by Iraqi constitutional legislator of the Iraqi constitution 2005 for organization of the executive power, and the disclosure of shortcomings in the rules of the organization 's constitutional authority of the executive and its impact on the political reality of Iraq , this is in addition to the extent of correlation between the constitutional provisions governing the status executive power and practice, and through comparison between the situation of the executive power between several parliamentary systems such as England and Lebanon according to the Constitution in 1926 and France according to the Constitution of 1958 and Egypt according to the Constitution of 1971. The study was divided (the executive power in parliamentary systems) to the introductory chapter and two main chapters and conclusion. Introductory chapter is divided on two researches : the first research to study the principle focus of the authorities , while the second research shall be for the study of the principle of separation of powers.Chapter one of the study of executive power in the traditional parliamentary system is divided on three researches : the first research deals with composition of the executive power in terms of how to choose both the head of state and the ministry, while the second research will be the terms of reference of the executive power and how they are distributed between the head of state and the ministry , and the third research is concerned with studying the responsibility of the executive power and that made a statement over political responsibility placed on each of the head of state and the ministry.Chapter two of the study of executive power in the nontraditional parliamentary system , and because of its unique kind of parliamentary systems of departure from the traditional foundations of the parliamentary system , will examine the development of the executive power which through two researches : the first research deals with examining upgrade the center of the and that a President of the Republic statement in the way chosen the terms of reference and the extent of his power in the face of the ministry , while the second r will research to study the power of the executive power in the face of parliament , through a statement The relationship between law and executive decision and the extent of responsibility of each of the President of the Republic and the Ministry.The study concludes with a conclusion include the most important of our findings and the most important recommendations that we propose on the executive branch under the parliamentary system, which was brought by the Constitution of the Republic of Iraq for the year 2005

السلطة التشريعية في النظام البرلماني في ضوء دستور جمهورية العراق لسنة 2005 : دراسة مقارنة == Legislative Authority In The Parliamentary System In The Light Of The Constitution Of Republic Of Iraq 2005 A Comparative Study

اسم المؤلف: شميم مزهر راضي الربيعي
اسم المشرف: كاظم علي عباس الجنابي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: تعد السلطة التشريعية اهم السلطات في الدولة نظرا لما تتمتع به من مكانة بين مؤسسات الدولة باعتبارها السلطة المختصة بتشريع القوانين في الدولة وهي السلطة التي تمثل الامة ، يتمتع السلطة التشريعية في النظام البرلماني بعدد من الاختصاصات فبالاضافة الى اختصاصها ب

الحكومة الائتلافية في ظل دستور العراق لعام 2005 : دراسة مقارنة == Coalition Government Under Iraq's 2005 Constitution : A Comparative Study

اسم المؤلف: شداد خليفة خزعل التميمي
اسم المشرف: سمير داود سلمان الدليمي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Pave the topic : The vast majority of constitutions do not put an end to an officer or an educated guess the future of the proportion of seats that you get the competing lists in any kind of parliamentary elections, and then can not be any list or party to predict in advance the number of seats that will be obtained within the parliament, and whether Cetkfah these seats to play to form a government and then up to the helm of power or you may get a seat converts numbers between one seat to form a government, and the reason for this is that the Constitution puts the general rule for the type of election was only the direct secret ballot, and this is what was adopted by Iraq's constitution in force for the year leaving in 2005 to determine the number of seats to votes.There is also a constitutional texts focused on the necessity of the distribution of parliamentary seats under the pretext of the representation of all, this indicates the Shi it shows that the constitutional legislator has already predicted, and wanted to force the political parties that have entered the field of race to accept the other parties, even if they lower their importance, has won a seat or two seats, but they must lend a hand to the other parties to be able Bmeitha to achieve the required majority. Not to mention that social classes and cultural diversity and sometimes sectarian thought is could lead to heterogeneity within the parliament so the coalition government may be considered as one of the constitutional solutions that the political system may be off the hook completely legal vacuum and frequent formation of governments that may generate already dead not Asthsalha on confidence required by the members of parliament.The coalition government in Iraq, borne out of social reality and the large number of political parties that wish to participate in one way or another or to gain power and to enter the arena of political life. So it was incumbent upon the other parties to accept smaller parties however reluctantly in order to gain the confidence of Parliament.And Iraq are among the most Arab countries, which have seen shifts violent political events since the emergence of the modern Iraqi state in the twenties of the last century and up to the present has been to these transformations events as much as they relate to considerations of interests and policies, international and regional alliances on the one hand and the conflict or convergence of ideas and objectives of the parties various Iraqi political forces on the other hand, in how to manage the affairs of state raised included the overall aspects of life in Iraq, including the political aspects that can be expressed in terms of political effectiveness and political stability. Previous political experience has shown that there is a close between form followed the political system and the efficiency and stability of political Dolh.vfa Iraq relationship can identify a set of indicators by which the performance of successive political regimes measure the extent to which the effectiveness and stability of the politicians and the consequent economic and social progress, including that of the extent of success in the application of the rules of democracy and public freedoms and participation in governance and the peaceful transfer of power and dealing with the Kurdish issue and sectarian issue, including with regard to the quality of the foreign relations with regional and international Oceans.Importance of the study : The importance of research Ptsulaith to eat Iraq partisan composition of which reflected the social, cultural and religious reality and how it affected the political and constitutional approach to the formulation of legal frameworks and political practices and access to popular satisfaction expressed by the political parties of the Iraqi social Alaracah.valbeih consisted of different visions and different religious affiliation different components which reflected heavily on Iraqi society options during the election which led to the disparity in the electoral votes and the secretion of Parliament can say that he is not homogeneous did not get under which any list of the majority required to qualify for the formation of Aovernmh.kma lies the importance of the phenomenon of coalition governments have begun to spread not only Iraq, but in most countries of the world for reasons including the desire to engage the small parties and representation of all the components in order to reach a rational political decisions away from monopoly and domination or individual.The problem of the study : The real problem to the subject of the coalition government lies in the difficulty of finding a compromise formula for the party to attract the largest number of parliamentary seats, which makes it difficult to form a government many The seats scattered inside the parliamentary dome in Iraq, causing him to resort Some parties are forced to enter these seats within the list to be able to form a government and impose their will on these small seats as it does not pose a threat, and which benefited from a temporary stage. The parliamentary elections in Iraq has produced this fact, which called for the matter to the desire of the lists that did not reach the threshold required to form a government initiative to make concessions may amount to its election program in order to enter the largest number of seats to be able to form a government. As summarized study the problem in the elucidation of whether there was a relationship between the nature and form of applied in Iraq's political system on the one hand and efficiency and stability of the politicians on the other hand, or is there another form of political systems can be a better alternative, in the sense alternative that achieves the highest gains with minimal losses commensurate with the nature of Iraqi society combination.The study hypothesis : Consistent with the study, we presented a problem, we proceed from the strong hypothesis "that there is a positive relationship between the form of the system of government on the one hand and efficiency and stability of the politicians on the other hand in Iraq," in other words, that whenever government which will absorber for the combined nature of Iraqi society system whenever he was able to achieve political instability that followed internal stability of the year. Has demonstrated this hypothesis through history many models of global political systems that managed the advancement of society civilized advanced on the ruins of a number of religious, sectarian, political and social conflicts between groups with origins, religions and doctrines of different away from foreign interference, and this is what has been achieved in many countries such as India, which includes social vehicle lineup is very large, as well as the European communities that settled after the religious and ethnic conflicts and its example of France and Britain as well as the United States, which includes a mixture of different religions and ethnicities.The study methodology : Our study of this study as interference in the humanities field that legal studies comprising a part, has been the adoption of the descriptive approach to describe the phenomenon in question and study, as primarily been adopted comparative approach to compare the fact that the message title of a comparative study of models elected Arab countries or non - Arab, and as well as about it, the analytical nature of the study also so analytical method employed in the comparison and analysis. Plan or structure of the study : For the purpose of the study of the subject (the coalition government in Iraq under the Constitution of 2005) divided the study or divided into three chapters and a conclusion.Chapter I : devoted to the study of the coalition government : a theoretical framework, has been divided in three sections : specialize first section, the concept of the government and the coalition government, while the second section was dedicated to the study of the properties and elements of the formation of the coalition government, while the third section, consecrated for the emergence of coalition government .The second chapter was dedicated to the study of the formation of the coalition government requirements, and distributed to the three sections. We studied in the first part, the availability of a parliamentary political system political system as a condition for the formation of the coalition government, while the second section, handled constitutional provisions to help form a coalition government, while the third section, focused on the legal texts to help form a coalition government.Finally, Chapter III : Section two to two sections, the first section defines the nature of the political parties in Iraq after 9.4.2003, while addressing the second section, the political parties in Iraq and its role in the formation of the coalition government.In conclusion, the study conclusion that included the most important findings of the study with a set of recommendations.

اشهار افلاس الشركة واثره على الشركاء : دراسة تحليلية == Companies’ Bankruptcy And Its Effect On The Partners

اسم المؤلف: سيف رشيد لطيف
اسم المشرف: خالص نافع امين المهداوي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون التجاري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The main goal of our research is to study and discuss the commercial companies’ bankruptcy because it is a vital topic nowadays, besides its important effect on the partners as they are the essential core of the companies; thus our research will only focus on three stages of bankruptcy, The stage before declaring the bankruptcy, the stage after the bankruptcy and the stage after the bankruptcy over, besides discussing the laws and legal rules that handle the procedures of declaring companies’ bankruptcy after its conditions and reasons are available, and also the effects that bankruptcy leaves whether they concern the company or its creditors. Choosing the title (Companies’ Bankruptcy and Its effect on the Partners) obliges us to discuss this subject within three chapters preceded by an introductory chapter about the meaning of bankruptcy. We divided the introductory chapter into three sections where section one includes the historical development of the bankruptcy into three main points, the first point includes the early stages of bankruptcy as a commercial system the Roman Empire knew to ensure its control on the commercial life and also to protect commercial life from those who may want to mess it up, the second point includes the bankruptcy at the middle ages and how has this system moved from the Romanian law to the other laws like the French law especially after the commercial development that happened in France after its industrial revolution; and the types of difficulties that bankruptcy faced, the third point includes researching the bankruptcy in the Iraqi law and the comparative law and the early stages where it entered to those laws and its development to get to its current level today, then we move to section three which has been specified for studying bankruptcy concept and its criteria which has included two main points. The first point is specialized for defining the bankruptcy. The second point will be outlining the features of the bankruptcy which has distinguished it from another similar system which is the “civilian insolvency”. The third section was specialized for studying the companies’ bankruptcy conditions and its procedures under the title Declaration of bankruptcy where we divided this section into two points; the first point includes the objective and configurable conditions of bankruptcy in order to avoid opposition to the decision to bankruptcy order, whereas the second point includes the bankruptcy procedures which is concerned with the people who are managing the bankruptcy and the process of hiring them, and also studying the nature of their jobs and the results that will come out of their works in whether to continue the bankruptcy or to stop it. A commercial company Bankruptcy declaration goes through several stages. The stage before declaring the bankruptcy which is the period where the company stops paying its commercial debts, although we can’t incline to the stage of not paying the debts or what is known as the suspicion period until the declaration of the company bankruptcy; we have a special chapter for it, which is the first chapter in order to discuss this period in details where we divided that chapter into three sections. The first section includes the concept of the suspicion period which has been divided into two points, where the first point defines the suspicion period and the second point discusses the legal value of this period through discussing the justifications of the Iraqi legislator and the Iraqi comparative to put this period. Then we move to the second section which is specialized for discussing the period where the company stops paying its commercial debts as it is the period where the company becomes under the suspicion of the legislative, and we have divided this section into two main points where the first point focuses on the concept of not paying the debts and the components of this concept, the second point focuses on how to prove the company stopping payment its debts and also the authority of the court in estimating and evaluating the breakdown after its review to the events which will be taking in consideration in determining the breakdown case. The third section is concerned with the company's behavior during the period of not paying the debts and the legal effect on those behaviors, this section includes three main points; the first point discusses the non - expiry possibility of the company behaviors through determining its concept and conditions and also determining the non - through behaviors and the effect of the bankruptcy on those behaviors. Point three discusses the permissible non - judging law to determine its conditions and also the included behaviors, then the effects of the bankruptcy declaration on it; this point ends with discussing non - judging law of the material insurances which the company does during the suspicion period through discussing the conditions of its non - judging laws and also the effects of the non - judging laws on those insurances. Then we move to the second chapter where we discuss the effects of the bankruptcy on the partners whether those effects belong to the company itself or to the creditors. This chapter includes three sections; the first section is specified for studying the effects of the company itself, through the second section we discuss the effects of the bankruptcy on the partners throughout showing the effect of the bankruptcy on the partners despite the company type whether it is a personnel company or funds company, then showing the effects of the partners in the companies that have the special nature which means the companies that gives the partners the merchant title. In section three we discuss the effects of the bankruptcy on the managers and the management council members of the company through studying the responsibility that resulted out of their management especially in those companies which has no limited number of partners, our research in this topic focuses on specifying the kind of responsibility that the managers or the management council members have through studying the conditions of their responsibilities and also determining the sanctions that would lie on those individuals who run this company, also showing the effectiveness of the bankruptcy rules in handling the managers or management council members responsibilities in the Iraqi law or the comparative law. The second section is specified for the company's creditors; in the first point of this section we discuss the ordinary creditors of the company as the law lays certain legal and financial effects on the company's bankruptcy declaration because the company creditors should be organized in one committee called the creditors group represented by the bankruptcy secretary at the very beginning of declaring the bankruptcy. The second point focuses on the effects of the bankruptcy on the creditors who have privileges whom their credits gave the priority to be paid back whether this is a general or special privilege coming from a property or funding. In section three we discuss the effects of the rights which may be held against the group of the creditors, this group is third party group that the company deals with under future paid contracts, and have discussed the rights of this group by Solitary or termination or retrieval. In chapter three we discuss the ending of the company's bankruptcy and its effect on the partners of the commercial company. This chapter includes three sections, the first section focuses on the ending of the benefits of the creditors group and also the necessary conditions for ending the bankruptcy. The second section focuses on the company's reconciliation with the creditors, as we discussed this mater in two points; where the first point focuses on the judicial reconciliation and the second point focuses on the company reconciliation where the company leaves its debts which comes through the judicial reconciliation but it is deferent from it by the, the company will have to undertake that it leaves the debts for the sake of ending its bankruptcy. In section three we discuss the creditors union as a way of ending the company's bankruptcy. This section has two main points; the first point discusses the meaning of the union and the ways of forming it, and the second point discusses the procedures of the union and its ending which has included several activities represented by continuing operating trade and to winding up endings of the company property, then depositing that money in order to distribute it to the creditors in order to end the union

التنظيم القانوني للفصل السياسي في العراق : دراسة مقارنة == Legal Regulation Of Political Dismissal In Iraq : Comparative Stud

اسم المؤلف: سلمى غضبان المعموري
اسم المشرف: حنان محمد مطلك القيسي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: يعد الموظف العام وسيلة الدولة في ممارسة نشاطها والقيام بواجباتها تجاه رعاياها، فالدولة لا تتصرف ا الا من خلال موظفيها والعامليين لديها في المرافق العامة، لذا فان الاهتمام بالموظف العام تنعكس اثاره سلبا وايجابا على الدولة اذ ا، ومرافقها ان من الحقائق المعت | The public employee considered the state's tool in performing its activities and doing its duties towards its subjects; the state cannot perform its duties without its employees and workers; therefore taking care of the public employee reflects negative and positive outcomes on the state and its institutions; Because the facts recognized that the ability and the efficacy of the government institution in performing its duties decided by the quality of the elements that run it and working within it; may be this fact that has led to the big development of the administration perspective towards considering the human factor as the fundamental pillar for production.The subject of fired employees for political reasons considers among issues that affect on the public employment and in result on the work of the public institutions; where it becomes of concern for a broad group of employees that were fired. This group was dismissed from its jobs for flimsy reasons and irrelevant to the reasons of punishment at all; but the reason of their firing is a right among other rights that guaranteed by the constitution; that is the freedom of the employee to express his/her opinion and adopting his believed dogma.It was not possible to find out about this but through changing of the political regime such as in Iraq; that was when the Iraqi legislator issued the forced law of fired employees for political reasons; it is possible to find out about this law by finding or not if the Iraqi legislator in his forced law of fired employees for political reasons was successful in compensate those who fired part of their lost rights during the years of firing.As we are trying to search through the issue of political firing to clarify whether or not the administration has the right to fire the employees and forcing them to leave their jobs, which consider one of the most important rights that guaranteed by the constitution; As well as the confiscates of administration to the employee's right to express his/her opinion and freedom to hold faith that pleases him/her; and force its employees to join its ruling party or doctrine; Is disproval of the administration of the employees affiliation with their dogma and doctrine can be considered enough reason to question, punish and fire the employees?; in addition knowing how the legislator could handling the law of political fire and eliminate the injustice of administration in firing its employees and dismissing away from their jobs?Based on the previous, we divided this subject to introduction, the three chapters and summary and as follows : 1 - As we deal in the Introductory chapter with the definition of the political firing, by dividing this chapter to two sections : sections one searched in the meaning of the Political Firing while sections two was limited to differentiate between the political firing from the mixture with other systems that can end the employment ties;2 - The first chapter deals with the cases of political firing by dividing it to three sections : the first section searched in leaving the job or resignation for political or doctrine or racial; the second section studied the end of employment as result of withdrawing nationality from an employee or difficulty of starting the job; the third section deals with referring the employee to the retirement before reachingthe legal age for retirement for political, doctrine or racial reasons and3 - The two chapter deals with the outcomes of considering firing as political firing in two sections : section one studies the returning to the employment while the second section searched in the rights and privileges of fired employee for political reasons.

اتجاهات السياسة الجنائية المعاصرة في مكافحة جرائم المخدرات : دراسة مقارنة == The Attitudes Of Contemporary Criminal Policy In Fighting Drugs Crimes : A Comparative Study

اسم المؤلف: سعيد كاظم جاسم الموسوي
اسم المشرف: تميم طاهر احمد الجادر
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: يعد موضوع السياسة الجنائية من الموضوعات المهمة التي تعمل على تطوير القانون الجنائي عن طريق توجيه المشرع الذي يسن القانون, والقاضي الذي يقوم بتطبيقه والمؤسسات العقابية التي تضطلع بمهمة تنفيذ الجزاء الذي يقضي به القاضي بهدف مكافحة الاجرام. وبما ان جرائم ال | The topic of criminal policy is considered as one of important topics which works at developing the criminal law by directing the legislator who enacts the law, and the judge who applies it and the penal institutions specialized in the task of executing the punishment given by the judge aiming at fighting crime. Since drugs crimes are regarded as one of the crimes from which commitment a group of social, economic and health problems are resulted until they became in some countries the crisis of all crises, which necessitate a contemporary criminal policy of a renewing attitude characterized with elasticity and capacity of development to confront the change occurs on this kind of transnational crimes so that it can formulate the criminal legal texts which are keen to insert most actions illegally related to drugs within incriminating circle, as well as determining the punishments and measures which it can face, where the appropriate penalty is the one that its forms, applications or choices are achieved to the possible highest degree of objectives or goals which the legislator thinks the most important and beneficial in fighting drug crimes.The contemporary international criminal policy was interested in fighting the actions illegally related to drugs in any form whether agriculture, industry or trade and taking through determining a group of international agreements in this field directed to extend the incriminating circle by incriminating most actions illegally related to drugs materials except the actions related to those materials for medical and scientific purposes only. Also, the comparable internal criminal legislations varied in their criminal policy orientations determined to fight drugs crimes and their prevention, for some of these legislations set the punishment of execution as an obligatory punishment to the committers of those crimes aiming at trading them due to drug dealers and others who seek illegal gains by the easiest and most available way and do not hesitate in manipulating the interest of various society classes in whom they kill all life constituents by depriving them from their sound conception and their capacity to give; therefore, there is no way to deter them but by adopting a criminal policy of severe attitude in its penal aspect, while other legislations adopted a moderate attitude in its penal policy towards committing one of drugs crimes even if they were committed for mere trade by setting the execution punishment as a possible penalty in case of its non association with one of the legal conditions necessitating the punishment severity. The contemporary criminal policy asserted the prevention roe as a means to fight drugs crimes by revealing the factors and causes pushing to take, have or trade drugs like confronting the risk of economic and social states, and concentrated on taking the means that will limit the illegal drugs trade through working at lessening the demand scale of drugging materials for non scientific and medical purposes, as well as controlling the legal drugs trade through the control system which is considered as one of the important means adopted by the contemporary criminal policy to control the illegal treatment with drug materials and to prevent any leak of those materials to illegal markets. Of the most important controlling instruments set to organize the legal dealing with drugs are the system of licenses and dealing where this system imposes on drug owners the necessity to have written licenses from specialist directions. The criminal policy set to fight drug crimes is interested also in treating the addicts who take drugs in that the contemporary criminal legislations related to drugs tended to grant the judge the estimating power in selecting the penalty against the accused addicted to drug taking or instructing to send him to one of the treating sanatoriums specialized in treating addicts, as well as agreeing on a group of necessary legal conditions to increase punishment severity aiming at tightening the criminal confrontation to crimes characterized with danger on social interests such as drug crimes and estimating some considerations which require severer penalty against everyone who has illegal connection to drugs, in that the function of severity causes is in paving the way to more proper use of the judge's estimating power aiming at achieving a whole appropriateness between the penalty he pronounces and the claim reality conditions which require more severity than allowed by law.

الحماية الجنائية للقرابة : دراسة مقارنة == The Penal Protectionism For The Kinship (Comparative Study

اسم المؤلف: سعيد حسين جودة
اسم المشرف: تميم طاهر احمد الجادر
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: تعد القرابة احدى المؤسسات التي يتكون منها المجتمع، ومحركا للعلاقات الاجتماعية والاقتصادية والسياسية، لهذا فالاهتمام بالقرابة والحرص على النسب من اهم النزعات الانسانية التي تشترك فيها المجتمعات الانسانية قديما وحديثا، وان تفاوتت في هذا الاهتمام والحرص. | The kinship in the community workers organized for the behavior of its members each to each other, and an engine of social relations, economic and political, for this interest in kinship and concern for the ratios of the most important trends humanitarian involving human societies, past and present, and varied in this interest and concern. Kinship in any community need by virtue of its position social to a minimum of care to ensure that its on solid foundations they represent the value of the society's values and interest should be protected because of its benefits to individuals and society together, these benefits are the functions performed by the kinship of the individual and the role of the state outweigh its importance. So it has won its share of criminal protection without sufficient civil protection. It is known that the study of any subject requiring a statement concept and are rooting through his historic statement of what it is. Therefore, the required study the issue of legal protection for kinship in penal legislation - a comparative study, that we are embarking upon a brief review of the most important features of the historic this protection, given their importance in a statement agreed by communities relict of different customs and beliefs to employ those experiences in cemented kinship and sustainability principles love and affection and respect. And then we had to search what kinship statement defined by linguistic and idiomatic. Because kinship system is a social system, was to be a statement of the intended kinship among sociologists and Anthropology and then the statement is intended kinship - in - law has reached a definition of kinship as the Association of Social ratios caused by legal or intermarriage. Then Arzina to show types of kinship in each of the Islamic regulation as the main source for the provisions of the Iraqi Personal Status Law, which is in turn the law inherent to the organization of kinship, as needed, also a statement kinds of kinship in the civil law, where the rules of this law stipulates statement kinds of kinship and divided into grades and showed how to calculate it, one of the important topics that have an impact in the scope statement kinship covered by the specific provisions that came in the penal laws of the care of her. And the fact that kinship is a supreme value in conscience and collective conscience and individual, and because of their importance in the lives of individuals and the community together, it was necessary to address the interest of the prestigious of protection, and the statement of the basic functions performed in the lives of individuals, making the intervention of penal legislation to protect social necessity required interest society and individuals together. The legislator criminal when adopting an interest worthy of protection of the law, it is the use of tools and means of the special, a means and a variety of tools, and we can say that the legislature criminal has mocked a lot of liquid that for the protection of kinship, and most important of these means criminalized any act prejudicial kinship and threatens the permanence and stability, returned them element or condition assumed in the criminalization of certain acts, for example, acts that threaten the marital relationship and stability such as treason marital and come to a marriage contract null and void, as the offense any act that affects the proportions of the child to his parents, the real, as the offense abandoned the family, abortion and the other emotion that has been shed to light in the course of research. On the other hand, the legislature has permitted the behavior of some of the offenses established, any consideration of kinship cause of permissibility, and for the same purpose, and the illness envisaged by the legislator of criminal offenses urgent kinship, a Time, and the stability of family ties, and therefore has permitted the legislature acts of discipline, whether to discipline the wife or to discipline the young, as the legislature has permitted a husband to have intercourse with his wife, unwillingly, has been targeted by criminal legislator behind the permissibility of such control and the stability of family ties guided by the provisions of the Islamic regulation. For the purpose of completing the requirements of the study and take the subject in all its aspects had to be dealt with after a kinship that leave the punishment and criminal procedures. We found that the impact of kinship on punishment manifested in three pictures : Sometimes the kinship cause blocking of punishment, which is the so - called protected reconstructive about, and sometimes the kinship has reduced the punishment, taking into account her, and at other times be a reason to tighten punishment, which can be called for the protection of deterrence almost. But on the impact of kinship on Criminal Procedure has been shown us that this effect is evident in the use of the criminal case where making the legislator to provide near the victim's complaint against his neighbor offender requirement to move the criminal case in many of the crimes that take place between relatives as a crime by weight of marital and robberies that occur between couples or between assets and branches and other crimes defined by the legislator penal limited to, have completed the legislator to protect kinship by stopping continue actions criminal case by giving the victim near the right to transfer the complaint after agitated or Magistrate or forgiveness for the perpetrator or convict. It was a statement following a kinship to some of the means of proof, such as certification and experience, and was finally subjected to a statement after a kinship to the execution of the sentence, where we found that for nearly an impact in stopping the execution of the sentence, as in the case of marriage snap of the hijacked, and that kinship impact on the postponement of execution of the sentence as in the postponement of the implementation of the death penalty for a pregnant woman to protect the branch, which has no guilt in criminal origin. We have been through this for the study of many of the conclusions and proposals that have been included in the conclusion of the message

فكرة العقوبة في التشريع الجنائي : دراسة مقارنة == The Idea Of Punishment In The Criminal Legislation Comparative Study

اسم المؤلف: زينب خليل ابراهيم
اسم المشرف: حسين عبد الصاحب عبد الكريم
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The punishment was the first picture of the social reaction against crime and the offender and the appearance associated with the presence of man on earth has taken punishment in primitive times because the crime represents an aggression on society must be matched reaction is located on the offender has evolved in the identification of human thought and purpose of the punishment ,The punishment was used as a means ( for revenge ) of the offender then became a kind of ( (Atonement) ) such as the evolution of thought punitive then the ( deterrence ) has become a key target for sanctions and then became the target of punishment in the criminal policy of modern means ( ( reform of the criminal and rehabilitation of social life sound ) )The subject of studyThis study ( ( the idea of punishment in the criminal legislation - a comparative study ) )The punishment was based on the idea ( ( aching ) ) has turned out to be insufficient to cope with the crime has evolved the idea of punishment in the penal laws is deterrence and general deterrence core of the philosophy of criminal punishment.Problem of the studyThe problem of the study in determining the standard of proportionality in the field of criminality and punishment and the need to reconcile the criminality and the protection of the rights and freedoms enshrined in the Universal Declaration of Human Rights adopted in 1948 , as well as international conventions and the constitutions and criminal legislation as the right to human life and the right to the integrity of the body.It will clarify the legal scope of this study to the authority of the judge in the criminal punishment estimate as well as the problem of balance in the criminal Qaeda.The importance of the studyThe penalty is the penalty prescribed by the criminal law for the benefit of the community to implement the court ruling on those found responsible for the crime to prevent the commission of the offense once again by the offender himself or by others.The idea of punishment in the criminal legislation of great importance at the present time because of this study guide the legislator to find the best tools in the fight against crime and the large number of penalties primitive such as death , skin and deprivation of liberty through imprisonment and confinement quality of the severe and simple. , And we will address the discrimination punishment for suspected conditions Legal the balance between criminalization and punishment and means to achieve this balance is required in the circumstances , whether ordinary or special.It also shows the importance of the study to answer the following question , what is the authority of the judge in the criminal punishment estimate ? Does politics play a modern criminal role in determining the idea of punishment.The study methodologyThis study is based on a comparative approach for the purpose of clarifying rehabilitation legal idea of punishment of criminal legislation by comparing the policies included in the law , the judiciary and criminal jurisprudence Iraq with a group of criminal laws, Arab and foreign countries as well as the position of the judiciary and the jurisprudence of them, through a review of the provisions of Rule criminal and reflect the differences or agreement or deficiencies between the Iraqi criminal law and comparative law and legal principles to clarify this issue with the use of the analytical method of the legal texts and judicial decisions in order to reach conclusions and solutions to the issues and molecules Thread unclear or not addressed by the law.

رقابة الرئيس الاداري على اعمال مرؤوسيه : دراسة مقارنة == Chief Administrative Oversight To The Work Of His Subordinates Comparative Study

اسم المؤلف: بيداء جبار احمد
اسم المشرف: علي احمد حسن اللهيبي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: تناولت هذة الدراسة رقابة الرئيس الاداري على اعمال مرؤوسيه، بوصفها من الوسائل الايجابية الفعالة اذا مامورست بكفاءة سواء كانت سابقة ام لاحقة، فالرقابة السابقة تؤدي الى تبصرة المرؤوسين في تادية اعمالهم على نحو امثل وذلك عن طريق توجيه الاوامر الرئاسية، اما | This study controlled the administrative head of the acts of his subordinates, as a means of positive effective if Mamorst efficiently whether an earlier or later, surveillance is the former lead to enlightenment subordinates in carrying out their work optimally, by directing orders presidential, either post - audit, they lead to make sure that private business subordinates carried out in accordance with the laws and orders directed to them, as well as the detection of irregularities and deficiencies in the work of subordinates and evaluating through to comment on the work of subordinates. It is recognized that the control exercised by the administrative head the acts of his subordinates are not confined to monitor the respect for the principle of legality not violating any laws and regulations only, but extends to determine the suitability of the administrative work. However, the control exercised by the administrative head of a border must be held on the appropriate laws and regulations, if the head of the administrative ordering presidential subordinates, and the commitment of subordinates to undergo her obedience, the obedience is not absolute, but differ as to whether legitimate or illegitimate. If the head of the administrative control of the subsequent acts of his subordinates and manifestations and authentication solutions, modify, cancel and withdraw the decisions of his subordinates, but the authority to modify and cancel and withdraw the decisions of his subordinates are not absolute, but rather has its limits differ as to whether those decisions organizational or individual legitimate or illegitimate. The study concluded that the most important conclusion we explained the results and proposals.

الاثار القانونية لقرار التحكيم التجاري الدولي : دراسة مقارنة == The Legal Effect Of The Decision Of International Commercial Judgment A Comparative Study

اسم المؤلف: بشير عبد الهادي موسى التميمي
اسم المشرف: صفاء تقي عبد نور العيساوي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون التجاري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:

التنظيم الدستوري للسؤال البرلماني : دراسة مقارنة == Constitutional Organization of The Parliamentary Question A Comparative Study

اسم المؤلف: اديب محمد جاسم الحماوي
اسم المشرف: عامر عياش عبد بشر الجبوري
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدستوري
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: صلاح الدين
الصفحات الاولى:
المستخلص: يتدخل البرلمان بوصفه هيئة دستورية في ادارة الشؤون العامة للدولة، من خلال ممارسة مجموعة من الاختصاصات التي تكرس لمفهوم التعاون والتوازن الذي يقوم عليه مبدا الفصل بين السلطات داخل الدولة. اذ تعد ادوات الرقابة التي يملكها البرلمان في مواجهة السلطة التنفيذي | The parliament as a constitutional body interferes in the general administration of the state by practicing a number of specializations that reflect the concept of cooperation and balance on which the principle of the separation of authorities is based. The number of observation tools hold by the parliament varies in its stand against the administrative authority. It is one of the most important specializations of the parliament. It occupies the first position among the other specializations particularly when observation is taken as the back bone in the evaluation of the government programs and the way by which these programs are implemented to achieve the stability of the state. Probably, one of the most important tools is observation and the right of parliamentary question on which comparative systems rely heavily to direct the government. Despite the non sharp nature of this tool, the practical nature emphasizes its superiority upon the other tools due to its frequent use in the parliamentary work.Due to the importance of the parliamentary question and its role in enhancing the government performance, most of the constitutions in the world have concentrated in mentioning it and surrounded it by many guarantees in order to use it perfectly.Accordingly, the Iraqi legislator in the constitution of the Republic of Iraq (2005) and the rules of procedures of Iraqi parliament (2007) has organized the right of the parliamentary question and circled it with some conditions and regulations. Again, due to the importance of the subject, the present study aims at showing the nature of the parliamentary questions along with its features, aims and types. Then it specifies the rules that govern its presentation and searches for the answer of this question and comments on it, besides the cases in which the question ends and eventually evaluates it.The study takes, in its search for the constitutional organization of the parliamentary question, a comparative tendency with the Egyptian and Jordanian codification in addition to the British and French ones. Some other countries, in accordance with the needs of the study, are also mentioned.The study ends with the most important conclusions followed by a number of recommendations that might help the Iraqi legislator in his Endeavour to organize the parliamentary question and eventually results in insuring its effectiveness as one of the most important means of the parliamentary observation.

الدور الرقابي لديوان الرقابة المالية الاتحادي في العراق : دراسة مقارنة

اسم المؤلف: علي عبد العباس نعيم
اسم المشرف: بان صلاح عبد القادر الصالحي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: التشريعات المالية
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:

الحماية الجنائية للاشخاص من الاختقاء القسري في المواثيق الدولية والتشريع العراقي : دراسة مقارنة == The Criminal Protection of Persons From Enforced Disappearance In International Conventions And Iraqi Legislation Comparative Study

اسم المؤلف: صلاح مهدي نصيف
اسم المشرف: علي جبار كريدي القاضي | هدى هاتف الزبيدي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدولي الانساني
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: البصرة
الصفحات الاولى:
المستخلص: تناولت الرسالة دراسة موضوع الحماية الجنائية للاشخاص من الاختفاء القسري في المواثيق الدولية والتشريعات العراقية من خلال مبحث تمهيدي وثلاث فصول : عالج المبحث التمهيدي فيها التطور التاريخي لجريمة الاختفاء القسري اعتبارا من ظهورها كجريمة ارتكبها النازيون ضد | The thesis addressed with the study of the subject of the criminal protection of persons from enforced disappearance in international convention and Iraqi legislation through the preliminary study of three chapters : Treated introductory discussed where

التقاضي عن بعد : دراسة مقارنة == Remote Litigation Comparison Study

اسم المؤلف: نصيف جاسم محمد عباس الكرعاوي
اسم المشرف: هادي حسين عبد علي الكعبي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: ان موضوع الدراسة هو التقاضي عن بعد والذي يعني الكترونية القضاء، وبما ان القضاء هو احد مظاهر سيادة الدولة فلابد ان تكون الدراسة جديرة بتلك الدرجة التي يمثلها القضاء في الدولة. وعرفنا التقاضي عن بعد هو نظام قضائي معلوماتي يتم بموجبه تطبيق كافة اجراءات الت | subject of the study is Remote Litigation which means using the electronic techniques to apply the judgment, since the judgment is a phenomena for the state's prevalence, so this study must be worthy to the level that judgment represents in the state, an

المسؤولية الجنائية للقنوات الفضائية : دراسة تاصيلية تطبيقية مقارنة == Satellites Channels Penal Responsibility A Comparative Applied Rooting Study

اسم المؤلف: ليلى حمزة راضي حمادي شبر
اسم المشرف: علي حمزة عسل الخفاجي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: النجف
الصفحات الاولى:
المستخلص: Satellites` channels are considered of the most important modern media and the most effective one that exceeded the international limits or the national sovereignty, so the world events are heard and seen ate the moment of their occurrence shorting time a

قضايا النحو في سورة يوسف في كتب التفسير حتى نهاية القرن السابع الهجري == Grammatical Issues In Surat Yusuf (Peace Be Upon Him)

اسم المؤلف: منى صاحب محمد
اسم المشرف: ليث اسعد عبد الحميد
الموضوع العام: اللغة العربية وادابها
السنة: 2014
الموضوع الدقيق: اللغة
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ديالى
الصفحات الاولى:
المستخلص: The honor of any research and its status stems from the theme, the best looking it is the Al - Qur'an, perhaps get the blessings, he is patron the other day, the best read rights before Allah is his words.After this modest effort, I hope that I have been

جدلية الانساق المضمرة في الشعر الجاهلي : دراسة بحسب النقد الثقافي == Controversy Ideology Implicit In Pre - Islamic Poetry : A Study In Cultural Criticism

اسم المؤلف: سحر كاظم حمزة الشجيري
اسم المشرف: عبد الله حبيب كاظم التميمي
الموضوع العام: اللغة العربية وادابها
السنة: 2014
الموضوع الدقيق: الادب
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: القادسية
الصفحات الاولى:
المستخلص: This thesis tagged (dialectic patterns implicit in the speech poetic ignorant - study according to cultural criticism), launched this study of a desire to read literature old, especially hair ignorant of it read modern and contemporary investment techniqu

نمط الاستعارة واثره البياني في التعبير القراني == Metaphor Type And Its Rhetorical Effect In Quranic Meaning

اسم المؤلف: غسان عبد خلف
اسم المشرف: اياد عبد الودود عثمان الحمداني
الموضوع العام: اللغة العربية وادابها
السنة: 2014
الموضوع الدقيق: اللغة
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ديالى
الصفحات الاولى:
المستخلص: Since ancient a metaphor among Arabs formed Paramount great importance in the creative texts, working on the expansion of the meaning and connect the opposites to element of fancy (imagination) that works to activate the signifier and creating of ideas in

الانسجام الصوتي في خطب نهج البلاغة == The Speeches of Nahj Albalagha

اسم المؤلف: ظافر عبيس عناد الجياشي
اسم المشرف: عبد الجبار عبد الامير هاني
الموضوع العام: اللغة العربية وادابها
السنة: 2014
الموضوع الدقيق: اللغة
الدرجة: دكتوراه
الجامعة: جامعة البصرة
اللغة: العربية
مكان الجامعة: البصرة
الصفحات الاولى:
المستخلص: Praise be to Allah, prayer and peace be upon the most honourable prophet and messenger Mohammed AL - Mustafa and his progeny. It is unanimous that the words of Imam Ali (peace be upon him) have fascinated the scientists' and writers' hearts.They have ad

اثر سياق الحال في توجيه دلالة النص : ايات الاداب الاجتماعية انموذجا == The Impact of The Context of Situation In The Directing of The Text Indication : Verses of Social Etiquettes As A Model

اسم المؤلف: سعد صبار عبد الباقي الالوسي
اسم المشرف: يوسف خلف محل العيساوي
الموضوع العام: اللغة العربية وادابها
السنة: 2014
الموضوع الدقيق: اللغة
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: الحمد لله رب العالمين والصاة والسلام على سيد المرسلين وعلى اله وصحبه الطيبين الطاهرين وبعد..فقد رسم القران الكريم خطوطا واضحة اداب الاجتماعية وصاغها بابهى الصور وابعدها عن الحرج، وارسى بها ركائز التحضر بمعناه السامي ارشاد الناس الى السلوك الاقوم واتخاذها | Praise be to Allah, prayer and peace be upon the Messengers and his pure and good family and companions and after this..The Holy Koran shows clear lines of social etiquettes and formulated the best of forms and drifted them away from the awkwardness, usi

الاضراب والاستدراك في نهج البلاغة : دراسة دلالية == Strike And Being Aware In Nahij Albalagha

اسم المؤلف: معتصم جابر محمود الحسيني
اسم المشرف: تراث حاكم مالك الزيادي
الموضوع العام: اللغة العربية وادابها
السنة: 2014
الموضوع الدقيق: اللغة
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: القادسية
الصفحات الاولى:
المستخلص: Strike and being aware In Nahij Albalagha WordPress Theme strike and being aware Mbthotha in the books of grammarians, where no Evrdoa each and every one of them a separate topic, have suffered both subjects of confusion and disagreement as to the level o

البناء الفني في ادب ابن حريق البلنسي == Artistic Building In Literature of Lbn Hareeq Al Andlusi

اسم المؤلف: امير ساطع عزت اوجي
اسم المشرف: نوري كاظم امنسف
الموضوع العام: اللغة العربية وادابها
السنة: 2014
الموضوع الدقيق: الادب
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The literature considers one of the most prominent heritages that the Arab nation prides it, so we must pay attention, studied and published. Literature is the most prominent manifestations of the culture of peoples. My admiration in Arab literature push

شعر المفضليات : دراسة من الوجهة النفسية == The Poetry of Al - Mufadaliyat : A Psychological Study

اسم المؤلف: سلمان جليل ابراهيم محمد
اسم المشرف: منى شفيق توفيق القيسي
الموضوع العام: اللغة العربية وادابها
السنة: 2014
الموضوع الدقيق: الادب
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: ديالى
الصفحات الاولى:
المستخلص: The psychological approach is one of the modern critical approaches to literary text. It stems from a psychological perspective using suitable devices to interpret the codes of the text to get the intention of the text. The study is an attempt to investig

الدلالة القطعية والاحتمالية في القران الكريم == Deterministic Semantics And Probabilistic Significance In The Holly Qur'An

اسم المؤلف: زهور كاظم صادق زعيميان
اسم المشرف: ولاء صادق محسن الاسدي
الموضوع العام: اللغة العربية وادابها
السنة: 2014
الموضوع الدقيق: اللغة
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The importance of this research in the detection of objects in a sign of some verses from the Holly Qur'an and some of the possibilities that arise on the language of the Holly Qur'an in terms of novel or evidence of significance. This study was on the f

المنهـج الاثــري عنـد البحراني في تفسيره البرهان == Heritage Race For Al - Bahrani In Explanation Of Al - Burhan

اسم المؤلف: يسرى جلوب مدلول المسعودي
اسم المشرف: نضال حنش شبار الساعدي
الموضوع العام: العلوم الاسلامية
السنة: 2014
الموضوع الدقيق: علوم القران
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: In this study, being highlight on the most vital topics in Islamic history, and holds the Quran from a position of respect for Muslims & sanctify it, the extent of the relationship between the Koran and the Muslim man, and derive it from the foundations and beliefs and are inspired by verses that fit him matters of religion and worldly, and how he was able Quran that jumps believers giant leaps in terms of thought and behavior and cultural building and content internal to humans, and thus has made them a nation and compromise a witness to the creation, and the monument of workers by allies of God at home, and arguments on the slaves, and this has a Quran interest of Muslims of various sects the methods, if erect his efforts of scientists from every doctrine collection of the finest scientists and specialists to study and go into the midst of concepts and meanings, has been demonstrated for the Shiites forehand honor to contribute to clarify its meaning and questioning verses revealed facts and demonstrate concepts, and competed proudly to enrich the Islamic library, including countless of interpretations that will remain the pride, appropriate time, and eternity. So it engrave the feather lots tenders, and traveling immortal and blessed tree to bear fruit, while every male Well praise & beautiful. This research going into the midst of the events witnessed atheist century AH, the stage represented news intellectual growth summit Shiite front, it was composed in this period, a large interpretive and modern groups, including what thousands of interpretation is proof explanation in science, to one of the great scholars of his time, the Scientist Al - Said Hashim bin Suleiman bin Ismail bin Abdul Jawad bin Ali bin Suleiman Al - Bahrani Al - Husseini Al - Topale Al - Ketkane (died on 1107 a. c. - 1685 a. h.), the doctrine anterior leader in Al - Bahrain at the time, has carried out the collection of the sayings of all that the impact on the household (peace on him), so counting explained complete the fictional interpretations of Imam Shei'a. So, the fundamental to appoint that the research methodology to be divided as follow : Introduction, preliminary, and three chapters, followed by the conclusion for the most important results, as follows : Then spoke in the forward of the about the Hadeeth, the status of the holy Quran and its role in the structure and clarify verses creams, and then instructed to study the archaeological approach in its definition and origin and all its accessories, followed by the chapter one has been divided Al - Hadeeth in to two topics, the study of four demands talked about the life of Al - Said Al - Bahrani and his environment are shown culture, migration and stages of his elders and his students and scientific stature and the most important writings. The second chapter is divided talk it into two sections included the first section four demands provided for the case of the political, social, cultural and scientific age that lived Al - said Al - Bahrani The second section of the second chapter talked about the dimensions of the curriculum archaeologist at the applicants and when latecomers and describe the overall impact of the curriculum archaeologist in the books interpretation.Chapter three, annexation of the two demands and three sections archeological side which dealt with the interpretation of the evidence, while the second section has included three demands dealt with in the first requirement affected vulnerable, and the second requirement which was a statement of what impact of Al - Said Al - Bahrani, after that the conclusion, and models for this vulnerability, the third requires include the scientific value of the approach archaeologist in the interpretation of Al - Said Al - Bahrani, and after the finale, which included the most important results are shown in which capacity Al - Said Al - Bahrani through addressed to multiple doors in his interpretation that saves us intellectually and linguistically heritage huge, demonstrated through intelligent interpreter of scientific & thoughts, in demonstrating the desired effect of the Quran text and the appropriate statement Quran verses precious as counting interpreted the model of interpretation, Al - Said Al - Bahrani and analysis in the spirit of high scientific objectivity and tendency outstanding, through trading books other and diligence in the nomadic and travel for the purpose of finding precious and taking them to be able to comprehensive knowledge of the collection and tabulation of the conversations
الملخص:
المصادر:

بنية الكلام بين المتحاورين في النص القراني : دراسة تفسيرية == Speech Structure Among The Conversers About The Qur’anic Text : Interpretational Study

اسم المؤلف: وجدان مهدي حسين الخالدي
اسم المشرف: صباح عباس عنوز
الموضوع العام: العلوم الاسلامية
السنة: 2014
الموضوع الدقيق: التفسير
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: النجف
الصفحات الاولى:
المستخلص: The structure is a regarded as a way that connects between the human self and the recipient as being a container of the intents which the speaker seeks. There is a relation between the structure and the attitude of the speaker and listener or reader. The Holy Qur’an has concentrated on this phenomena related to the reader or listener, because the Holy Qur’an is a guiding and preaching book with humanitarian functions for all of the humans in every time and place. Its concentration is on the recipient, therefore, the contextual structure in the Qura;nic text fulfilled its role in achieving those functions. The studier of this text, especially the conversational one, find it very deep, difficult and rich with visions, therefore, I went through this subject depending on Al - Mighty Allah, and convinced and eager to write in this field. This study has endowed me with a lot of knowledge; therefore, it came as follows : 1 - The preface : it included a definition and a historical view of the concept of speech, conversation and structure, it came under the title : Structure, Speech and Conversation - Critical approach”.2 - First chapter : in it, the structure of speech between the conversers is tackled on the structural and semantic levels, and its effect on interpretation. The structure of the word on this level becomes valuable and its expressive ability within the structural context through the text which includes the relations of building the sentence and connecting its rules.3 - The second chapter is entitled “The Structure of the Conversation in the Qur’anic text and its Interpretive Effect on Conversation Patterns”, the Qur’an is accurate in the terms used to express its aims and intents in various contexts in conversations and styles taking into consideration the situation and the occasion. And when reading them carefully, we can sense the nature of the conversation, whether it was external (direct or indirect) or internal.4 - The third chapter is dedicated to reveal the effect of the structure of the conversation on the interpretational methods represented by the method of the Qur’an - Qur’an interpretation, Qur’an - Prophetic tradition interpretation and Qur’an - Rhetoric interpretation.After going through the subject, the following results have been reached : 1 - There is a difference between the speech and the conversation; the speech is greater than the conversation, for the speech is full of different styles which could be unrelated to the conversation, but the conversation is part of the speech. 2 - The structure of the conversation in the Holy Qur’an is not subject to time or place, but in fact it is a comprehensive conversation that is related to every time and place for the recipient and it holds interpretational functions and other functions as well.3 - The structure of the conversation in the Holy Qur’an with all its various types is preceded by a preface which becomes an opening for the mechanisms of conversation, which is something not familiar in the human conversations. Therefore, this matter constituted a miraculous point in the Qur’anic conversation, where the structure of the conversation in the Holy Qur’an became an extension of the structure of the preface which is reflected in the interpretational coherence of the subject.4 - The research discovered a miraculous point that has never been noticed by others, whenever the rhetoric performance in the structure of the conversation in the Holy Qur’an varied, the coherence increased. On another hand, this coherence will serve the interpretation of the text
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جهود عطاء بن ابي رباح في التفسير : جمع ودراسة == Efforts Tender Bin Abi Rabah In The Collection Interpretation And Stud

اسم المؤلف: يـوسف عبد علي المحمدي
اسم المشرف: محمد شاكر عبد الله الكبيسي
الموضوع العام: العلوم الاسلامية
السنة: 2014
الموضوع الدقيق: التفسير
الدرجة: ماجستير
اللغة: العربية
الصفحات الاولى:
المستخلص: efforts tender bin Abi Rabah in the interpretation of the Koran name : tender bin Abi Rabah Alerkshi (Abu Mohammed) born in the year 27. AH and died in 115 AH have lived part of the adult and Ommiad The affected sheikhs who have contributed to the formation of cultureAnd more school were the owners of the Prophet, peace and blessings be upon him (the prophet) and followers have had evident effects in the interpretation and has praised many scientists and has been a prominent figure in the school Aristocracy and most of inspiration And more school were the owners of the Prophet, peace and blessings be upon him (the prophet) and followers have had evident effects in the interpretation and has praised many scientists and has been a prominent figure in the school Aristocracy and most of inspiration
الملخص:
المصادر:

دور الدين في السياسة الاقتصادية اليهودية المعاصرة - السياسة الزراعية في فلسطين انموذجا == The Religious Impact In The Contemporary Jewish Economic Politics Agriculture In Palestine As A Sample

اسم المؤلف: احمد طعمة ماضي الجابري
اسم المشرف: عقيد خالد حمودي العزاوي
الموضوع العام: العلوم الاسلامية
السنة: 2014
الموضوع الدقيق: علوم القران
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: After the clarification of the main points in the beginning of Judaism and its establishment and the phases of the intellectual development and the reasons that had an active role in the change of the intellectual direction in addition to the sources upon which the Jewish conception has been built and its impact in their policies especially the economic policy where that was very apparent through the size of the economic impacts that were imposed on the Palestine economy through devastating the most important basics of economic development by destroying the agricultural economy in Palestine. We would like to mention the most important results that we have reached in this very research : 1. Employing the religious side and arousing the religious motivation in the Jewish to come back to Palestine. 2. The disqualification of the Jewish to establish a country because they do not have its basic factors for they all come from different areas and there is no harmony among the components of the Jewish society hence all their attempts came to failure.3. It is only religion that sustains the Jewish because they take of it as a frame to all their attempts whether on the social, economic or political sphere. 4. The teachings of Talmud are the clearest picture for the Jewish state of mind, yet it is revelation to the bottom of their hearts.5. All false pretenses of Jewish in the association to prophets are false claims. 6. The Torah that Allah sent down to Moses has been lost and the Torah that they have has been falsified by Ezra.7. The religious deviation of the Jewish has been a vital factor in the establishment and continuity of the Zionism where the religious conceptions were used and integrated with plans and political goals of which the occupation of Palestine.8. The devastation of Jewish for the Palestinian agricultural sector by seizing the natural resources such as confiscating the land and seizing the water resources.9. the act of Jewish for the demographic change of the Palestinian land through the Judaization of Jerusalem as a beginning to the Judaization of all the Palestinian land. 10. The Jewish have weakened the Palestinian economy by enclaving the productive and operating capacities by a set of economic policies such as seizing the water resources and transfer part of the water resources to the neighboring countries. We recommend all the learners including the economic ones to concentrate in all sectors in particular the agricultural sector for its importance in the development of societies and the building of self - sufficiency so that we can stand out in front of all the challenges that the global Zionism has been planning for toppling the Islamic Sacristies.
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التجديد في البحث الاصولي : الشيخ المظفر والدكتور الزلمي انموذجا == Renewal In The Search Fundamentalist Sheikh Muzaffar, Dr. Alzlami Model

اسم المؤلف: صـبرية علي صالح
اسم المشرف: شهرزاد عبد الكريم توفيق النعيمي
الموضوع العام: العلوم الاسلامية
السنة: 2014
الموضوع الدقيق: اصول الفقه
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The renewal in jurisprudence is not in itself the essence, but re what Anders and Antms it and understand it, and apply it to reality and its innovation, accidents and calamities emergency, and innovation in the science of assets taken legitimacy of modern apostle : «God sends to this nation at the top of every one hundred years of renewed her religion »(), and being in accordance with the regulations must be upheld to maintain this science for renewal shall be valid and acceptable, such as : to preserve what is fixed and authentic and understanding of religion necessarily like : hard in Islam legislation that does not vary by circumstances and conditions, and can not be to be replaced diligence Vahkamh fixed no matter how life has evolved, because the interests that were taken into account in the legislation fixed, and built on hard it is fixed, and is this consistency in the faculties of law and their assets public, and to maintain also the fundamentals of this science developed by the forerunners of scientists assets Kalmstalhat and semantics texts. The renewal shall be in branching, which did not provide them Iisos legitimacy, particularly with regard to the fields of life - changing, it was left to Ullac things and imams and judges the field of diligence in their investigation and applied by all available means and modern methods, and study and implementation and renewal on as prescribed religion of purposes, Download Mjmlath and pregnancy guidance on actually assigned to each era and place. In addition to the care of necessities and excuses and exceptional circumstances, the Almighty God proceeded to a judgment of what is not enjoined provisions commissioned only part of the costs for the facilitation. There are two types of renewal : renewal in the fundamentalist approach, such as : contemporary investigation, where DAI carefully and new wire through the new, renewal and systematic, which means re - wording of Article fundamentalism, according to a scientific methodology agree life in the minds of scholars and learners. And innovation in the curriculum and the content of the fundamentalist, such as : academic renewal, and renewal which some threads or fundamentalist one. And renewal of scientific solo done by specialists in this science of scientists fluent, such as Shaykh al - Muzaffar, and Dr. Alzlami, where as new as well as the methodology in content fundamentalist, the Restoration in the foreground and further clarify some of the terminology of fundamentalism and divisions of duty and the implications of the texts in terms of visibility and invisibility and Almlazmat mental and others.The research plan : Has necessitated the nature of the subject, and to make it on the article : Introductory chapter titled : Find the vocabulary definition (renewal, search, and jurisprudence, and the biography of the two sheikhs and Muzaffar Alzlami), and three chapters are as follows : Chapter One : The title : the emergence of jurisprudence and codification of the theme and Astmadadh and curriculum authoring it, tracing the roots of science assets in Arab and Islamic heritage, and its codification, and the ways in which authorship.And made in two sections for each Study of two demands : The first topic : the emergence of jurisprudence and its codification, and falls beneath two demands : The first requirement : the emergence of jurisprudence.The second requirement : codification.The second topic : Multi jurisprudence and Astmadadh, and authoring the curriculum,And falls beneath two demands : The first requirement : Multi jurisprudence and Astmadadh.The second requirement : the curriculum authoring and vocabulary.Chapter II : Renewal fundamentalist between the reservation and the legitimacy and its applicationsContemporary, and dealt with the study of the legality of renewal, and do respect the knowledge without the other, or category without the other, and study controls relied upon renewal, a statement of what is and what it, and know the implications of fundamentalism that could Asag renewal where, and to highlight the impact of Islamic development, innovation and connotations when contemporary fundamentalists. It includes two sections : Section I : Trends in the renewal of fundamentalist and legitimacy, and fallsBeneath it are two demands : The first requirement : the fundamentalist trends in the renewal.The second requirement : .parwaah renewal fundamentalist.The second topic : Renewal fundamentalist controls and its applications, and falls beneathTwo demands : The first requirement : the fundamentalist controls renewal.The second requirement : the fundamentalist renewal applications.Chapter III : The renewal when the fundamentalist Sheikh Muzaffar and Aalzlami, which showed innovation in the methodology of this science when contemporaries such as Shaykh Dr. Muzaffar Alzlami, and the archaeological study of the implications of its new content. It includes two sections : The first topic : Renewal in the fundamentalist approach, and falls beneath two demands : The first requirement : the systematic tab.The second requirement : Sort topics fundamentalism.The second topic : innovation in content fundamentalist, and falls beneathTwo demands : The first requirement : Introduction and Definitions.The second requirement : divisions : the provisions of the Koran, sectionsDuty, custom Almlazmat mental, and excuses, linkAware of assets law.Then the conclusion of the most important findings of the researcher
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منهج الاستدلال القراني عند اهل البيت (عليهم السلام) : دراسة تفسيرية

اسم المؤلف: صادق عبد الله راشد الحسن
اسم المشرف: صباح عباس عنوز
الموضوع العام: العلوم الاسلامية
السنة: 2014
الموضوع الدقيق: العلوم الاسلامية
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: النجف
الصفحات الاولى:
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المصادر:

ايات الشمس في القران الكريم : دراسة تحليلية == Sun Verses in The Holy Qur'an Analytical Study

اسم المؤلف: دينا فلاح احمد السامرائي
اسم المشرف: نوح زرنان عبد الجبار
الموضوع العام: العلوم الاسلامية
السنة: 2014
الموضوع الدقيق: علوم القران
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: صلاح الدين
الصفحات الاولى:
المستخلص: The sun is a huge astronomical object It is the central planet al the solar system and all other plantes become round The Sun is almost looks likc spherc and it is containes a lot of gases such as hydrogen helium and many other minerals like gold uranium carbon and lron.The great quraan exposes the benefits of creating the sun and consider it as one of evidence that refers to God.There are many verse of the Ouraan describes the sun as an truly evidence by conjunction with the moon and a big miraculous.This matter must let the human beings to think of this huge creation and make him a Read believer.In the old ayes we found that there are many people who worshipped the Sun like the old Egyptians as they were worshipped the god ( Raa ) and it is the god of Sun and it was sympolited by the disk of the Sun. The old Egyptians were considered the Sun as a Source of power and energy. The Hindus and the Budist were also worshipped the Sun and the Holy Quran tells about the poly theists in general and in a specific matter about who worshipped the Sun. The Holy Quran states that the Sun is a creation considered to serve the human beings and to be worshipped. This statement was discovered since fourteen Hundred yeurs a go telling that the Earth looks like a big ball and it is moving continuously and that referi that the earth is a spherical and not extended - Another example is the occurrence of day and night sequencely. The evidences of the holy quran is very specific by describing the sun and its movement, and if we make a comparison between the hole quran and the prevented a bible and the torah we will find a huge distance between the holy quran and the other two books, that is because god is keeping the holy quran safe and far from distortion, augmentation and diminution, and that is not happening for the other two books. The only case to gather the sun and the moon is at the judgment day, and the will be not shining and to be a dim plant as the holy quran is describing it, and we should thinking of this scene
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المصيبة في منظار القران الكريم : دراسة موضوعية

اسم المؤلف: خمائل سامي مطلك السراي
اسم المشرف: مهند محمد صالح
الموضوع العام: العلوم الاسلامية
السنة: 2014
الموضوع الدقيق: التفسير
الدرجة: دكتوراه
الجامعة: جامعة بغداد
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
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الاعجاز السردي في القصص القراني : دراسة تفسيرية قصة موسى (عليه السلام) انموذجا == The Narrative Inimitability Of The Koranic Stories (Interpretational Study) The Story Of Prophet Moses (P.B.U.H.) As An Example

اسم المؤلف: حليم عباس عبيد
اسم المشرف: صباح عباس عنوز
الموضوع العام: العلوم الاسلامية
السنة: 2014
الموضوع الدقيق: العلوم الاسلامية
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: النجف
الصفحات الاولى:
المستخلص: The importance of the research lies in the light of the narration for its great importance in communicating the Koranic discourse and its effect on the recipient who remains attracted to the narrative style. The style followed in narrating the stories has a great effect in comprehending the facts and accepting the meanings which serves in revealing the function of communicating the ideas of the text especially in preaching and guidance for the recipient.The aim which the researcher pursued is to reveal the effective inimitability of the holy Koran, on one hand, and on the other hand, the researcher aimed to comprehend the term “narration” and the Koranic narration structure. The purpose is to prove that that the Koranic narration structure is a miracle in itself. This is a proof that Koranic miracle is a miracle for all times and places.In addition, narration participates in the interpretational process development of the Koranic text, therefore, the researcher conducted a procedural process on the level of both narration and interpretation and revealing the relation between them. This led the study to be varied between the analytical, objective and descriptive method.The study is divided into a preface and three chapters. The preface included revealing the basic concepts of the title. In it the origin of narration and its roots in the Arab and western thought through referring to its historical path and its rise.The first chapter came under the title “Inimitability and the Nature of the Koran Stories”. It is an attempt to reveal the Koranic Inimitability, on one hand, and the Koran Narrations Inimitability, on the other. The chapter included six sections.The second chapter is entitled “the Structural Inimitability in the Koran Narrations Inimitability” which is an attempt to reveal the Koran Narrations Inimitable narrative structure of the Koran stories, taken the story of Mousa as an example for application, it also included six sections.The third chapter, “the Features of the Narrative Koran Narrations Inimitability in the Koranic stories” discussed some of the stylistic features of the Koranic text taken the story of Mousa as an example for application, it also included six sections.Finally, the research is concluded with a conclusion in which the main results are mentioned followed by a list of references. The main results reached through the study are; Inimitability of the narrations lies in its uniqueness in the Koranic text which has no match ever. The Koranic story is not compatible to any literary critical standards. As for the element of time, each story in the Koran has its own time and the time element in the Koranic story is absolute which has no ties except for the past. As for the characters in the story, they are not divided into fixed patterns, but instead, it focus on the role of each character and its positive and negative effects compatible with the time of the story.
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اثر اسباب ورود الحديث في توجيه معناه == The Reasons Of Mentioning Of Hadithh In Directing Its Meaning

اسم المؤلف: ابتسام زكي عبد الصاحب حسين
اسم المشرف: علاوي سادر جازع الدراجي
الموضوع العام: العلوم الاسلامية
السنة: 2014
الموضوع الدقيق: العلوم الاسلامية
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The study tries to tackle of the sciences in hadith sciences and determine the reasons of mention the hadith and the consequence resulting from the hadith. In order to achieve the objective sought behind it, a number of references and resources which would contribute to the achievement, especially those related to hadithAnd its sciences and the hadith encyclopedias, we also relied on the books of interpretation and doctrine and the historical narration and ethics. All this was used in accordance to the need and the nature of the requirements of the study. The study is divided into three chapters preceded by an introduction and ending with a conclusion. In the introduction we tackled a behind summary of theappearance of this term in the writings of the old authors and the most important books in them with reference to some of the contemporary efforts in this, Chapter One tackles some of the contemporary efforts which was subdivided into third inquiries : the first inquiry is about the effect of the reason of mentioning. Some of this is juridical and the other is legal, or doctrinal. In terms of doctorial, the meaning of doctrine Chapter Two tackles the importance of the mentioning of the hadith and the consequences of its manifested in the surface of meaning. Third chapter was an attempt to show the reasons of the mentioning of hadith in interpretation tackling some of the Quranic texts. The reason for the mentioning the hadith had the greatest effect in explaining themand revealing its meaning in the first inquiry, and in the second inquiry is about the effect of hadith mentioning in the development and decorum and the education of Muslims. Then, they course of behavior in life is determines and becomes a reality. This study resulted in a number of findings the most important of which : (1) the holy hadith is not less than the position of the Holy Qur’an, especially in relation to the deduction of the legislative, juridical and doctrinal, as the second source of legislation after the Holy Quran. (2) The importance of shedding light on the direction of meaning and its manifestation to get its share of attention just like the other sciences. This science equals other science of the reason of descending that sometimes it is difficult to distinguish them.
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الحصانة الدبلوماسية في الشريعة الاسلامية : دراسة مقارنة بالقانون

اسم المؤلف: مصطفى جعفر عجیل الابراهیمي
اسم المشرف: عباس ال كاشف الغطاء
الموضوع العام: العلوم الاسلامية
السنة: 2014
الموضوع الدقيق: الشريعة
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: النجف
الصفحات الاولى:
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فقه المعاملات العقارية في العراق : البيع انموذجا == Jurisprudence Of The Real - Estate Transactions In Iraq Selling As An Example

اسم المؤلف: رؤى محمد صادق محمد جواد الحكيم
اسم المشرف: محمد علي هاشم الاسدي
الموضوع العام: العلوم الاسلامية
السنة: 2014
الموضوع الدقيق: العلوم الاسلامية
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: النجف
الصفحات الاولى:
المستخلص: Through investigating the issue of real estate transactions in Iraq and revealing the rules of selling, we can list the following results that are reached : 1 - Al - Mighty Allah is aware of every detail and determined a rule for each one to be applicable and easy for people.2 - What is meant by the real estate transaction is the land and all what lies upon of building or plants and is subject to the rules of selling and others.3 - The jurists divided the lands according to several considerations but the most comprehensive one is according to its ownership.4 - The public property is for all Muslims and has no deed unlike the individual property.5 - The public property is different from the partnership property and the endowment property. 6 - The public property is a property of the whole nation and the guardian should run it in a way that serves the public benefit.7 - The Imam ownership is the position of the Imamate and not a personal property of the Imam and it allows a personal right for the one who runs it.8 - Through the research it has been revealed that the deed of the land cannot be owned and remains under the control of the Imam. 9 - The matter of running provides priority to take action except for the ownership. 10 - The ways of construction can be taken from the lexicons, history books and narrations. 11 - When suspecting whether the land can be constructed or not, it’s better not to.12 - Most of the lands in Iraq are conquered.13 - it is not allowed to sell the lands of Iraq that are conquered which proved with evidence, it allowed to sell the right utilization and not the deed of the land. 14 - It is not allowed to sell Al - Anfal lands, but the Imam has the right to sell the right to run the land for whom who desires. 15 - It is proved that the land is owned by Allah, his prophet (p.b.u.h.) and the Imam after him, they allowed running the land until the return of the missing Imam.16 - The final result reached is that we can apply the rules of land on the lands of Iraq.
الملخص:
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مشيخة الكتب الاربعة عند الامامية : دراسة نقدية == Sheiks Of The Four Books For Imamates : A Critical Study

اسم المؤلف: محمد مرتضى محمد علي المظفر
اسم المشرف: محمود حميد مجبل
الموضوع العام: العلوم الاسلامية
السنة: 2014
الموضوع الدقيق: العلوم الاسلامية
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: النجف
الصفحات الاولى:
المستخلص: ان تاليف كتب المشيخة مهمة جدا في تصحيح اسانيد الكتب الروائية - وخاصة الكتب الاربعة ؛ لان المشيخة من المناهج الرجالية المتبعة في تصحيح الاسانيد فهي مثل فهارس الكتب والمصنفات الى اقوال الرجاليين - الا ان الفهارس اعم من المشيخة.كما ان شهرة الكتب والا | The study concludes a number of results that could be summarized as following : - 1 - Throughout studying criticism, in general, the literary and the prophetic hadith in particular, it became clear that narrating, then criticizing, the holy narration had an important effect on the Arabic criticism literature development.2 - Composing the Sheiks books is a very important step in ratification the narrative books chain, especially the four books, because Sheiks books is of the followed hagiographic methods in ratification chain such as the books bibliographic, classifications and hagiographic, yet the bibliography is more general than Sheiks books.3 - The fame of the books, principles and classifications is, for the earlier scholars is sufficient that the chain could be neglected, yet the chain that the classifier referred to could be mentioned, especially that some of the late scholars. After Al - Toosy, had depended on the chain and the methods.4 - Al - Sheik Al - Sodooqh is the first who put the book of Sheiks books to be attached to his Al - Faqhiyh as a new method that support his book authentication and a way to the books and classification. There is no former attempt in this field save what was ascribed to Sheik Hasen bin Mahboob Al - Terrad ( Kottob Al - Mishiyakha) which is of the missing books, and that of Ja`fer bin Basheer Al - Bajelly which also missed.5 - Al - Sheik Al - Sodooqh has mentioned most of his methods to the authors of the principles in Sheiks books some of them is known in the famous bibliographies of his period which most of them are lost after the fourth century of Hegira. 6 - The Sheiks of Al - Estbsar is a repetition of the Sheiks books of Tahdheeb Al - Ahkam, but Al - Sheik Al - Toosy had combined in his two books between the method of Al - Sheik Al - Kulainy in his Al - Kafy by mentioning the chain in full and the method of Al - Sheik Al - Sodooqh in his Al - Faqhiyh by refereeing to the Sheiks books or the bibliography to supplement the chain of his two books narrations.7 - Most of the methods of Al - Sheik Al - Sodooqh II in his Al - Faqhiyh are that of the sector Sheiks in Al - Tahdhibeen as well as referring to the masters of Al - Kulainy who are mentioned in Al - Tahdhibeen.8 - Al - Kulainy had has mentioned most of his methods to the authors of the principles in the chains of his Al - Kafy, they are agreed, sometimes, or disagreed, in another times, so that would facilitate recognizing considerable methods to be adopted, and the weak or unanimous to be studied. There are some principles and books that Al - Kulainy had adopted in his Al - Kafy yet he did not refer to their method or referring to it as discontinued or continued
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الفتاوى الكبرى - الفتاوى الفقهية للشيخ احمد بن حجر الهيتمي (ت 974هـ) (من بداية باب القسمة الى نهاية باب امهات الاولاد) : دراسة وتحقيق == Major Advisory Opinions By Shaykh Ahmad Ibn Hajar Al - Haytami (Died In 974 Ah)(From The Beginning of The Chapter of Adjudication To The End of The Chapter of Ummahat Al - Awlad) An Investigatory Study And Commentary

اسم المؤلف: ئاواز عثمان سعيد
اسم المشرف: احمد عباس العيساوي
الموضوع العام: العلوم الاسلامية
السنة: 2014
الموضوع الدقيق: الفقه
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: ومما لاشك فيه ان الشريعة الاسلامية شريعة الهية سنها الله تعالى للبشرية صالحة لكل زمان ومكان، فعلى المسلم معرفة امور دينه منها ولا يقبل منه الجهل باحكامها، حيث قرر العلماء القاعدة الفقهية ( لا يعذر الجهل بالاحكام الشرعية في دار الاسلام )، فعلى المسلم ا | This thesis is an investigatory analysis and commentary on "Major Advisory Opinions in Jurisprudence" - from the beginning of the chapter of Adjudication to the end of the chapter of Ummahat Al - Awlad, which is written by the scholar Shihab - iddin Abi Al - Abbas Ahmad bin Muhammed bin Hajar Al - Haitami. This thesis is intended to be presented for obtaining the Doctorate Degree in Islamic Sciences - Department of Law (Shari'a) in the field of Jurisprudence.There is no doubt that Islamic shari'a is a divine law enacted by God Almighty for humanity and is valid for all times and places. Muslims are bound to have knowledge of the matters of their religion and that to be ignorant of which is unacceptable. Scholars have established the juristic rule that "ignorance of the provisions of shari'a does not absolve man within the house of Islam". A Muslim should learn those provisions of Islamic Shari'a that relate to his life and personal affairs, such as worships and dealings, according to the nature of his status and occupation. Understanding Shari'a is strictly related to the Science of Jurisdiction which is one of the basic sciences of Shari'a and most widely known and associated with the lives of people. For this reason our ancestors exerted steady and tireless efforts to acquire this science and delve into its secrets. The Imams among scholars and jurists - beginning from the companions and subordinates and through all Islamic ages and in various countries until the present time - undertook to work out, write down, compile and classify Shari'a provisions and judge and give advisory opinions about them and apply them. They bequeathed a rich juristic wealth with which to boast to the world and thank God for it and pray they be nicely rewarded for them. This wealth is now divided among proponents of the major juristic doctrines adopted by the Islamic world. The importance of the foregoing facts has prompted me to occupy myself with writing this thesis.Plan of research and studyIn this paper I employed the following method of investigatory analysis : I divided the discussion into an Introduction and two parts.The Introduction sets out the nature of the subject, its importance and the reasons for my choice of it. I also referred to the difficulties that I had encountered in the course of writing it. The Introduction also contains the plan of research.Part one, is the body of the study and is divided into three chapters : Chapter one deals with the era in which the author flourished. This chapter comprises three sections : Section one review the political situation; Section two considers the social conditions; and Section three deals with the scientific and cultural status of the author.Chapter two deals with curriculum vitae of the author and is divided into three sections : Section one is devoted to the author's career. It comprises ten points : (1) his name, genealogy and surname, (2) his birth and upbringing, (3) his study and travels, (4) his doctrine, (5) his creed, (6) his Sufism, (7) his positions, (8) his contemporary scholars, (9) Praises he received from scholars and (10) his poetry.Section two deals with his matters and pupils as well as his death. It comprises three points : (1) his masters, (2) his pupils and (3) his death.Section three is devoted to his works which are many in number and mostly widely known.In Chapter three I attempted a definition of the book and my method in the study. It comprises two sections : In Section one I mentioned the authenticity of the book, its ascription to the author and the time of its authorship.In section two I stated my method and my work in the research and gave a description of the hand written copies used.The second part of the thesis deals with an investigatory analysis of the book.I then supplemented the investigated text with the three questions for purposes of comparison as required for the investigation, with the exception of the first part of the manuscript to compensate for what I have missed in my comprehensive study of the life of the author. I appended the text with the necessary indexes and a list of the sources and references.
الملخص:
المصادر:

غسيل الاموال : دراسة فقهية مقارنة

اسم المؤلف: نوري شرهان كاطع
اسم المشرف: حاتم عبد الله شويش
الموضوع العام: العلوم الاسلامية
السنة: 2014
الموضوع الدقيق: العلوم الاسلامية
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: النجف
الصفحات الاولى:
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المصادر:

المنهج النبوي في التعامل مع الشباب : دراسة دعوية

اسم المؤلف: لزكين علي طاهر
اسم المشرف: محمد ابراهيم زنكنة
الموضوع العام: العلوم الاسلامية
السنة: 2014
الموضوع الدقيق: العلوم الاسلامية
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
الملخص:
المصادر:

فرائد الفوائد لاحمد بن سليمان بن كمال باشا(ت940هـ) : دراسة وتحقيق

اسم المؤلف: عمر اياد ابراهيم حمودي السامرائي
اسم المشرف: احمد حسن الطه
الموضوع العام: العلوم الاسلامية
السنة: 2014
الموضوع الدقيق: الفقه
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: There is no doubt that the Islamic jurisprudence of the most important science that have contributed to nation - building and widening turf, and the entry of different nations under its banner, because the jurisprudence of the basis of justice, and the goal of ensuring the rights and conservation, and to achieve freedom endorsed by the Islamic religion, and remove the differences, and the elimination of class differentiation, because it is derived from proceeded not done wrong in the hands of his successor. The Lat this flag when she attended a student at the College of Great Imam, and in each stage of the study Ischgffine this science love and I read new topics where and what of God Almighty Ali admission graduate had never in my mind that I write in science is science of jurisprudence, and this is what Thankfully it was the Lord of the Worlds. When I wanted to choose a theme integral to the Masters study found that of the best Maigdmh one of the nation that reveals the heritage that brought down without blocking forgetfulness was a pillar of its renaissance, and a manifestation of civilization, and the fruit is ripe fruits of thought and culture has instructed me to some specialists, Dr. Yunus Kaddouri Kubaisi Parts of God richly rewarded on the manuscript (Fra?d benefits) to the son of Kamal Pasha God's mercy and what I've read and found the doctrinal issues and fundamentalist Nafisa, and also the issues in the science of the Arabic language as well as other sciences. There have been initially of achievement, but when seen by some sheikhs specialists encouraged me to achieve them; Because the sciences needed by the jurist and the fundamentalist and others in their study, which is not far from the Hadith; but at the heart of this science Vetoklt to God and began to collect copy written five found them, and you achieve them, thank God, the Lord of the Worlds. The nature of the work required to achieve this text swore that the two Zbgahma Introduction showed the cause of optional achieve this manuscript and systematic work. Has allocated the first section (Section school) to study the life of the author and the study of the manuscript and the methodology of the owner, and a statement in a systematic investigation was divided into three chapters : I spoke in the first chapter of his life and its effects, came first topic to talk about his name and lineage, and his fame and title, and his birth and upbringing, and said the reason he left the military action and he returned to continue the application of science. The second topic and ensure its position statement on scientific and scholarly in it, and said his elders and his students, and then show its effects, recalled his death. The second chapter devoted to the words of the book and the methodology of the son of Kamal Pasha. Stood in the first section on the name of the book and attributed to the author, the book then stated materials, and the importance of the Arabic language and the fundamentalist al - Faqih, and showed the importance of the book and its resources. Turning to the second topic to approach the author explained his method of presentation of the material and referring to sections in the book during the book and explained the terms mentioned by the author and the use of the way the question and answer in his commentary.The third chapter was because of corroborating reports, his character, and in a systematic investigation. Stated in the first section of his martyrdom and Koran readings, and then talk martyrdom of Prophet Mohammad, then the words of the Arabs. It showed in the second section of his personality, which was the scientific secretariat and its responses to the scientists, and opinions.And the third section devoted to the statement, manuscripts and systematic description of the investigation by describing the linear versions adopted in the investigation, and reported their location, and then showed the routes starting in the investigation of the original copies of the manuscript and the end of the bows that I used in the investigation.The second part was to realize I will mention in the text and content are being overwhelmed by the book and worked Technical Indexes of Quranic verses and readings and the Hadith and flags.Conclusion and ensured the remembrance of the most important findings. If each search difficulties, have I encountered in my research this phrase of the odds, and most important of all the suffering of a research student in Iraq, which is difficult to navigate in libraries because of the security situation experienced by the national Aziz Farjallah agony. But many Menen God, thank God. Finally, I stand to raise my hand to the maker to reward administrators and professorial Sheikh Dr. Ahmed Hassan al - Taha brand Midze righteous good encouragement to continue the search - minute follow - up taught me much of what you do not know him, thank God.I also thank all of did to a beautiful word, even in the preparation of this research. And Praise be to Allah, the Lord of the Worlds.
الملخص:
المصادر:

احاديث السخاء في الكتب التسعة : دراسة وتحليل

اسم المؤلف: عبد الله عنتر احمد الناصر
اسم المشرف: فهمي احمد عبد الرحمن القزاز
الموضوع العام: العلوم الاسلامية
السنة: 2014
الموضوع الدقيق: الحديث
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
الملخص:
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