Author name:
محمد كامل عويد
Supervisor name:
عبد الرسول شهيد عجمي
Abstract:
Undergraduate Studies in Dhi Qar province dealt with (Almentvk) previously many aspects of modern and contemporary history, it has meant, especially in the recent period studied some of the institutions that have had a significant in the evolution of the city and provide, as an institution of education, health and so on of affairs, which helped thus to probe the depths of the areas you are not known, although there was possessed of information they are few, and then he went inside academic institutions in the province to work on the preparation of the relevant studies that address various areas of the history of the province, for the purpose of enriching the definition of inheritance of civilization in the region which helps to revive the experience and revive its history, the fact that this region has a full inventory of civilization and accumulated, it must therefore advancement of this responsibility and play the role of a researcher, investigator for information that leads to the achievement of the target and the desired service in the scientific process. Although studies have recently started going to this trend, however, that the judicial institution in the province lacks the efforts of researchers study, but we can say that there is a reluctance to clear and evident from such studies, and this applies even to specialists in the judicial side, Valaam mostly from those hardly has only few information about the institution to which he belongs and the beginning of its appearance and formations, and here I took a study of this institution which Tptdo with the beginnings of the modern Iraqi state and the emergence of boarding Faisal Bin Al Hussein in power in Iraq until 1958. It is obvious and acknowledged that the study of the laws and judicial institutions is not easy, but mired case of difficulty and hardship, particularly in the era was a turbulent and politically and administratively stable occupation perched on Iraq and the country shackled agreements and treaties and conventions to ensure the continuity and sustainability of the occupier interests of the base class. The judicial organization was in its infancy main pillar of justice in the country's semi - paralyzed, if not disabled in full, as it was limited and the existence of these courts in certain areas and not others, and can attribute the reason so many conditions comes in the forefront of the financial hardship that was experienced by the country, as the court was a great need to professionals in the judicial side of the staff, especially if we know that after the departure of the Ottomans from Iraq got a state of the focus of vulnerability; Aladliyn due to leave the bulk of the staff, this was a cause for action to disable the courts. Iraq has been counted and Almentvk penalty of the first countries that are found on the back of the globe where the early legal and judicial legislation governing the affairs of the people and preserve the lives and property and regulate their affairs emerged, the strength of the state and occupy a prominent place and have a voice and the shrine Aziz not Adham political status does not knocks can not be achieved only through the existence of a society dominated by a state of stability, and raise the case of injustice and inequity and injustice, and the best way to achieve this goal be achieved by having systems and constitutions and laws and regulations governing the community and determine the relations of people so they do not get the case extended by individuals on the children of the community account. Legislation has become the most prominent manifestations that reflect the amount of urbanization Nations and unfold the degree of progress and thinking, if the legislation SOBER solid del personal nation, independence and assumption of a prominent place among the nations, and if the legislation in the nation in harmony with Hui other and meet the desires of a particular class anchor for influence Profile tiny came less to demonstrate the weakness of the nation and Anhana?ha. The first beginnings of the emergence of modern judicial institutions has coincided with the announcement of the Basic Law, which draw the judiciary in the country, and that judges are independent and no authority over them except that of the law, as the law guarantees runs the case to the independence of the judiciary as among the types of courts and make it three times depending on the function that They are entrusted with the safeguarded from interference in their affairs. The study was divided in three classes ensure each season, including two sections The first chapter included the first part, in which the civil and criminal clans suits who goes by the tribes in the solution - khasomadtha heterogeneous system, since the state took into account the application of such a fact that the tribes of their customs and traditions, tribal values that adhere to and make the system its constitution (unwritten), and a tool to resolve - khasomadtha and then the difficulty of applying civilian regimes any regular courts on these, the tool essential for the implementation and enforcement of the decisions of the system or the law they are vested in the elder of a clan and we dealt with in this section also customs, traditions and Sunan clan, which is the foundation for organizing diets sons of the tribes, and the second part in which she dealt with the regular courts and the beginning of its appearance and the most prominent tion and those who made it. For the second chapter dealt with the first section of it tribal claims system during the period of the year (1932 - 1945) drawing on statistics - about crimes and incidents occurring in the district center and Aqdath and respects, and singled part of this section of the Revolution of Suq in 1935 and trials carried out by the Israeli occupation authorities against those who the instigators of the revolution, as were a variety of sanctions ranging from the record to the death penalty and torture in the region through the payment of fines and the demolition of houses and castles style. THE second part regular courts, together with reports and statistics on developments throughout the accident brigade dealt with among the important issues that occurred during the period of the forties (murder case Jffers) and the conduct of the trials for the accused incident of killing those with taking samples of Major General and district courts decisions, coupled with the decisions issued by the court of cassation Iraq, and walked on the same approach when he addressed the third quarter. The most important sources relied upon in the study are the subject of the documents obtained from the National Archives and the National Iraqi books and documents, both the Royal Court, the Ministry of Interior, the Court of Cassation clan, which provided me with information on the subject of the study. The other source, who adopted him a book Baghdadi Penal Code, as amended, which provided me with legal materials relied upon to clarify and demonstrate the legal substances that defendants prosecuted accordingly. The difficulties that I faced during the preparation of the subject of research, they are many stands in the forefront of my injury to plunge sharp disc, which prompted me to undergo surgery in Turkey, and other difficulty is not as important as its predecessor it is the lack of historical sources that were not rare, and damage to other sources that it was possible that Trsn Thread larger as he told me based on the courts in the center of the province damage binders belonging to them during the events that took place in 1991 and the subsequent, also did not provide me with the Ministry of Justice in any piece of information, it reminded me of the employee in charge of the ministry that Arcifam not transferred from the previous ministry, which suffered damage As a result of the work of the bombings. With all of the saw should be - and what is available - to look at this issue and I serve men specialists Elimination and those interested in scientific research and investigation about the innovations of the human mind and the functioning of the systems and the keenness of the good men to achieve justice and fairness oppressed, and I am not claiming Etienne something new, but I was afraid this missing link between foundations and organizations in the past and the present, eliminating the judiciary, particularly in the towns of Dhi Qar, I came out and put it in place and my intention is not only of practical science service of the country and the provinces of Dhi Qar and God's help and strength
