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دراسة في القانون الدولي الانساني والقانون الدولي لحقوق الانسان == A Study In The International Humanitarian Law And The International Law Of Human Rights

Author name: نغم اسحق زيا
Supervisor name: عامر عبد الفتاح الجومرد
General topic: Law
Specific topic: International Humanitarian Law
Degree: Doctorate
University: University of Al Mosul - Collage Of Law - Department Of Public Law
Language: Arabic
University location: Mosul
First pages:
Abstract: The international humanitarian law is considered as that ancient branch of the public international law, whose legal rules have been crystallized through many decades, taking the form of both customary and conventional rules codified by general conventions since the nineteenth century in order to provide the legal protection to the human being and the different kinds of civil property during wars or armed conflicts, it also helps control combat acts and methods by restricting the parties’ right to use whatever they desire of the combat manners and methods to mitigate the sufferings and pains and to minimize the losses arising from these situations whether they be international or internal and encountered by individuals whether they be civilians or militants it is worth noting that this law includes many specific and detailed criteria governing the period of wars and armed conflicts to protect many categories of human beings facing different risks resulting from combat acts as well as providing for a group of measures contributing to enhance the protection it gives to the individuals and the ways of supervision upon which it depends to control the extent to which the parties to wars and armed conflicts are obliged to enforce its rules and to record the violations committed against its rules which can simultaneously be considered as violations perpetrated against human rights and categorized as crimes attributed to the state and the individuals committing them. Whereas the international human rights law is regarded as a modern branch of the public international law originating in the wake of the second world war fought in the twentieth century, given that the human rights have been internationalized after the war because the states have conceived that the regulation of the international relations must be made according to the principles of human rights as well as being incorporated within the field of public international law. The international human rights law, laid down by the international community and which includes general abstract rules that aims at protecting the human being and that is formulated as international and territorial, general and special treaties in addition to the protocols attached to them characterized by its rapid and wide dissemination, is distinguished owing to the fact that it does not govern the relations among the states but it imposes a minimal level of protection embodied in the rights and liberties awarded to the individuals, below which the states cannot descend. The objective of this law is to guarantee a good and sound government for the individuals and its main characteristic is that it provides for the legal rules stipulating general criteria for the protection enjoyed by all the human beings without any discrimination among them and for any reason to protect them from any transgression, assault, abuse and negligence made by the governments, it is worth bearing in mind that this protection includes prohibiting all kinds of the acts and events which impair the protection given to any right enumerated in this law, additionally, these criteria are marked by being applicable in all periods of time and places whether in the time of peace or that of wars and other different kinds of armed conflicts. This law has also indicated the methods by which these rights are guaranteed and reinforced as well as laying down an efficient international control system implemented by various international organs through countless methods and ways. It is especially notable that both these laws in question have similarities and differences which this research works has taken pains to determine and illustrate. Having studied all the relevant aspects of these laws. This dissertation has taken into consideration their meaning, history, development as well as the organs and bodies helped lay down them and their evolvement. Through keeping track of the sources from which these laws originated and which will assist in determining their relationship with some well - established basic principles of the public international law, particularly, the principle of sovereignty and the principle of the interdiction of use of force in international relations which will reveal the true picture and situation of the relation existing between both these law especially as early as the internationalization of the human rights which are considered as the subject - matter of the international human rights law. Considering that the perspective of the organizations involved towards these laws has affected and acted upon this principle, its nature and their relationship characterized originally by the complete separation between these laws. Which did only change by changing the positions taken by these organizations with the existence of the common aim facilitating the convergence and interdependence of both these laws owing to the common application of these laws on the same situations, and this is what the first chapter has reviewed, but the study of these laws will not achieve their objectives unless the profound attention is given to the scope of application of both these laws from its three main aspects, that is to say, the periods of time at which these laws are applied, the persons they are obliged to protect in addition to the rights given to them, which will disclose more similarities and differences between these laws, and this is the topic of the second chapter. Like the question of the determination of their material, personal and objective scopes of application, the question of the enforcement of both these laws, including the limitation of the persons concerned with enforcing these laws, their respective responsibilities and their types as well as determining the measures of execution and the methods of controlling or supervising the execution, has also the same importance as the question of determining the scope of application, and this is what the third chapter has taken into consideration having particularized the smallest details and the foundations of both these law, we traced easily the way these laws have adopted in treating jointly the human being, i. e. the integration and to focus on the principle characters of the protection which are guaranteed by both laws, occur the necessity of developing the specific provisions concerning the different types of persons, and the protected rights.
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حماية المدنيين في النزاعات المسلحة غير الدولية : دراسة نظرية بالقانون الدولي الانساني

Author name: ﺧﺎﻟﺪ ﺳﻠﻤﺎﻥ جواد
Supervisor name: عصام عبد الرزاق العطية
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
First pages:

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

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

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

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

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

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

نظرية المصلحة في الطعن الجنائي : دراسة مقارنة == The Theory Of Interest In The Criminal Challenge Comparison Study

Author name: محمد عباس حمودي حسين الزبيدي
Supervisor name: حسن عودة زعال حبيب الغانمي | عباس زبون عبيد العبودي
General topic: Law
Specific topic: Criminal Law
Degree: Doctorate
University: University of Al Mosul - Collage Of Law - Department Of Public Law
Language: Arabic
University location: Mosul
First pages:
Abstract: لاريب ان اهمية المصلحة في الطعن الجنائي بوصفها مصلحة قانونية تمثل هدفا ساميا، جعلها تستحوذ على جانب كبير من عمل المشرع والفقيه، كما انها تمثل محورا تدور حوله اجراءات واسباب الطعن لكل من تظلم من قرار او حكم صدر ضد مصلحته او لم يستجب لطلباته على اقل تقدي | Undoubtedly, the importance of interest in criminal challenge, as a legal interest that represents a lofty aim, occupies a great aspect of legislator or jurist job. Also, it represents pivot of challenge procedures and reasons for anyone who complained of a decision or judgment pronounced against his interest or his demands have not been responded at least. On the other hand, the importance of interest in challenge becomes obvious when it relates to reasons of challenge that belong to a law mistake or procedures invalidity. This makes it relevant to both sections of criminal law. The Iraqi criminal legislator disregarded organizing and manifesting judgments that deal with interest in the criminal challenge, as well as he disregarded organizing a general theory for invalidity in the law of penal courts origins. In order to shed light on essence of interest in the criminal challenge and to determine its historical, legal, international and constitutional basis. In order to shed light on the role of legislation and criminal judiciary to incarnate the interest as an important principle in criminal challenge in legislations and legal applications compared in this study, Therfore the plan study responded to all this date & formation form tow parts. The First is : essence & base of interest in the criminal challenge. The second is : The legislative role of the interest in the criminal challenge theory & it's judicial applications. Part one collapse Tow Chapters, Chapter one deals with the essence of interest in the criminal challenge, concept and principles. Also deals with it's definition, it's conceptions, the basis of interest in criminal challenge, it's limiting, distinction between it & other similar subject. Whereas Chapter two deals with the basic of interest in the criminal challenge in ancient western &eastern legislations, Islamic law, international law and constitutions. Part Tow also contain tow chapters, in the first chapter we study the legislative role of interest in the criminal challenge in the field of substantive and procedural clauses throw the legislative policy of legislator the effect of criminal description of crime to the interest in the criminal challenge. In chapter Tow, the researcher reviewed the judicial applications in Iraq the judicial system of, France, Egypt, Syria, Jordan & Libya according to the comparative study. Finally There are many conclusions of this study which may explain the role & important of the interest in criminal challenge , there are many recommendations contain many suggestions adaptation some of article of Iraqi law of penal courts origins which have a relationship with the interest in the criminal challenge

قبول الاجنبي في اقليم الدولة : دراسة مقارنة == Acceptance Of Foreigner In The Region Of The State Comparative Study

Author name: محمد جلال حسن عبد الله
Supervisor name: جعفر محمد جواد الفضلي
General topic: Law
Specific topic: Private International Law
Degree: Doctorate
University: University of Al Mosul - Collage Of Law - Department Of Private Law
Language: Arabic
University location: Mosul
First pages:
Abstract: تعد ظاهرة التنقل من اقدم الظواهر التي عرفتها البشرية فما من حضارة الا وعرف اهلها الانتقال من مكان لاخر، بهدف طلب الرزق او بحثا عن الملجا الامن، وغير ذلك. ولعل من اكبر تحديات القرن الحادي والعشرين ضمان تمتع كل الافراد في جميع انحاء العالم بالامن وحرية | Travelling is one of the most ancient phenomena in the history of mankind. All the civilization witnessed the movement from one place t another and the reception of the foreigners for living or looking for save refuge. Feeling of security and freedom of movement are the main challenges of the 21st century because they are fundamental personal freedoms are assured by all the constitutions. In the present time, it is impossible to find a country without foreign subjects because of the social and economic interest and the development of the communications. This leads to the emergence of an important problem namely the foreign subject. Of course, this will lead to the conclusion of many international conventions. In each society, there are nationals and foreigners but the distinction is the national law. All the legislations of the country deal with the nationals without mentioning the foreigners. By foreigners, it is meant the people who never have the nationality of the country. When the state mentions the nationals this implicitly means that the state has already determined the foreigners. The notion of foreigners has seen societies namely Greek and Roman the foreigners were deprived of all rights and they were called as Berbers and they were considered as slaves and they were looked down. The Islam came with international call and the message of freedom and equality. The Islamic world is a religious and political unity known as the Homeland of Islam in order to distinguish it from other non - Muslim countries which are known as “The Homeland of War”. Those people are known as the non - Muslim subjects in Islamic country “Ahl Al - Themma”, and in our modern age, this status has bee developed as the intellectual and philosophical concepts. All the countries have already taken certain measures and procedures in order to accept foreigners in their regions. In fact, this subject has been the care of many judicial discussions. It has bee given wide as well as narrow interpretation according to the interest of the states and this will have positive and negative impact on foreigners and their freedom in travelling. Therefore, the general view of the principle of regional sovereignty is no longer sacred as it was before. This is due to the fact that there is an increasing need of international community and close relations. It is important to add that such countries give more rights to foreigners as a result of the requirements of international common living and the reciprocal interests. Some countries incline to have conventional agreements might enjoy more rights according to international treaties. These treaties confine the principle of equality. The doctrine confirms that the foreigners have minimal limits of rights. This does not mean that the right of entrance is absolute without taking into consideration the general situation of the receiving country or these are certain conditions which must be met in order to allow him to enter. If we agree that there are certain conditions for the security of the state do these conditions are applicable to all foreigners or there are some exceptions? All the countries require a passport and a visa. The foreigner cannot travel or exercise his rights unless he has these two elements. When these conditions are met the foreigner must have authorization in order to have a residence for an agreed period of time or it is mere a transit. The foreigner has certain obligations and any violation will be sanctioned. Moreover, he is under the control from which the nationals are free.The foreigner is obliged to leave the country whenever his residence comes to an end. But he cannot leave without being assured that he has done all his obligations whether financial or social or economic. Sometimes the state can expel the foreigners whenever its national security is jeopardized. He is also expelled when he behaves in a way sanctioned by law or when he enters in an irregular and illegal way or he has been sentenced by another country or this can be applied according to a treaty of extradition. All these procedures must be followed according to legislation agreed upon. Now, the foreigner is also concerned with all the legislation of the state where he lives. He enjoys all the rights dictated by human existence. This is mentioned by the international law which guarantees the minimal limits of rights for foreigners.Consequently, the present study points out the notion of foreigners and the historical development of this subject and the international frame of entrance and residence in any country. This determines the rights and obligations of foreigners according to the applicable rules concerning the diplomats, aliens and refugees. It explains the sovereignty and regional borders and all the economic, political and administrative aspects for treating the foreigners in Iraq. The researcher determines the general rules of entrance and residence of foreigners in this country. Because all the prevailing conditions are not so suitable for what is going on the international theatre, the researcher proposes a change of most of the articles of the present law No (1180 of 1978 especially the situation by foreigners and their treatment in Iraq in the future when stability and law prevail.

حلف شمال الاطلسي وحفظ السلم والامن الدوليين : دراسة قانونية == Nato And Maintain International Peace And Security Legal Study

Author name: عمر عبد الحميد عمر النعيمي
Supervisor name: عامر عبد الفتاح الجومرد
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
University: University of Al Mosul - Collage Of Law - Department Of Public Law
Language: Arabic
University location: Mosul
Key words:
  • حلف شمال الاطلسي
  • حفظ السلم والامن الدوليين
First pages:
Abstract: يعد حلف شمال الاطلسي من اهم الاحلاف العسكرية في القرن المنصرم وابرزها، لاسباب عدة منها على سبيل المثال وليس الحصر، دوره في فرض الامن في منطقة ستراتجية مهمة الا وهي شمال الاطلسي، ولانه يضم اكثر دول العالم تقدما تقنيا وتكنولوجيا، فضلا عن ذلك فان لديه ا | NATO is considered one of the most important and international military pacts which had been established doing the last century, and this due to several certain reasons. for example the main target of this organization is to impose security over an important and strategic area. Further more, this organization has many legalistic and military capacities. Hence, after the collapse of Warship pacts and the break up of it involved in security conflicts which means uncovering of eastern front of the pact towards various and serious risks either ethnic or religious and this due to the weakness of the economic structure of the republic and most of then don't applied the concepts of democracy. In addition to that most of these republic have weapon of mass destruction.NATO became an aimless one, as we knew each pact has a specific aim i.e. a specified enemy. especially after the collapse of both warsho pact and Soviet Union, NATO became an aimless organization, so it stroly searched for a certain issue which would be appropriable with its role and fifth expectations for the next period. consequently. for these above mentioned reasons and for other unknown one the organization put a certain basic aim for it which is the expansion towards the east so as to join many measure and bilateral treaties. Expansion here doesn't contain the membership of those states only but it included the military from work which is due to the widening of geographical field of the pact. Therefore this also contained the targets and the tasks of this pact, which is the most important point, NATO has determined the scope of its geographical action in the north Atlantic are in accordance with its charter so as to maintain international peace and security throughout this area. Consequently, after its expansion throughout its specific aims and tasks the area of the Northern Atlantic become as a conventional one of the pact. Further more another extents were determined so as to enable the pact to take effective measures and give attention to its basic issues, which first of them is to face the threatens of the security of its area and the main economic interest. Therefore the pact under various stipulations can intervene even far from the extents of its traditional action. In addition to that, there is a explicit legal contradiction within the situation as a wrole, hence, the pact has been able to play a semi - inter nation role in the concerning its relationship with the UN, as we know that the NATO has adopted all the purpose and the special principles provided in the UN charter and it make them as legal rules which can help it to do its tasks. It is worth mentioning, the charter of the pact don't contain any legal measure which may be used to deal with the oranges of the UN especially, with the security council, its main aim is to maintain international peace and security.Security council should be in formed about any actions that the pact may take in the case of collective defense. Then, the problem here is that the legislator of the pact didn't discuss the relationship between the pact and the security council, this means there is deliberate ambiguity by the pact legislators in order to make the above mention relationship an unclear and observe one, so as to give the pact more freedom to do its military operations. After the expansion of the pact, this operation resulted some effects which nay affair the previous explanation. So these effects didn't explain for with what international organ it was? But the operation was mentioned in Washington and Rome conferences so as to attach the NATO to the UN. Generally speaking, and without determine which is the organ that the pact is connected? and the legal problem which is resulted after the expansion of the pact is the capability of the pact to intervene in although, there is an arrived attack, and this what actually happened in (Yugoslavia) and the security Council decided that there was threatens to international peace and security, but there is no aggression or an armed attack event may be considered an explicit contradiction with what Article 61 of the UN Charter provides Moreover the above mentioned Article is the main base for the pact to do its actions. A/v these justification and another criticism for the expansion operation i.e. the criticisms of pecistimitics, the socialists or the expansion operation made these criticisms the legality of NATO more weakened. As we knew there is no contradiction between the military pacts and the UN charter although that the league has some stipulations. It's worth mentioning, the important topic about the NATO is the nature of its actions. Practically, there was a lawful problem that at the time, of Warsho pact and the Sovit Union, this pact must be a member in the security council. add to that the charter of NATO encourage the operation of armaments but it mentioned it tacitly, and it expressed its expansion its tasks limited with the question of the legality of the pact more and more, from the other hand its wide intervenes and many actions which may make the UN as the legal rule for its actions, the pact sometimes stand against the UN or may compete with it. In spite of what above mentioned NATO has been achieved a kind of stability in its traditional area, actually NATO can face any probable dangers and this is considered as an essential aim that most of the military pacts aim to attain it.

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

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

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

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

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

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

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

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

فلسفة العقوبة في القضاء الجنائي الدولي == Philosophy Of Punishment In The Criminal International Judgment

Author name: احمد عبد الرزاق هضم نصيف المعيني
Supervisor name: براء منذر كمال عبد اللطيف الطائي
General topic: Law
Specific topic: International Criminal Law
Degree: Doctorate
University: Tikrit University - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Salahaddin
First pages:
Abstract: 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

النظام القانوني للممثل التجاري : دراسة مقارنة == The Legal System For The Commercial Representative A Comparative Study

Author name: صدام سعد الله محمد حميد البياتي
Supervisor name: نسيبة ابراهيم حمو الحمداني
General topic: Law
Specific topic: Commercial Law
Degree: Doctorate
University: University of Al Mosul - Collage Of Law - Department Of Private Law
Language: Arabic
University location: Mosul
First pages:
Abstract: بالرغم من الاهمية الكبرى للممثل التجاري في تنشيط حركة التجارة على الصعيدين الداخلي والخارجي بوصفه من اهم الوكلاء التجاريين في وقتنا الحاضر فضلا عن وكيل العقود. ومع ذلك فان الممثل لم يحظ في العراق بتنظيم قانوني منذ عقد الثمانينات، بل لم تلق الوكالة التجاري | In spite of the great importance of the commercial representation on the interior and exterior levels as an agent of contracts he has not been given the required legal system in Iraq since 1980s. Even the commercial mandate has not the aim of an objective legal system neither in the Iraqi law of commerce nor in special law passed for it.Consequently, this will lead to legislative gap in this concern and at the same time it is a good impulse for us to study not the commercial mandate with all its categories as commercial representation, contract agency and commission mandate, for fear that our study should be highty descriptive but our study concentrates on commercial representative because this subject has not been treated yet at least in Iraq. Therefore, the present study is divided into four chapters. The first one deals with the commercial agent, his definition and the nature of his work from legal point of view and distinguishing him from his counterparts because of the lack of an agreed definition of representation mandate we conclude a definition of the representative agent as an in dependant and professional commercial agent representing the interests of one merchant or more and he concludes contracts and attracts the clients. He does these functions for the benefit of his mandator and for his account in specified region. He has also his office and he chooses his representative and he pays all their commission and wages. We also reach a conclusion that the commercial representative is an agent of special type and he enjoys certain characteristics distinguishing him from all types of commercial agents. As for the second chapter it analyses the contract of commercial representation. We do not go through the bases of the commercial representation but we point out the particularity characterizing the commercial agent in forming the contract. The characteristics of this contract have also been explained. We concentrate on the fact that it is a contract based on complete representation and on common interest for two parties besides the personal consideration. It is important to add that the profession of the commercial representative has certain objective conditions. Among these conditions we mention his independence and professionality. Moreover, the formal conditions have been embodied by the registration in special register known as the register of commercial agents. The third chapter tackles the legal status of the commercial agent. It throws light on his rights which are reflected by fulfilling commercial acts by his name and for his own account. He has also the right to represent new mandators without taking any permission form his original mandatory and he has also the right to be represented by another person. He has the right to oblige his mandatory to compensate him if the looses his agents. This chapter studies all the obligations imposed on the commercial representative, from these obligations we mention that he has no right to compete his mandatory during the time of his contract. He has also the obligation of excuting all the transactions related to the conditions of guaranties and the obligation of the service after sale. The fourth chapter treats the guaranties which can be a good help for the commercial representative in order to obtain all it is due to his mandatory. From these guaranties we mention the right of solidarity and his privilege. The contract cannot be eternal and his mission ends whenever the contract comes to an end.As far as the contract of commercial representation is based on mutual interest is has been taken into consideration by some comparative legislation. This system becomes more obvious through the restrictions imposed by these legislations on the will of the mandatory and his commercial representative in ending the contract based on mutual interest. The more the clients increased the more profit the mandatory gains and the commissions of the representative will increase.Out of the present study, we try to show the particularity of the commercial representative which can distinguish him from his counterparts. This will help reach to legal system for the commercial representative suitable for his particularity

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

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

النظام القانوني لعقد خدمة المعلومات الالكترونية : دراسة مقارنة == The Legal System For Electronic Information Service Contract

Author name: لبنى عبد الحسين عيسى السعيدي
Supervisor name: جليل حسن بشات الساعدي
General topic: Law
Specific topic: Civil Law
Degree: Doctorate
University: University of Baghdad - Faculty Of Law
Language: Arabic
University location: Baghdad
First pages:
Abstract: ان شبكة الانترنت احدثت تغيرا جوهريا في نقل وتبادل المعلومات، واختصرت الزمان والمكان، واصبح العالم بفضلها قرية كونية صغيرة، انعكست اثارها على ابعاد متعددة، اهمها البعد القانوني، اذ برز اثر هذه الشبكة على الوسائل التي تتم عبرها العقود، فاذا كان التعاقد عب | The internet has made substantial changes to the ways that individuals interact and exchange information. The changes to these inter - personal interactions have resulted in a reduction in the time and effort required to interact. This affects many dimensions of an individual's life, including how they conduct their legal affairs. The internet has impacted all aspects of the practice of contracting; from negotiation, the exchange of consent, drafting of contract terms and the execution of contractual obligations by each party. All of these activities can be conducted by electronic means. All aspects of contracting have been impacted by electronic commerce. The ownership of tangible materials and the provision of services are increasingly being procured on - line. In this study we will consider whether the traditional forms of contract law are sufficient and appropriate to regulate emerging electronic service. We have chosen the subject of “the legal system for electronic information service contract” for our dissertation. The report will consist of three chapters preceded by an introduction. In the first chapter we have sought to clarify the essence of electronic information service contract. We have therefore dealt with three main subjects. First we commenced by defining the relevant contracts in order to shed some light on their essential characteristics. Next we considered some of the philosophical arguments about the nature of this contract and have compared some of the different perspectives. This is an important aspect of the dissertation because there are differences of opinion in this area particularly as to whether this contract has a special nature at all. At the end of this chapter we have considered international standards that are being applied to the relevant contract. We have discussed how these international standards may assist to inform developing research and legal reform. In the second chapter we have concentrated our study on the formation of this contract. Then we identify the parties of this contract and their subject. However this contract is kind of mutual contract. This causes a difficulty in characterization due to the special nature of the contract. Therefore we try to demonstrate the most important obligations which are interludes of the agent and the client and their liability.In the third chapter, we have considered the need for the law to properly support people who seek to create electronic service contract. We take the position that the law should provide the ability for individuals to make a choice about the kind of contract they wish to make. It is more important that the law is relevant and properly supports contracting activity rather than restricting the nature of the contract. We therefore have set out the debate in this matter with some careful detail. Initially we clarify the ability of the party to choose the relevant law for their contract. Then we discuss the inflexible standards that currently exist in the law. We apply a classical method of conflict of laws to simplify the debate and then finally we test the applicability of the rules of electronic commerce to these contracts. We conclude by explaining our own opinion on the issue. In the conclusion of our study we have stated our findings and made our recommendations regarding electronic information service contract. We make a number of recommendations for legal reform that we hope will serve as a basis for changes to the law in Iraq

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

Author name: صبا فاروق خضر الدليمي
Supervisor name: بان صلاح عبد القادر الصالحي
General topic: Law
Specific topic: Financial Legislation
Degree: Doctorate
University: Mustansiriyah University - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
First pages:
Abstract: The topic area of that's Dissertation is Taxes, The tax is one of the important financial resources on which they depend states to finance their own public budgets as it is one of the indirect tools of state intervention in the economy and in the re - distribution of national income is an important tool to achieve a number of political, economic and social objectives.In order to be tax work active and successful there is a need for a set of procedures and mechanisms Perhaps the most prominent of the tax examination and tax examination contributes to the large amount of tax justice when by checking the outcomes of taxable.And adjust the processes of settling accounts and tax collection and prevent cases of tax evasion or reduce them in order to achieve revenue , which constitute a large part of the General budget.Tax examination is an important process through which examine the financial statements submitted by the taxpayers , whether they are natural or legal persons examined critically and carefully to get to the smallest details such lists if they were truly expressive of the nature of this activity or not.If they were such lists expressive , it is estimated in accordance with the tax law in calculating the amount of tax and if they did not express the result of activity , it is estimated in recognition administratively , so the examination of tax is very important and necessary because it shows us the real activity of the taxpayer and therefore back the public benefit of the state treasury.And contributes to tax examination taxpayers to pay attention to the vocabulary of accounts submitted to the tax administration because they will be informed in advance that these accounts will be checked thoroughly if it has been treated by the tax audit and inspection department.

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

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

التنظيم الدستوري والقانوني للعلاقة بين السلطتين التشريعية والقضائية في العراق : دراسة مقارنة == Legal And Constitutional Arrangement For The Relationship Between Constitutional Legislative And Judicial Authorization In Iraq Comparative Study

Author name: انتصار حسن عبد الله محيميد
Supervisor name: ميثم حنظل شريف
General topic: Law
Specific topic: Constitutional Law
Degree: Doctorate
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
First pages:
Abstract: تناولت الباحثة دراسة التنظيم الدستوري والقانوني للعلاقة بين السلطتين التشريعية والقضائية في العراق - دراسة مقارنة - حيث تتجلى اهمية بيان الحدود الدستورية بين السلطتين التشريعية والقضائية في الاعتداء الذي يحصل من كل من السلطة التشريعية على القضائية وبالعكس | The researcher dealt in her studying the constitutional and legal regulation of the relationship between the legislative and judicial power in Iraq - comparative study - which reflected the importance of the constitutional boundary between the legislative and judicial power from the assault that gets from both the legislature and the judiciary versa, the legislative power which holds the organization of the judiciary power may detract from the judicial power by legislation, and Depending on the nature of the subject of research, we decided to divide it into three chapters preceded by a preliminary research in order to make a distinction between the legislative competence and Jurisdiction, The first is devoted to address the purview of the legislative power in the organization of the judiciary and its actions, Stating the intervention of the legislature in the organization of the judiciary and interfering in his job performance, as well as the relationship of political censorship in judiciary functions.This research has been dealt with in the second chapter overlap of functions between the legislative and judicial power, we dealt with the right of charges and trial of the president and members of the executive power also the separation in the authenticity membership of the legislature member's power.The third chapter dealt with the subject of the intervention of the judiciary in the function of the legislative power, we addressed the trends of the judiciary and jurisprudence in control of the legislature authority, and the possibility of the judiciary in the detection of the legal base, and the constitutional judiciary applications in the right intervention in legislature acting.The study concluded a set of findings and recommendations.

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

Author name: اديب محمد جاسم الحماوي
Supervisor name: عامر عياش عبد بشر الجبوري
General topic: Law
Specific topic: Constitutional Law
Degree: Doctorate
University: Tikrit University - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Salahaddin
First pages:
Abstract: 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.

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

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

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

Author name: ميسون طه حسين
Supervisor name: عدنان عاجل عبيد
General topic: Law
Specific topic: Constitutional Law
Degree: Doctorate
University: University of Babylon - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Babylon
First pages:
Abstract: يتخذ الدستور شكل النظام القانوني الذي يجمع بين دفتيه، المبادئ والقواعد القانونية التي تحكم الحياة السياسية للشعب ويكفل حقوق الانسان، ويحدد سلطات الدولة وينظم ممارستها، وعلى ذلك فان نصوص الدستور ولغته ومفاهيمه تعبر عن الحياة السياسية وتخضعها لقواعد معي | Constitutional Judiciary is amodern institution but an old function.It started with it's classic function in controlling the constitutionality of laws. It allwys refers to the American Supreme Court, and Austrian jurist, Killsin, when discussing such mat

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

Author name: زهراء قدري منهي السهلاني
Supervisor name: مها محمد ايوب
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
University: Al-Nahrain University - Collage Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
First pages:
Abstract: Throughout mankind history, migration been and still a fact of life, there are many different reasons that lead to it, usually these reasons are complex. Migration could be coercive or voluntary, it may arise from escape from a precarious situations or wh

الحماية الدولية للغلاف الجوي == International Protection of The Atmosphere

Author name: بشير جمعة عبد الجبار الكبيسي
Supervisor name: عصام عبد الرزاق العطية
General topic: Law
Specific topic: Criminal Law
Degree: Doctorate
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
First pages:
Abstract: يعد الغلاف الجوي احد المشتركات العالمية، ويعرف بانه / كتلة من الغازات التي تحيط بالكرة الارضية ويقع خارج حدود الولاية الوطنية لاية دولة، الا ان جميع الدول يمكنها استخدامه، ولا يمكن لاية دولة ان تدعي ملكيتهاو السيادة عليه.ولقد ترتب على هذا الاشتراك ا | The atmosphere is considered as one of the global commonsand is defined as the mass of gases which surround the earth.itsplace is out the borders of nations of any state but everyone fromthem can use it for their own purposes.The global commons inclu

الالتزام بضمان سلامة الاشخاص في تنفيذ العقود == The Obligation of Personal Security Guarantee In Contracts Execution

Author name: علي مطشر عبد الصاحب علي
Supervisor name: اياد عبد الجبار ملوكي
General topic: Law
Specific topic: Civil Law
Degree: Doctorate
University: University of Baghdad - Faculty Of Law
Language: Arabic
University location: Baghdad
First pages:
Abstract: The human protection and the security of his body was one of the fundamentals of the legislations, and it was the center interesting of the religious legislations, and it was the center interesting of the religious legislations, because this protection re

الرقابة على الموازنة العامة : دراسة مقارنة == Control on The Public Budget A Comparative Study

Author name: علي غني عباس الجنابي
Supervisor name: احمد خلف حسين الدخيل
General topic: Law
Specific topic: Constitutional Law
Degree: Doctorate
University: Tikrit University - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Salahaddin
First pages:
Abstract: تحتل الرقابة على الموازنة العامة اهمية بالغة تنبع من الاهداف التي ترمي الى تحقيقها سواء اكانت سياسية ام ادارية ام اقتصادية, وهو ما انعكس على اختلاف انواعها وفقا للمعيراالمعتمد في التقسيم بين رقابة سابقة وانية ولاحقة وبين رقابة داخلية ورقابة خارجية وبين رق | Occupies control over the general budget of great importance stems from the goals that aim to achieve, whether political, administrative or economic, which was reflected in the different types and in accordance with the standard adopted in the division be

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

Author name: محمد جياد زيدان
Supervisor name: امل فاضل عبد خشان عنوز
General topic: Law
Specific topic: Criminal Law
Degree: Doctorate
University: Al-Nahrain University - Collage Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
First pages:
Abstract: The state's secrets is a public meaning which include all the information that belong to the internal and external politics of the state that if these secrets violated it would cause damage to common benefit for the state. But our study is focused on the

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

Author name: زياد خلف عودة
Supervisor name: حيدر طالب الامارة
General topic: Law
Specific topic: Administrative Law
Degree: Doctorate
University: Al-Nahrain University - Collage Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
First pages:
Abstract: If the matter of executing the rules of administrative judiciary are easy when the rule was issued between two normal persons whereas the person who the rule was issued for him to resorting to the specified directorates of executing for it have a forced t

المباحث اللغوية في كتاب مغني المحتاج الى معرفة معاني الفاظ المنهاج للخطيب الشربيني == The Linguistic And Grammatical Themes In Mughanny Al - Muhtaj Book of Al - Khateeb Al - Shirbeeny

Author name: عبير عزيز عليوي خلف الجبوري
Supervisor name: سهيلة طه محمد البياتي
General topic: Arabic Language and Literature
Specific topic: Language
Degree: Doctorate
University: Tikrit University - Faculty Of Education - Department Of Arabic Language
Language: Arabic
University location: Salahaddin
First pages:
Abstract: The first chapter deals with the sources of compilations and great figures on which Al - Khateeb Al - Shirbeeny depended. The second chapter deals with the linguistic themes as Arabicization, opposites, and verbal common. While the third chapter deals wit

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

Author name: سحر كاظم حمزة الشجيري
Supervisor name: عبد الله حبيب كاظم التميمي
General topic: Arabic Language and Literature
Specific topic: Literature
Degree: Doctorate
University: University of Al-Qadisiyah - College Of Education For Human Sciences - Department Of Arabic Language
Language: Arabic
University location: Qadisiyah
First pages:
Abstract: 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

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

Author name: ربى عبد الرضا عبد الرزاق التميمي
Supervisor name: خالد علي مصطفى
General topic: Arabic Language and Literature
Specific topic: Literature
Degree: Doctorate
University: University of Diyala - College Of Education For Human Sciences - Department Of Arabic Language
Language: Arabic
University location: Diyala
First pages:

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

Author name: ظافر عبيس عناد الجياشي
Supervisor name: عبد الجبار عبد الامير هاني
General topic: Arabic Language and Literature
Specific topic: Language
Degree: Doctorate
University: University Of Basrah - College Of Literature - Department Of Arabic Language
Language: Arabic
University location: Basrah
First pages:
Abstract: 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

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

Author name: محمد قاسم حسين خليفة البوعيد
Supervisor name: مزهر عبد موزان السوداني
General topic: Arabic Language and Literature
Specific topic: Literature
Degree: Doctorate
University: University Of Basrah - College Of Literature - Department Of Arabic Language
Language: Arabic
University location: Basrah
First pages:
Abstract: Changes of shiasim poetry till the end of Hijra century topical stnely Shia creed represents for its followars and snpporters, the nalf expansion of Islam and what the prophet (Allas blessings and peace be on him), so and after the death of the prophet so

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

Author name: سعد صبار عبد الباقي الالوسي
Supervisor name: يوسف خلف محل العيساوي
General topic: Arabic Language and Literature
Specific topic: Language
Degree: Doctorate
University: Aliraqia University - College Of Literature - Department Of Arabic Language
Language: Arabic
University location: Baghdad
First pages:
Abstract: 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

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

Author name: الاء عبد الرضا عبد الصاحب
Supervisor name: عباس ثابت حمود
General topic: Arabic Language and Literature
Specific topic: Literature
Degree: Doctorate
University: University of Baghdad
Language: Arabic
University location: Baghdad
First pages:
Abstract: It's obvious for critics what prose poem achieves of many successes in motivating others in the field of literature in generally, and in poems in privately manner.It has raised through its own contradictionsand its instability a critical movement startin

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

Author name: صبا علي كريم المعموري
Supervisor name: علي ابراهيم محمد الزرقاني
General topic: Arabic Language and Literature
Specific topic: Literature
Degree: Doctorate
University: University of Babylon - College Of Education For Human Sciences - Department Of Arabic Language
Language: Arabic
University location: Babylon
First pages:
Abstract: This study attempts to detect the influence of ideology in literature as an intellectual pattern which is practice clear presence in literary discourse. The years that followed World War II starting from 1950 was selected in this study as a field because

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

Author name: ضحى علي فهد
Supervisor name: باسم صالح حميد
General topic: Arabic Language and Literature
Specific topic: Literature
Degree: Doctorate
University: University of Baghdad
Language: Arabic
University location: Baghdad
First pages:
Abstract: The research about the technique which interesting in the important techniques in the artistic construction in Iraqi novel, a personal narrative, has carried the title of research : (The Character in the Iraqi novel 2000 - 2013 / technical and thematic st

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

Author name: سالم جمعة كاظم
Supervisor name: عبد الله حبيب كاظم التميمي
General topic: Arabic Language and Literature
Specific topic: Literature
Degree: Doctorate
University: University of Al-Qadisiyah - Faculty Of Education - Department Of Arabic Language
Language: Arabic
University location: Qadisiyah
First pages:
Abstract: The term heritage is regarded as an overlapping concept because it encompasses a group of components, such as the oral and written tradition, monuments, architecture, historical information, customs and traditions, which delineate an image of ancient Arab

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

Author name: صبا عصام عبد الحسين نومان
Supervisor name: محمد شاكر ناصر الربيعي
General topic: Arabic Language and Literature
Specific topic: Literature
Degree: Doctorate
University: University of Babylon - College Of Education For Human Sciences - Department Of Arabic Language
Language: Arabic
University location: Babylon
First pages:
Abstract: The psychological constitution of the disabled may vary from that of his healthy fellows and thus it may lead to a kind of difference which mar result in one of these two affairs : He either changes into a weak personality surrendering to circumstance imp

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

Author name: علياء حكيم محسن
Supervisor name: عبد الله حبيب كاظم التميمي
General topic: Arabic Language and Literature
Specific topic: Literature
Degree: Doctorate
University: University of Al-Qadisiyah - Faculty Of Education - Department Of Arabic Language
Language: Arabic
University location: Qadisiyah
First pages:
Abstract: The books of Al Amalie consider from the origins Arab heritage; Because of what it contains among its stockpile of various Arab Science from various Arab Science from grammar and exchange, indication together with the notification, which formed a strong p

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

Author name: سلمان جليل ابراهيم محمد
Supervisor name: منى شفيق توفيق القيسي
General topic: Arabic Language and Literature
Specific topic: Literature
Degree: Doctorate
University: University of Diyala - College Of Education For Human Sciences - Department Of Arabic Language
Language: Arabic
University location: Diyala
First pages:
Abstract: 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

دراسة الصرف العربي في هدي علم اللغة التاريخي

Author name: وسام مجيد حسن البناء
Supervisor name: عبد الرحمن مطلك وادي الجبوري
General topic: Arabic Language and Literature
Specific topic: Language
Degree: Doctorate
University: University of Baghdad - Ibn Rushd College Of Education For Human Sciences - Department Of Arabic Language
Language: Arabic
University location: Baghdad
First pages:

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

Author name: كاظم ابراهيم عبيس السلطاني
Supervisor name: سعدون احمد علي الربعي
General topic: Arabic Language and Literature
Specific topic: Language
Degree: Doctorate
University: University of Babylon - College Of Education For Human Sciences - Department Of Arabic Language
Language: Arabic
University location: Babylon
First pages:
Abstract: Praise be to God, who else does not praise nor plausible thanks to the other, praise Him all grace and ask him all the best and safest to drink and good companions Mohammed and his creation The God of the good and virtuous God OrdAlmjin from his companion

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

Author name: زهور كاظم صادق زعيميان
Supervisor name: ولاء صادق محسن الاسدي
General topic: Arabic Language and Literature
Specific topic: Language
Degree: Doctorate
University: University of Baghdad - Ibn Rushd College Of Education For Human Sciences - Department Of Arabic Language
Language: Arabic
University location: Baghdad
First pages:
Abstract: 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

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

Author name: وجدان مهدي حسين الخالدي
Supervisor name: صباح عباس عنوز
General topic: Islamic Sciences
Specific topic: Interpretation
Degree: Doctorate
University: University of Kufa - Faculty Of Jurisprudence
Language: Arabic
University location: Najaf
First pages:
Abstract: 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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المصطلح الكلامي عند الامامية : دراسة وصفية == The Theological Term According To Imamia : A Descriptive Study

Author name: يسرى علي مشفي الموسوي
Supervisor name: سناء عليوي عبد السادة
General topic: Islamic Sciences
Specific topic: Quran Sciences
Degree: Doctorate
University: University of Baghdad - Ibn Rushd College Of Education For Human Sciences
Language: Arabic
University location: Baghdad
First pages:
Abstract: The works of Imamia theologians on the theological concepts represent a huge product which indicates these scholars' care of the theological term and their preservation of the product of Ahlu Albait (peace be upon them) School. They left us a great heritage which cannot be overlooked; however, it would be a difficult task to consider it all. It would be more useful and practical to designate one aspect of that heritage and study it thoroughly. Thus, it was necessary to investigate the theological term as a basic prelude to the Islamic thought, which cannot be ignored as a condition to reach reliable scientific findings which are compatible with the great efforts of the scholars of Ahlu Albait School.The importance of the theological term urged the researcher to make scientific efforts to define and study the terms objectively. These efforts involved making a comprehensive inventory of Imamia theological terms, classifying these terms into fields which were studied in detail.Each term was defined linguistically and idiomatically taking into consideration the chronological treatment of the term as it revealed its authenticity and temporal value. Besides, the term was traced from its coinage throughout its development which gave us a chance to look closely at theology through its terms and be informed of the different views about that term. The development of the term and its meaning, in terms of the additions and changes it underwent in different ages, was also investigated for the sake of a clear understanding of the theological terms which serve as the key path to theology.The study faced many difficulties such as the multiplicity of concepts a scholar assigned for a term and the long time span the study covered, i.e., from the coinage time of the term throughout the development which extends to centuries, which required collecting resources and understanding them in terms of the time of their writing. The study falls into three chapters preceded by a preface and an introduction and followed by an appendix of terms and a conclusion as well as a bibliography.The first chapter is entitled "Terms of Judgments and Substances". It consists of two sections : the first section deals with terms of substance judgments while the second section deals with terms of substance descriptions.The second chapter is entitled "Terms of Accident Types ". It consists of two sections : the first section deals with terms of accident types while the second section deals with terms of accident cases. The third chapter is entitled ''Terms of Sciences and Beliefs". It consists of two sections : the first section deals with terms of science while the second section deals with terms of beliefs
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ظاهرة الرق في ضوء علم الاديان المقارن == The Phenomenon Of Slavery In View Of Comparative Theology

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

Author name: محمود عبد الحسين عبد علي الثعالبي
Supervisor name: ثائر ابراهيم خضير الشمري
General topic: Islamic Sciences
Specific topic: Islamic Thought
Degree: Doctorate
University: University of Baghdad - Ibn Rushd College Of Education For Human Sciences
Language: Arabic
University location: Baghdad
First pages:
Abstract: الحمد لله رب العالمين والصلاة والسلام على الحبيب المصطفى محمد الامين وعلى اهل بيته الطيبين الطاهرين الهداة المهديين وعلى صحبه المنتجبين الغر المحجلين الذين ساروا على هديه وكانوا له كظله وعلى من تبعهم وسار على نهجهم الى يوم الدين...السيد رئيس لجنة المناقش | With the beginning of the twentieth century, the invasion of the Islamic world torrent of cultures and currents of intellectual Western - based foundations of civilization and concepts about the universe, life and society, and it was on top of these cultures and intellectual currents (capitalism) and (Marxist) and who has both a great political system and controls a wide area of the world , even Aqtzma the world into two parts (Camp Western capitalist) and (the eastern socialist bloc), and has among the intellectual and political struggle at the expense of the Islamic nation and its existence intellectual and political special This was the Western attack suffered by the Muslim world from the two camps mentioned of such magnitude and ferocity, almost that the registration of a landslide victory to their advantage and rob the intellectual and cultural identity of the Muslim community.However, this did not materialize and the father of Islam, but the strong and resonant his say in the realm of this bitter conflict, unbeaten his sons fervent and his horsemen brave thinkers of Islam, Sunni and Shia for Haadh criticism of these two systems and refute, and the most prominent of these intellectuals (Mahmoud Talqani in his book Islam and property ) published in 1944, and (Saied Qutb in his book Islam and Capitalism) published in 1951, and (Mohammad Hossein Tabatabai) in his book (the foundations of philosophy and doctrine realistic) published in 1953, and (Mohammed al - Ghazali in his book Islam and curricula socialism) published in 1954, and ( Said in his book Communism and Islam) published in 1961, and (Abdul Hamid Siddiqui) in a metaphor (the interpretation of history), published in 1969, and (Mohammed Baqir al - Sadr) in the group literature confined between (1958 - 1979), but these intellectuals money will not live up to criticize Mr MartyrMohammed Baqir al - Sadr.Moreover, these money were not so depth and amplitude, while the RPR criticism Martyr Sadr depth and capacity and inclusiveness, so that you do comprising the one book, but spread to a series of books made up of several episodes singled each episode a particular aspect of cash and both currents to form a so cash compared to them versus Islam. And not only this, but moved Martyr Sadr Islamic thought from the defensive to the offensive in this conflict, and being sentenced distributed among the huge buildings of Islamic Sciences to the theoretical phase crystallized in a position to answer the problematic era, and we can not overlook or ignore his these Islamic thinkers , but we see that his martyr Sadr from his criticism of Comparative (capitalism) and (Marxist) has a privacy methodology and intellectual excelled all his other Islamic thinkers, have pointed to this Privacy number of researchers, as the Martyr al - Sadr does not pays tribute to the intellectual construction but After criticism and scrutiny of ideas and theories anxious to provide (Islam) viable solution and the only one, and despite the advantage of its idea (holy), but he still suffers marginalization, although there are several studies on the thought of the martyr Sadr, but specializes in the cash method study amounts to the level of global thinking (holy) as I know is still not available, God only as presented by Dr. (Nazih Hassan) in her book (Mr. Mohammed Baqir al - Sadr study in the curriculum) and that it tried to discover the public monuments to the method of the Martyr al - Sadr, so you can count our attempt this first of its kind in the Islamic academic studies in Iraq, it is not surprising that fractured shortage and marred by bugs.The nature of the research topic has required that the thesis is divided into four chapters and an introduction unprecedented as well as pave the conclusion at the end, we reviewed the most important results.We have also served in the boot by entering into chapters thesis statement in three important aspects, I. Statement meanings (comparative approach) and (critique) language and idiomatically, and in the second - we define it brief life my intellectual Martyr al - Sadr, and we in the third - to provide a brief definition (b capitalism ) and (Marxism), and as the (capitalist) were not based on a philosophical explanation of the universe and life as between this martyr at the beginning of writing (philosophy), so ensure chapters (I and II) a statement on the philosophical foundations of Marxism and criticism of the Martyr al - Sadr in return for Islam, and to ensure (Chapter III) a statement of the martyr Sadr economic critique of Marxist and capitalist doctrine versus Islam, and the (Chapter IV) a statement criticizing (sanctified) the social system for both of them versus Islam.After this round of labor and after the completion of God we have this modest treatise, in the light of what we have in the folds Find despite myopia and lack of knowledge, we review the key findings of the researcher of the results and perceptions derived from them are as follows : First, the advantage of the comparative method in cash at the Martyr al - Sadr, if embarked on a cash project in the same philosophical foundations (of Marxism), beginning the theory of knowledge basis in philosophy - and finite sense philosophical to the world compared to the concept of the Islamic philosophical world view and his theory of knowledge, this criticism and completed the demolition of construction Economic and goal (distribution of wealth) in both isms (Marxist) and (capitalist) demonstrating the fairness of the Islamic economic doctrine in the distribution of wealth, and finally seal the monetary project on the social systems of both installed invalidity of each of (the socialist system) and (Communist supposed) and ( democratic capitalist system), demonstrating that the Islamic social system is best suited for the happiness of mankind. Second, it proved through comparative approach in cash on epistemology failure when Marxism, (visualization and ratification,) and it is not for the experience and dialectics ability to knowledge and information corresponding to the reality revealed, proving that is consistent with the proof is what you go to him (the theory of yanking Islamic) in perception, mental doctrine is the basis for access to knowledge ultimate sanctioning and has the ability to prove metaphysical issues and attainable uncertainty in philosophical knowledge and matching the idea of objective reality through what he called (self - denomination) in knowledge.Third : Mortgage (sanctified) through a comparative approach in cash on the invalidity of the philosophical concept of the world at Marxism, and its belief in materialism of the world and its interpretation of the phenomena and incidents on the basis of the internal contradiction that (article) is the origin of the world and the actor real to him, and that the movement of history according to (historical materialism) dialectic and the inevitability and ruled by economic factor, installed Islamic vision existence of a deeper behind the objective reality reason that the incidents and phenomena - cause - linked necessary relationship (the attic), and that (God) is the first reason for the existence of the world and the actor real to him, and that the movement of history and evolution are in accordance with the word of God (Constants Divine), which ruled that the will of the human and selected a large role in making history.Fourth : characterize the monetary approach originality and comprehensiveness, if the uniqueness of (holy) from Muslim philosophers in his critique of the philosophy of Marxism and approach, and this is not preceded by the one not of providers in their criticism of Greek philosophy, nor of my interlocutor in their criticism of the philosophy of Marxism.Fifth : characterized his approach on my own in the discovery of the Islamic economic doctrine and especially (the distribution of pre - production) and the creations of the Martyr al - Sadr, so it was a critique of a distribution of wealth in both isms Marxist and capitalist four sections (the distribution of pre - production, production, distribution of post - production, warranty social.Sixth, began comparative approach in the criticism of the distribution of wealth in both isms Marxist and capitalist distributes pre - production - natural sources of wealth - proving sanctified) the doctrine of economic Marxist failure of two phases (socialism, communism assumed) in the distribution of this wealth through nationalized and make collective ownership, as well as the failure of the capitalist economy goes to him in the distribution to the private property on the basis of the existing economic freedom.Seventh : quickly loves Marxist faith that the result of the Imam of production pick criticism Martyr Sadr form of distribution relationships, and the one who showed well as the invalidity of the capitalist economic doctrine in targeted wealth development for its own sake, and reached through the price system watershed trading on the production process, and demonstrating (holy) We are in separate distribution relationships of the form of production, and the development of production and increase it be for the purpose of achieving the welfare of the community and satisfy the needs of its members.Eighth : proven Arrows criticism made by the (Holy) to the distribution of post - production - produced wealth - in both isms Marxist and capitalist, poor distribution of the doctrine of economic Marxist to this wealth by giving - Image Item (depending on the work) stage of socialism and (according to his needs) in stage of communism, and the injustice of this - Image Item in economic doctrine capitalist equating other elements of production (taxation, and profit, and the proceeds, and interest), and justified interest as the result of the risk, and demonstrating (holy) that justice in Islamic Economic go to him to grant factor produced wealth whole, and the bonus paid (for land and other production tools), to dispel them and consumed for its contribution in the production process.Ninth : proved his critique (sanctified) the failure goes to Marxist economy as (social security) is really the machine for sustained it and its continuation, but at a certain stage of history, and when they reach the production large - scale production phase is really the social security for individuals and a necessary condition as a result of the evolution of the machine and increase its production and the state is the only ones that function as security and funded by including of taxi factor, proving that justice in going to him the Islamic economy as (social security), both (the right of the group in the sources of wealth) a human right based on brotherhood and compassion for humanity, and it is the duty of the state and the individual together and trying them all According to the investigative capabilities and ability, and the field that he exercised the (need for) their role in the distribution of wealth.Tenth : the comparative method characterized by force and argument applied foundations of cash and stages on the proposed solution to the problem, through to treat (holy) gaps which occurred opponent was not able to solve them.Eleventh : the Martyr al - Sadr in his approach cash Comparative a model real Islamic thinker, as Masanobu Fukuoka, the views of senior Muslim scholars (Sunnis and Shiites) and of different persuasions, made his approach in theorizing the Islamic economy strong penetration, and his criticism of the discount can not be his response and response to that storm However, one of Islam.Twelfth : Martyr Sadr seal approach comparative in the criticism of Marxism and capitalism on the social systems, proving the invalidity of the socialist regimes, the Communist supposed that they the result of the economic factor, and the failure of the system (democratic and capitalist) based on individual freedom and limited the limits freedoms of others, proving that the Islamic social system is not Magistrate human Delight.Thirteenth : characterized by systematic creativity and intellectual originality, as the creations of the martyr Sadr's Department of freedom another split four - division her allowance, which is personal freedom and that relate to the behavior of the individual and collective freedom, which include the respect of the individual within the group, either intellectual originality, it stands out in its drafting (the Islamic social order) in which the individual has not separated from society as in the system (democratic capitalist), and did not permanently in the community, as in the two systems (socialist and communist), but rather to make the existence of a necessary community of the individual was not the individual is separated from the spiritual part, and his relationship with his God
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النزاهـة ودلالاتها في القران الكريـم == The Impartiality And Its Indications At The Holy Qur'an

Author name: قحطان نعمـة حســن الصحاف
Supervisor name: سعد محمد حسن
General topic: Islamic Sciences
Specific topic: Quran Sciences
Degree: Doctorate
University: University of Baghdad - Ibn Rushd College Of Education For Human Sciences
Language: Arabic
University location: Baghdad
First pages:
Abstract: After this strenuous fun trip, being strenuous, because I am the only in this topic which was not written by anyone before me so I had to find a plan and sources suits the subject despite of its complexity and expansion of subject, and being interesting because it relates to the book of Allaah, may be glorified and exalted, is nicer than that derived from the holy Quran and to connect the meanings of the words with each other and informed by the high values which teem with the Holy Book, as this study reached the end, I must identify key points of the study with updates that I stood on them, most notably the following;1 - Integrity means distance from the bad, vile and cleanse the soul and depart from evil. They are two - dimensional, the first sensory and latest moral, this study has meant both.2 - Holy Quran sometimes refers to words that are synonymous with integrity towards the integrity ,and that apart from the Holy Quran from the word integrity but expressed its synonym vocabulary and with attitudes refer to it.. 3 - A search on the subject the integrity in justice, governance and justice, there is a close link between these concepts, the latter two concepts are based on the first, otherwise the sentence and justice have only authoritarian image, so the holy Quran emphasizes on justice and recognizes it by sending prophets : (We have sent Our Messengers with proofs, and sent them with the Book and the Scales, so that people might establish the Scale (of justice). (Al - Hadeed : 25) and honesty is the justice ,the first purpose , of God to send his prophets, Islam has sought to establish social relations on the rules and basis of justice and integrity compose while individuals evolving promotes to others by the amount of works done by others and benefit of the community as do. 4 - In the area of governance the holy Qur'an focuses on the consultation principle as God said, (Take counsel with them in the matter) Imran : 159, and (their affairs are by consultation) Shura : 38 because in Islam is an issued legislation of God to regulate human life, and the legislation contained in the Quran it is necessitated by the judgment as God said (Therefore, give judgment among them in accordance to what Allah has sent down) - Al Ma'ida : 48 The policy of Government in Islam based on conscience and on the basis of legislation, based on the base that God is present in each moment with the ruler and the ruled, and the supervisor on this and that, the Governor should be correct when direct the people , the study included a range of specification of honest Governor who fears Allaah with his behavior, and is the basic link between previous topic (Justice) and the next (governance), and hence the value of integrity existed , because the fear of God is guarantee but not legislation alone which can be defrauded. 5 - The study examined the integrity of the judiciary, and was mentioned in the holy Quran as God said (So decide upon whatever you decide) Surah Taha 72, showed the expansion of holy Quran in the use of the word, and from this ,section of rivalry between two disputing parties, the study showed that the judiciary linked to justice, and if it is fitted the justice spread and if it mangled disappeared and the study confirmed that the integrity associated with the judiciary in Quran, and has featured in all the verses to governance is the inspiration of God because they are associated with his prophets and what he saw of them of strips and chastity and justice in Government.6 - In the area of money the study examined its resources, achieving integrity in such resources as, charity, abscess, and the tribute, , and not the aim of the study is to consider the legality of such resources and wisdom of it and its types - and the researcher mentioned it - that the subjects being discussed more in the area of jurisprudence, but the goal is to show the integrity in spending these resources, so the researcher dealt the subject of (Control over public money) in research and study of the control of money has clear effect in integrity subject, indicating that this control mentioned in Qur'anic texts, and that the Prophet - peace be upon him - was first enacted in Islam and practiced in the markets and monitoring the workers for an extracted and spending, and control has follow - up organs such as the mandate of the monitoring, the mandate of preventing injustices. 7 - The study met the study of Bayt Al - Maal, and after talking about its priorities and actions, sources, spending and its importance in social life, and integrity targeted two aspects : one of it its resources and spending , and in the integrity of the custodians of it, as God said ( Prosperous are those who preserve their trusts and pledges) Surratt Al - Mu'minun : 8)8 - The study turning to integrity in earning and spending, and controller of earning is in the contracts of sale and leasing, and giveaway, speculation, etc. For spending has conditions in the perspective of the holy Quran, has already been mentioned in its place, and then followed this subject and talking about integrity in spending public money, especially considering the interest, one of the most important management controls on money and preventing exploitation of public money are bad, about this subject with integrity of the operators of the expenditure, as noted by the study as well as the integrity of keeping money, and maintain it is integrity itself.9 - In the area of social relationships, a wider field of research to relation to the lives of people from the human soul and to the relations between Nations, the study noted that a Quran conversation about the soul and its types, and the holy verses that mentioned each type of it but the aim is to purify and refine the soul of sins, and ways of achieving this fairness lies in practical worship as prayer, fasting, Zakat and Hajj, all worship is to cleanse this soul, and recommend them to the worship of God.10 - The study then indicated to the subject of family, its composition, social function, domestic dealing, immunization of Islam's family and his organization to make it a good example, as god said (Those who say : 'Lord give us of our wives and children what pleases our eyes and make us leaders to the faithful) Surratt Al - Furqan : 74, defining responsibilities, and clean links between their members, and their functions in the education of their children and the impact of values of faith in education, represent the constitution of the family, and from the moral values exist to their member and their integrity, and then the study spoke on parental responsibilities and duties of the sons and the family relationship with the community in the light of the Qur'an direction that refers to the spirit of fraternity and equality in human dignity, and the rejection of superiority and arrogance and build relationships based on justice , mercy, cooperation and compassion.11 - The study also addressed the integrity in the sale and purchase, which is subject to the interaction between people, the holy Quran called (trade) as god said (Unless it is present merchandise that you circulate between you; then no guilt shall be on you if you do not write it down) and God called sale word in the Aya (and take witnesses when you are selling) and researcher follow - up the place of integrity in the sale and purchase and holy Quran indicating for allowing the sales and the prohibition of usury, and decreasing the balance and Islam, having warned of the development money by manipulation and fraud, because the funds arising from the manipulation and fraud are unlawful funds must be returned to their owner.12 - From the topics addressed by the research and following its impact on the development integrity of the social solidarity, and the word of solidarity, is not strange in its use were noted in the Quran and on which we know it today, is intended to support and ensure that the living, and research explained the idea of solidarity is the creations of Islamic thought and innovation based on the fact that the Islamic nation is single unit complement each other and push each other some damage that, as God said (Indeed, this nation of yours is one nation, and I am Your Lord, therefore worship Me). Al - 'Anbiya : 92', and the that the Prophet is the first who enacted this principle while he equalized between immigrants and supporters, and Islam never look to solidarity, with narrow thought , but his view is human and comprehensive to include different human races in help and lend a hand and give back to the brothers in humanity and solidarity, the value of the highest values of Islam, it was produced by creed and religious scruples, to ensure and protect the needy live with this deterrent was the solidarity of high integrity.
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التقارب التفسيري بين تفسيري الكشاف للزمخشري (538هـ) وجوامع الجامع للطبرسي (548هـ) == The Interpretation Approximation Between Al - Kashaf By Al - Zamakhshari (D. 538A.H.) And Juoama’ Al - Jama’E By Al - Tubraisy(D. 548A.H.)

Author name: علي لفتة حيال راهي الاسدي
Supervisor name: عمار عبد الكريم عبد المجيد الجعفري
General topic: Islamic Sciences
Specific topic: Quran Sciences
Degree: Doctorate
University: University of Baghdad - Ibn Rushd College Of Education For Human Sciences
Language: Arabic
University location: Baghdad
First pages:
Abstract: The two books al - Kashshaf ‘an •Haq'iq at - Tanzil We Ayun Al - Aqaweel fi Wajh Al - Ta’weel by Al - Zamakhshari (D. 538 A.H.) and the interpretation of Juoama’ Al - jama’e by Al - Tubraisy (D. 548 A.H.) had both appeared in the sixth century for Hijira.These are two books of interpretation from that time until this day for their procedures and stern science. They tackled many branches of science like the Islamic Sharia, Arabic, Syntax, rhetoric, readings, jurisprudence, hadith, doctrine, philosophy and many others.Their respective got the approbation, praise and appreciation by many of the notable scholars of tafseer.They stimulated a wide scientific movement form the day of their emergence until this day.Each of Al - Zamakhshari and Al - Tubraisy belong to an Islamic school, the former was a member of the Mu‘tazilite school and the latter imamate twelfth in doctrine and sect.The relationship between them was tight featured by mutual respect and Islamic fraternity.Their books of interpretation were approximate as far as Tafseer and other sciences. This is a proof that their respective schools aimed at revealing the sharia rules form their sources original only.The deteriorating situation in the states of Muslim community and the damage inflicting upon the human community in general and the Islamic community in particular, in killing and destroying, I have chosen this subject (The Interpretation Approximation between Al - Kashaf by Al - Zamakhshari (D. 358A.H.) and Juoama’ Al - jama’e by Al - Tubraisy), so that I would contribute to stop these calls and their evil and shed light on their interpretation and the other sciences which I searched for the lack of such topic in the Arabic bibliography.The research was divided into an introduction and eight chapters : Chapter One : is about the homeland of the two interpreters, their birth, family, the environment, the political epoch, their scientific fortune and their assessment of the scholars in all ages. Their parallel subjective environment and conditions were alluded to as well.Chapter Two : is about the definition of two books, the sources on which they depended in their interpretation.Chapter Three : approximation in their respective interpretations.Chapter Four : their approach in interpretation, and approximation in interpretation.Chapter Five : it tackles the studies : linguistic, grammatical and rhetorical supported by examples for their interpretation and approximation in that field.Chapter Six : it states the intellectual views and trends of the two interpreters, and their efforts for approximation.Chapter Seven : Quranic sciences : The reasons of revelation, the invalidated and invalidation, the explicit and the implicit, their tendencies, and their resolutions in that field supported by examples.Chapter Eight : it tackles the Quranic miracle and the importance of some of the aspects of each of them in their approximation of interpretation for it.As well as a Conclusion, and a general findings and recommendations.
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