Volume 2, Issue 1, Winter 2010, Page 1-194


Reflections legal rights of Imam Zainal Abidin (peace be upon him)

abass zabon

Risalat al-huquq Journal, 2010, Volume 2, Issue 1, Pages 1-15

Alegal cogitations in Imam Zain Alabdeens Compact of Kights
Evereg man. Whatever his culture and dogma has reached cgrewues, he aspire – always – to get the moral completeness, and the compact of lmam Zain AL abdeen will reach him to this ambition .
This compact dose not contain alegal side only, but also contains a new horizous ( hobo) in all directions, that lmam intended to the social reforming and changing the personal behaviour as aresult of the dengerouses which faced the Islamic nation during Al amawy disorderly governorship.
This compact disappeared animportant facts in the dogma, canon, and semite legal values , because it opened for the legislaters anew wide hobo through his amending to the statute law according to change ability in the social and economic circumstances.

Base indivisibility mortgage comparative research with Islamic jurisprudence

abass ali al hasaene

Risalat al-huquq Journal, 2010, Volume 2, Issue 1, Pages 16-42

The Rule of the Mortgage Non – Partitioning Asummary of the study in English .
The rule of the mortgdge non – Partitioning is considered one of the principal rules of mortgage in general since it gives the mortgageeasolid guarantee to get back his debt. When amortyagor gives amortgage to amortgagee( alender), this mortgage will refer to the thing mortgaged and he will not free himself from it until the debt has been paid .
- We have also adopted a contrastive study bctween the civil Fiqh ( Juris prudence ) and the Islamic Fiqh ( Jurisprndence).
- Some civil legislations attitudes and views, rules of judiciary have not been ignored .
- Wehave come up with anumber of resuits and recommendations

(International efforts to define the concept of terrorism)

abd ali mohammed

Risalat al-huquq Journal, 2010, Volume 2, Issue 1, Pages 43-59

The interest of the international community to the phenomenon of terrorism dose not mean that the phenomenon of terrorism in recent international relations, but the capacity of the twentieth century witnessed the proliferation and multiplicity of forms, as well as attempts to legal supervision, and with it, and what was involved for crimes of terrorism or international or intercontinental limits, it was necessary for us to take look at the international treaties to combat it, and briefed us to the multilateral international treaties required here, and that not mean the omission of the bilateral treaties, particularly those relating to extradition and judicial cooperation, or national laws, whether private or listed in the general legislation, such as sanctions or the Code of Criminal Procedure, and our of this research design features of the international conventions relating to us as one of the most important basis on which they are based in the States response to terrorism.
In our opinion that (take the appropriate means) in accordance with the treaty of universal character, is available to States and to the responsibility don’t allowed to examine the causes of terrorism, which goes far beyond the provisions of an international treaty,
We will discuss this research in the most important international efforts to define the concept of terrorism, both those that have been made by the Government of the Organization of the League of the United Nations or the Organization of the United Nations, through the principal organs of the International Organization (general Assembly of the UN Security Council) and the decisions issued by these bodies, which address the issue of terrorism, will also address the efforts of the international organizations specialized in this regard, and regional organizations.
And then address the second topic of this international research effort to develop a modern legal definition of terrorism and Arab efforts to establish a legal framework for this concept, which confused some of the concepts to which there has been confusion between the legitimate fighter who is resisting the occupation and terror, and we shall show reasons that impede the development of a common definition of terrorism and asked an international conference under the umbrella of the United Nations to develop a legal definition of terrorism is God's success.

THE REASEARCHER

Condition that is associated with the contract in Jaafari jurisprudence

basem alwan tema; esra fahmi naji

Risalat al-huquq Journal, 2010, Volume 2, Issue 1, Pages 60-71

Condition associated with the contract
For the decade of great importance in practical life, because life does not add up and can not be sustained without having all the people I know, enough. He can not only, through a contract with others to obtain money and the exchange of benefits among the people. The contractor not only the conclusion of the contract to reach the goals that want, but try to include in contracts and transactions conducted by some of the conditions aimed at achieving the goals of the other goals than those achieved by contract unencumbered by the requirement. This question is not purely theoretical, as is often practiced by the contractors in order to achieve some purpose for them. Hence the importance of research in condition of the contract may be combined with the requirement that all contracts and whether to accept such a union

Legal regulation to reward informers ((A Study in reward informants Law No. (33) for the year 2008))

deaa abd alla; amar abass kadem

Risalat al-huquq Journal, 2010, Volume 2, Issue 1, Pages 72-96

Giving information or bringing evidence is regarded as one of the important means through which apenal action can be brought , information about crimes can come to the specialized authorities knowledge so that these authorities can take the appropriate legal measures, detect and get at the truth as quickly as possible and punish those who commit crimes according to the law to ensure security and stability in the society.
For the purpose of all this , alaw has been issued granting rewards to those informants who bring information to the concerned authorities that may lead to the recovery of the finances that belong to the state and the public sector and the arrest of the persons who commit such acrime and taking the legal measures against them. This law is called '' the law of rewarding informants '' No. (33.)20.
The study ends with the conclusion in which we will include the most important results and recommendations that we will come up with .

Status of foreign judgments in place in Iraq

hasan ali kadem

Risalat al-huquq Journal, 2010, Volume 2, Issue 1, Pages 97-115

The origin in the authorities in implementation in any country is to practices the judgments those issued by national authority not foreign courts.
As results of increasing of legal relationships border – crossed as well as to the need of international treatments besides to the principle of justice , rights respecting abroad , that requires to accept the foreign judgments but under conditions put by the law maker in any country in order to award the foreign judgment the required executive force in that country , in addition to offer documents availed with official feature to by depended on while implementation

(From the perspective of strategic procedural and functional)

samer mowed abd al-latef; kader yaseen

Risalat al-huquq Journal, 2010, Volume 2, Issue 1, Pages 116-129

Under the consecutive dramatic changes characterizing our present time , and under the diversified concepts of knowledge , strategy arises as a concept seen from two different dimensions : a practical procedural dimension and vague . theoretical dimension . The after is not usually based on accurate theoretical formulations that have disciplined hypotheses and limits . For this reason , there has been a need for an integration between the procedural and disciplined theoretical dimensions .
The third field explored the role of practical diversity in the performance of strategy as this diversity flows into the channels of strategic employment and acquired its flexibility and dynamism . Consequently , the various ness of outputs reflects this wide spectrum of diversified objectives , devices and means of strategy . Therefore , this has enabled us in achieving the research objective for perceiving the primary features of theoretical structure of strategy among its procedural and employing treatments .

Freedom of expression Between law and Islamic law ((Comparative study))

ali abd alalle

Risalat al-huquq Journal, 2010, Volume 2, Issue 1, Pages 130-147

Freedom of expression opinion means the ability of the person to express his views and thoughts quite freely regardless of the medium he uses , the news papers, the magazines , direct talk , speeches or through the radio , the television , the cinema , the theatre, the internet or anything new in this field .
Freedom of expression is considered the criterion for '' measuring '' the dominant democracy in the society . Asociety cannotbe considered democratic without ensuring ahigh degree of protecting the expression of thought regardless of the means adopted in that expression .
Freedom of opinion is also regarded as abasic pillar of the pillars of democracy . It is afundamental guarantee of democracy and one of its most prominent appearances .
There fore the constitutions and legistlations and all the world and regional declarations of human rights , all international charters have recognized and acknow ledged it , for with out freedom of expression ,other freedoms might be violated and lostand man would never be able to defend it .

Legal aspects of the finance lease. "A Comparative Study"

nejlla tawfig

Risalat al-huquq Journal, 2010, Volume 2, Issue 1, Pages 148-165

The legal aspects of leasing contract
The Leasing contract is an important means to secure financials assistance to the economic firm and insure their activities continue .
The main characterize of this contracts that : The lessee rent the equipment which hi needs , but haven't enough mony or have no ability to borrow from the bank , by signing An agreement where the leaser receives lease payments to cover its ownership costs. The lessee is responsible for maintenance, insurance, and taxes. Some finance leases are conditional sales or hire purchase agreements.
at the end of the leasing period, the lessor /financer undertakes to take into account the user's option right to purchase the asset, to extend the leasing contract or to cease contractual relationships.
The main question is there an necessity to the Iraqi legislator to issued special law organized leasing contracts? Or general rolls in the civil law is enough ..

Compensation for arbitrary divorce in Islamic Sharia law - a comparative study -

shada mothefer

Risalat al-huquq Journal, 2010, Volume 2, Issue 1, Pages 166-194

We all know that there were strong links between law and Shara, and that the law is in the San believe the Koran, although the majority, that there is much difference between them, maintaining that the classification for each share they understand the rules governing the conduct of social relations emerging between members of the community, preserving the rights of all, And carry on the duties of social, and hand in that sense Shara on Syariah (Islamic) law of God is Tklevip take into account the provisions of the moral integrity of the relationship between the Creator and the creature deterrent myself, and the rule of law is the status, represents the will of the competent authority legislation, and the only purpose of the organization to find a suitable The ties imposed by the laws it; in every research scholar can not come to a conclusion that only through sound addressed by the Islamic Sharia laws.
Given the importance of the issue of divorce, it came in the Al-Quran on behalf of divorce; The name also stems from the issue of control of the divorce, which is the main theme of this sura, and this shows that the divorce issues attached great importance to Islamic law, so she had discussed all matters relating to divorce Surat in full; resolution of the dispute between the parties of God to the satisfaction of both the right and gives it full.
Given the high incidence of cases of arbitrary divorce, and the possibility that other cases, In order to achieve the intended goal, we have worked on the study in question comparative study because it is one of the greatest means of identifying concepts and Tgeeltha, according to a scientific plan to deal with in the first two chapters, including: a sense of arbitrariness and arbitrary divorce;
And we have two: the system of compensation for divorce Olhaknahma and brought together the conclusion we have reached conclusions and proposals