Volume 3, Issue 2, Winter 2011, Page 6-209


International humanitarian law in Islam and its applications in the revolution of Imam Hussein (peace be upon him)

ali kadeh; sallah jber

Risalat al-huquq Journal, 2011, Volume 3, Issue 2, Pages 6-19

The islamic sharia makes it the most prominent objectives of the establishment of humanitarian principles and the principles of virtue in war and peace , and its also the sanctification of human dignity, even when it is waging war on Muslims and these principles enriched islam five centuries ,while the international jurisprudence positive has reached in the twentieth century in the Hague Conventions and Geneva.
The application of the principles of Islamic law in the war has manifested itself in all senses in the revolution of Imam Hussein (peace be upon him) is no doubt that as adescendant of the Doha Muhammadiyah antiseptic and as the revolution of Imam Hussein (peace be upon him) was full of lessons and the lessons was to be highlighted in arestricted the principles of Islamic law in the most difficult circumstances and on the basis of the above will address the subject of our research in Mbgesan be describrd in the first principles of international humanitarian law in islam the second topic will address the protection of victims of armed conflicts in islam .

Amnesty as a cause of the expiration of the criminal case in the Code of Criminal Procedure Iraqi force

dhiy abd alla

Risalat al-huquq Journal, 2011, Volume 3, Issue 2, Pages 20-38

Amnesty as a cause of the expiration of the criminal case
Go through several stages of the criminal case, even expire for any reason, and reasons that lead to the expiration of the criminal case law was issued a general amnesty or a pardon private, and in any of its phases (preliminary investigation, judicial investigation, trial, appeal the sentence, the sentence), This was confirmed by the general legal provisions contained in the Iraqi Penal Code No. (111) for the year 1969, as amended, and the Code of Criminal Procedure No. (23) for the year 1971, as amended, in addition to what comes by the law of amnesty provisions of the show effect in terms of persons and acts, and the implications of issued on the criminal and civil suits.
Is to resort to pardon, for reasons and justifications for many vary according to type of amnesty, Valafo year, the reason the public to the expiration of the criminal case, issued by a law of the legislature, for reasons related to the situation of the country's security, economic, social and political, as well as policy requires criminal in some cases resort to the issuance of such a law on the grounds that the main objective of that policy to achieve security and stability in society, and may be issued for reasons and goals of personality related to the ruling regime in the state, especially if the regime is authoritarian authoritarian, and there is no parliament or legislative authority effective, but merely a council of my photos or formality , and the pardon releasing the decision of the President (the Presidency, former), at the suggestion of the Prime Minister on the issue or issues, or the accused or condemned to a specific, with the need to take into account the exceptions contained in the Constitution regarding the right to private, sentenced for the crimes international terrorism and the administrative and financial corruption.
The scent of great importance, because the political criminal of the state in some cases require the cessation of legal proceedings against persons accused of crimes in general, or of a particular kind, or governed by, which requires a legal mechanism by which to achieve this, the issuance of the amnesty law.

Requirements Alhardshab and its impact on the amendment of international contracts

hasan ali kadem

Risalat al-huquq Journal, 2011, Volume 3, Issue 2, Pages 39-60

The international contracts, are inherently time whether contracts with the implementation of a continuous or periodic. To the extent that stretch with the times as far as possible the circumstances have changed. These conditions may result from an act of nature, or caused by the forces of man-made, and whether these conditions are not unexpected or unpredictable, it will temporarily stop execution of the contract or impossible to implement, at best lead to unbalance the economy of the contract. . On this basis, economists are keen traders to take into account the control of the fate of the international contracts and not left to such circumstances, to resort to techniques that address the impact of legal changes that can occur after the conclusion of the contract. Among the most important requirements Al hard ship, as requirements to pay the parties to negotiate and maintain contracts, and that these requirements governing the audit of the contract when he spoke of the vagaries of economic conditions, The implementation of the commitment remains possible and not impossible, but became exhausting or weighing the debtor and the threatened loss of heavy beyond the limit of the ordinary.

Role of the United Nations conventions on combating money laundering

mohammed ahmed

Risalat al-huquq Journal, 2011, Volume 3, Issue 2, Pages 61-75

The crime of money laundering considers one of the most serious economical and financial crimes on local and international level because of its connection to the Transnational criminal activities. Their advancement and growth are the result of the modern technology tools and mechanisms which imposed many constraints and difficulties to discover those crimes or reach their perpetrators , and because the aim from committing money laundering crime is to hide the criminal source of money therefore , become combating money laundering one of the most important on international level . The united nations realized the threat of money laundering at an early stage and the serious harms it can inflict on the international level . then The united nations initiated its efforts to combat this crime through international Conventions. The united nations Conventions against illicit traffic in narcotic drugs and psychotropic substances, adopted in 1988,was the first international instrument to address the issue of proceeds of crime and require states to establish money laundering as a criminal offence . after this the united nations Conventions against Transnational organized crime was a dopted in 2000. recently the United Nations Convention against Corruption in 2003.

(The impact of the TRIPS Agreement TRIPs Iraqi patent law) (comparative analysis)

adnan hashem

Risalat al-huquq Journal, 2011, Volume 3, Issue 2, Pages 76-122

The world today is witnessing a race technically in various aspects of life and become the human mind feeds the technological development of that, we find that the Development Information and Technical is a target progress and strategic theorists building international economic as playing a vital role in balance of power industrial and economic development and its impact on the international resolution within the international system in the General Assembly 0 of the United Nations for that attention has been focused internally on finding a formulation for the protection of an integrated legislative innovations 0
Also contributed to the international will in the maturing of the visions of the legislation of international conventions to protect the rights of innovators and TRIPS Agreement was the most important international convention in this direction 0
The laws governing the right of creators and thinkers (the laws of intellectual property and industrial property and patents) of the latest legal science being addressed, from a legal standpoint, the modern science of technology as the backbone of any development in the
The world. In Iraq, the protection of this right is a great deal of attention aspiring to build a bright future for this country because the national interest requires that steps be taken rapidly in order to regain the Iraqi position in real scientific process of global and it was necessary to make a sincere effort to build a legal system on intellectual property consistent with international conventions and is able to provide adequate protection for innovators in the field of technology in order to start with sure steps towards the development of the movement of innovation and creativity and meet the requirements of accession to the WTO

Legal regulation of credit cards

adnan hashem jawad; akel majed kadem

Risalat al-huquq Journal, 2011, Volume 3, Issue 2, Pages 123-141

The purpose of creating the right mortgage money pledged, is to ensure the fulfillment of religion Altertb by the debtor the moment, as that the purpose of mortgage is Aalostithaq religion to reach it meets the price of the mortgaged if the estimated met in custody now, for the purpose of this is intended to be the commitment of the parties to the mortgage contract obligations under their contract, and the most important commitments is the responsibility of the pledge creditor, is a commitment to maintaining pledged and guaranteed in the case of mortality, and the purpose of discussing the commitment of the mortgagee to ensure encumbered and the extent of its commitment to security in Islamic jurisprudence and law, and the basis of this commitment and the conditions and the mortgagee to get rid of for the loss of encumbered, we have to divide this topic into three sections, dealing first section

Electronic signature as proof of evidence in the light of the provisions of the Evidence Act Iraqi number (107) of 1979, as amended

wasen kadem zarzor

Risalat al-huquq Journal, 2011, Volume 3, Issue 2, Pages 142-162

The electronic signature is a technical means to prove the identity of person in the scope of the electronic treatments. It appeared after the vast technical development in modern technology and the increase of the electronic dealing and being them legal .This research aims at pointing out the importance of the electronic signature and its role as much as legal proof is concerned by presenting its concept, phases , and the possibility of skipping the problems that stuck in its way .we would concentrate on the Iraqi proof law position comparing with other legislations.

Drugs and their role in human criminality

farkad abod

Risalat al-huquq Journal, 2011, Volume 3, Issue 2, Pages 163-182

Drug a very big role in the formation of personal criminal human specific, because they affect the nervous system with iron and thus reflected the behavior of human addict or drug abuser, where he spoke an imbalance in the composition of the psychological or mental and paid as a result the commission of various crimes, whether those offenses against persons or funds, such as murder, beating or wounding, theft or embezzlement, bribery, or torture, or moral crimes as crimes of rape or sexual buggery, indecent assault, noting that most drug addicts and drug abusers who commit moral crimes for loss of control of the instincts and thus weaken the role of the mind to control the instincts and in particular Libido .
As for the types of drugs are divided into plant-based drugs and synthetic drugs or chemical (or as it is called in some Arab precursor drug laws), and also notes that drugs can be used in projects as a suit prescription to treat a particular patient.
On the other hand noted that the drug a significant impact in the composition of the psychological crime through the influence of the nervous system as well as on the psyche of the addict and thereby forming a psychological crime through drug addiction and abuse, note here also that the abuse at drug affects not only just of criminality of the act of an addict, but extends to the economic, political, social, ethical and moral as well as religious monuments, and these effects are reflected negatively on the society

Management tools in protecting the environment, "a study in Iraqi legislation" administrative law

rana yasen hasen

Risalat al-huquq Journal, 2011, Volume 3, Issue 2, Pages 183-198

A universe in all its components unit connected and balanced every imbalance in this delicate balance leads to endanger life on Earth at risk. However, not to introduce the environmental dimension in the decision of the administrative and wasteful use of natural resources and the failure to allocate sufficient funds for the purchase of equipment and industrial machinery developed which support the process of the economy and without harm to the environment in addition to the rapid development in agricultural investment and industrial and technological progress has led to environmental damage and poses a threat can not be underestimated it became incumbent on management to adopt the means of protecting the environment from the dangers that threaten them as the highest goals, which aspires to is to maintain public order items known and maintain the elements of the environment is only another face of the ambitious management in maintaining public order, being the two sides of same coin

Dissolution of the marriage contract and its implications comparative study in Islamic law and jurisprudence

ali kaled dpes

Risalat al-huquq Journal, 2011, Volume 3, Issue 2, Pages 199-209

Research addresses an im portent topic and most im pressive maher it is the sub ject of adivorce. which lead to the collapse of the family nest afairst and the collapse of the en tire communit because the community consists of set families that we talked about in this research to the topie of divorce with its sections and compared between thealogg and jurisprudence and the happening and not happening of it. legally and jnd icially the most importent what we talked about is aset of ercommendadions and proposals when working out lead s to remaining of the community.