Volume 6, Issue 2, Summer 2014, Page 6-218


Protection of the natural environment in international humanitarian law

abd ali mohammed sewadi

Risalat al-huquq Journal, 2014, Volume 6, Issue 2, Pages 6-22

The provisions of international humanitarian law, the legal basis and the main source and effective in the process of providing the necessary legal protection of the natural environment and the preservation of resources and wealth in times of armed conflict .
Reflected grounds of international protection of the environment in such circumstances, and those circumstances in many of the documents and agreements , consisting of international humanitarian law should protect the natural environment during armed conflicts and as pointed out by others of these provisions of the ban or restrict the use of means and methods of a particular during the intensification of the armed struggle and the need to take certain precautions and procedures with respect to objects and civilian facilities , especially including those facilities of a private nature , which involves an indirect way to protect the natural environment and lack of exposure to risk.

International protection of refugees environmental

salah jeber al-basesi

Risalat al-huquq Journal, 2014, Volume 6, Issue 2, Pages 23-39

The phenomenon of humanitarian asylum is very old phenomenon, which is inherent in the persecution and fear , it has resulted in flows of human collective and individual refugees seeking a safe haven to protect them from danger.
In the present time emerged many harsh natural phenomena harsh represented cyclones, earthquakes, floods, and increased areas of desertification and drought, and with climate change, took a lot of the population in those areas of immigration and attempt to resort to other countries, making the most prominent phenomenon of environmental refugees and not regulated in the framework of an international agreement to protect them than to display the risk of expulsion and temporary shelter and without any legal protection.

Sources of Islamic law in the Constitution and statutory law (Comparative Study)

sebhi awda mohammed al-adeli

Risalat al-huquq Journal, 2014, Volume 6, Issue 2, Pages 40-70

Addresses the subject of research definition of the Constitution of Islamic law and the statutory law, and said the views of Sharia scholars of all schools of thought in terms of the possibility of writing an Islamic constitution founded on the basis of an Islamic state, appeared to be all Shariah scholars did not agree on the establishment of an Islamic constitution in all the doctrines of Muslims, but they can establish Islamic constitution, doctrinal, and that the different scientists doctrines in the interpretation of the source legislative basis, namely the Koran, and they fail to agree on the source of the year in terms of their origin and methods of the novel, has many differences in sources other accessory .. so I went to the possibility of establishing a civil constitution depends on the purposes of Islam, The input for the establishment of an Islamic constitution after traffic transition gradually establishes the civil constitution temporary, depending on the style of the gradient used by Islam beginning of the call, and other evidence into agreement or disagreement when scientists assets in Islamic law, noting the substantial convergence between some of the constitutions of civil (situation) and purposes .

The idea of ​​security (harm) in Islamic jurisprudence and its application to environmental damage, a comparative study between the Iraqi and Jordanian legal and Islamic jurisprudence

ali mohammed kalaf

Risalat al-huquq Journal, 2014, Volume 6, Issue 2, Pages 71-109

In the Civil law approach whether in French, Egyptian, Iraqi laws and other laws considered negligence is the general rule for civil liability , which requires compensating injured when completed civil liability the three pillars of the error and the damage and the causal relationship . The exception to this rule any base error - is to establish responsibility for the harmful act on the element of damage without a mistake , so realized the responsibility for tort as soon as the damage and the causal relationship between the latter and the act. This responsibility dubbed responsibility based on the damage , which is based upon Islamic jurisprudence. Accordingly, we will try to look at the idea of warranty ( damage ) in Islamic jurisprudence , it has to be what researchers in the law , that we address to the existing jurisprudence wealth in the Islam .The researcher wants to apply this responsibility - responsibility of Islamic jurisprudence- on the harm resulting from the pollution .Accordingly, this articles will be based on two sections . The first will be addressed to the concept of direct and causing whereas the second deals with the role of the direct and causing determine a causal relationship

Legal nature of the violations of the oil-for-food program in Iraq

hana esmail ebrahim al asadi

Risalat al-huquq Journal, 2014, Volume 6, Issue 2, Pages 110-132

In this research We dealt with in this research the legal nature of violations oil for food program in Iraq, we have adopted and the Ministry of Higher Education and Scientific Research model has included search parties oil for food program, and find out who among those parties is because of violations that occurred in the program According to the Iraqi Penal Code and international texts, and what are the actions that have been undertaken by Iraq's attempt to recover the amounts disbursed without charge and its was to parts The first was adopted on the principle of negotiations and that did not work, while the second is through litigation has been moved several lawsuits against companies contracted has been reached in this research to many of the recommendations, including the responsibility of the United Nations personnel for these violations.

Arbitrary arrest

alla naser hesen

Risalat al-huquq Journal, 2014, Volume 6, Issue 2, Pages 133-153

The order of arrest is considered as an urgent decisions personal freedom it is a dangerous to the extent that the law surrounded both with regard to guarantees on who issued or the time limit for the arrest or as required by law and him if it did not take into account these requirements was arbitrary arrests.
That the idea of arbitrary arrest is the same as the idea of arrest and illegal but it is justice that is not only robbed the freedom of the accused issued by a competent judicial authority and takes into account the legal requirements which required by law. That Iraqi law organize issuance of the arrest warrant in the articles (109- 113) of the Code of Criminal Procedure, unless it based on a courts decisions but it did not organize or refers to arbitrary arrest and this defect by the Iraqi legislature

Legal regulation of medical work

hader jasim mohammed hesen

Risalat al-huquq Journal, 2014, Volume 6, Issue 2, Pages 154-177

Medical work is considered to be one of the important works…. because of its connection with the life of the human being directly . every.. human beings suffered from diseases and who practice this job are the.. doctors who are not equal in the degree of knowledge and carefulness .. The job of medicine is characterized by its sacredness , it is a scientific, humanity and moral job it is a scientific human stick and person to be able and has practical and artistic abilities to able him to do that job , and to be merciful with people and to help… them from what they suffer . The doctor should have a big amount of.. freedom and trust to be able to do his job with , discreteness.. and trust. This research deals with the legal organization for the medical work This research has three
chapters. The first chapter deals with the definition of the medical work
while the second chapter discuss the principle of the juristic of the medical work, and the third chapter deals with the condition of the medical work .

Civil liability for contractor accommodation in the internet (Comparative Study)

maerwa zaid jewamer almandalioy

Risalat al-huquq Journal, 2014, Volume 6, Issue 2, Pages 178-193

Can not establish a website of its own, but through the contractor shelter, and the latter may be a natural or juristic person shall store applications and records information to its customers and provide them with technical means that enable them to have access to that inventory over the Internet, and this role technical doing remains Undertaker shelter away from the content of the secured address not be able to modify or delete it. Consequently, the original is not the responsibility of contractor shelter for secured electronic illegal, but excluding the responsibility of the civil case of breach of one of the terms of the contract between him and the client or in case of his knowledge substance-mailand finally illegal in the case of non-response to the judicial authorities

Members responsibility transfusion centers in the disposal of human organs (Comparative Study)

hader shalal snawa

Risalat al-huquq Journal, 2014, Volume 6, Issue 2, Pages 194-218

The transfer of human organs created , many cases of Contaminated
organ tramsplants as well as medical error Associated with the disposal of organ , so it is Necessary to extended the scope of Resposibltion, than
is the resposibliton Of juristic persons which mean the responsibility Of organ.
Trans plants centers.therefor we will deal with responsiblies of trans plants organs centerin in the first chapters discussing the position of the juries prunes and juristic organization for tram plants organs centers the second chapters we discuss the illegality of there medical centers.