الرافدین للحقوق

The will and its effect on the heirs (comparative study)

2026-03-17T09:43:29+00:00

Voluntary acts, that the inheritor conducts unilaterally in which his / her money is stripped for free, are considered purely harmful to his legacy to which the right of heirs relates. Therefore, Islamic Laws regulated it to the extent that preserves the rights of the heirs by distributing the money proportionately, When the legislator and the law established the rules of compulsory succession represented by inheritance precisely and meticulously, he subsequently did not leave optional succession represented by the will under the absolute volition of the inheritor, but rather the legislator defined its boundaries, and demonstrates its conditions by restricting the freedom of bequest in accordance with the rules which are stipulated by Islamic Laws and embraced by the law as provisions based on grounds derived from rules and principles that are infallible of deficiency and shortcoming. The legislator also restricted it by preventing damage to the rights of the heirs and establishing legal safeguards for protecting their rights that were legislated for them, because the will has an effect in decreasing the rights of the heirs, especially the obligatory will. Therefore, the study attempts to illustrate the provisions of Islamic Laws and then the law and extrapolate the reason by determining these restrictions on the person’s conducts in his money during his life, in addition to the post-death.

The Annexation by Fixture in the English Law, An Analytical comparative Study with the Iraqi Civil Law

2026-03-17T10:00:08+00:00

The Fixture is considered as a cause of original acquisition of the right of ownership، as well as two other causes or ways، that is to say، the finding and the adverse possession. It is worth-bearing in mind also that the fixture is a type of the annexation of the chattels with real property، so as for the movable thing to lose its intrinsic character and becomes a part and parcel of the realty. The fixture is a chattel annexed to the real property to become a part of it. And is reserved or dedicated to serve it.the fixture has two main forms in the English law: the first is the annexation of the chattel to the real property so as to become a part and parcel of that realty. The second is the annexation by the way of the fixture. Many legal effects arise from the fixture in the English law. Whereas the Iraqi civil law No.40 of 1951 considered chattels annexed by their owner to the real property he or she also owns for its service and exploitation as a fixture

Amendment to the Iraqi Federal Constitution of 2005

2026-03-17T10:08:05+00:00

A constitution cannot be a completely unamendable document in the life of a state. Rather, it must contain provisions that allow it to keep pace with general developments so that it reflects the will of the nation and thus achieves continuous harmony between rulers and the ruled. This is essential for the continuity and stability of constitutional legitimacy, particularly in a federal state , there are local interests are diverse alongside national interests. It is necessary for the federal constitution to be relatively rigid, capable of accommodating the requirements of diversity and unity. Furthermore, the constitution should not be easily amended by the federal government or a majority of the states. Such a majority should be a special to ensure the broadest possible participation of the federal regions

Referring to the 2005 Iraqi Constitution, the legislature stipulated extremely complex procedures for amendment under Article 126, while it eased these procedures in Article 142, which pertains to the transitional process for amending the constitution. This article allow for the amendment of all articles of the constitution, including those related to the powers of the regions.

Tort liability for artificial intelligence actions in qatari law: A comparative study

2026-03-17T10:21:29+00:00

Independent AI systems are used frequently nowadays. This paper scrutinizes the question of determining the one liable for the damage associated with the use of AI applications. Firstly, the paper examines whether it is possible or even needed to grant AI a legal personality to hold it itself liable for damages resulting from its use. Secondly, the paper examines the applicability of the traditional legal rules of tort liability to damages caused by AI, whether in terms of personal liability, liability for the act of others, liability for the act of things, or products liability. To achieve this goal, the paper analyzes the relevant legal texts in Qatari law; it also compares them with the new European legal instruments in this regard. In order to properly redress the damages resulting from the use of AI applications, the paper recommends the adoption by the Qatari legislature of the objective liability

An analytical discussion of the yazidi survivors law

2026-03-17T10:31:20+00:00

The Yazidi [Female] Survivor's Law No. 8 of 2021، is considered one of the special laws enacted by the Iraqi legislator in a unique attempt to compensate Yazidi survivors for terrorist crimes committed by ISIS since August 3، 2014. The scope of the law extends beyond Yazidi survivors to include survivors from other ethnicities who have suffered grave violations، such as Shabak، Turkmen، and Christian minorities، as well as Yazidi children under the age of eighteen who were kidnapped. This law applies to all survivors from these groups of the mass killings and mass elimination carried out by ISIS in their areas. The law specifies forms of both financial and moral reparations aiming to achieve justice، fairness، and redress for the harm they have suffered from، along with providing support and care for them. It also clarifies international support and cooperation to overcome challenges during the implementation of this law، in addition to highlighting punitive aspects for holding perpetrators accountable with an explanation of the effects of the law on the state financially and its effect on beneficiaries in terms of the benefits provided by this law، as well as highlighting its major drawbacks and latent defects. The research emphasizes the necessity for the state to allocate financial resources to compensate and redress the survivors، simplifying procedures، and inquiring the Iraqi legislator to compensate survivors by Law No. 20 of 2009 as a grant rather than mere legal text that is not applicable.

Juvenile rehabilitation and alternative measures

2026-03-17T10:54:46+00:00

Non-criminal alternative measures are considered the latest findings of modern criminal policy in the scope of juvenile justice, as it gives the ability to innovate and renew in dealing with this important segment of society in a manner that suits the mental and physical capabilities of juveniles, away from grudges, revenge and pain, so that they become useful members of society and do not return to crime. These alternative, non-criminal measures require legal awareness of their importance and the need to inflict them on certain types of defendants who do not have a high risk of criminality and in certain crimes of low importance that can be remedied and compensate the victim and the community for the harm they suffered in a satisfactory manner by agreement between them and the juvenile or his representative. In proportion to the crime committed and consistent with it without prejudice to the criminalization of the act, as the act remains criminal, but according to the ideas of modern criminal policy, the criminal justice crisis can be addressed by the accumulation of criminal cases before the judiciary and the consequent disadvantages of penalties and measures of deprivation of liberty and the failure of traditional methods to limit The crime or its elimination, and the signing of these alternatives to non-criminal measures requires the adoption of non-criminal methods as alternatives to the criminal case in order to achieve the juvenile’s avoidance of penal institutions and thus achieve his reform and rehabilitation.

Legal regulation of childbirth outside of marriage "Inductive, grounded study"

2026-03-17T11:12:36+00:00

There is a great possibility that every sexual relationship between a man and a woman will produce fruit, without distinction between the legality of that relationship, such as between two spouses or between two parties who are not linked by a valid marriage contract, and whether that relationship was practiced with the consent of both parties or by coercion, which is represented by the birth A child has no fault in the emergence of that relationship that was the reason for his existence other than the fate that he wanted to bring him into existence, and it is known that countries in which the provisions of Islamic Sharia prevail do not recognize filiation and its effects unless its source is a relationship between two parties united by a legal marriage contract, otherwise not, in While many countries in which man-made laws prevail define filiation and have its effects, without paying attention to the nature of the bond under which the sexual relationship arose, the result of which was the birth of a child. Without distinguishing between the sexual relationship that took place with consent, or as a result of rape, or through natural intercourse, or through artificial insemination from sperm banks, these are logical results that fit with the idea governing sexual relations in statutory laws. The latter has permitted consensual sexual practices, so it had to add It has legal implications, especially the recognition of the legitimacy of the family that may arise afterwards, unlike the case in countries that have permitted sexual relations outside marriage, but have not recognized filiation or the family that arises as a result of that. They have also criminalized abortion and punished it at the same time.

Restriction in the jurisdiction of the International Criminal Court

2026-03-17T11:21:47+00:00

International legal rules, whether refer to human rights or that provide protection during armed conflicts Rather, it was born from the womb of international treaties or international custom and they are not at the same level of binding. If some of them are considered peremptory rules, it is not permissible to deviate from the obligations they impose, and they are Subsidiary to the hard law, in contrast to it there are complementary rules. International Criminal Court in 1998, which entered into force in 2002, includes procedural legal rules included in the Statute and other substantive rules that regulate the work of the Court. However, by looking at the legal rules of the International Criminal Court, there are many cases of restriction that The Statute of the Court referred to it, and these cases must be followed.

Impact of constitutional deviation on equal citizenship rights

2026-03-17T11:25:49+00:00

The constitution should express the general will of the people, which necessitates imposing oversight on the drafters of the constitution when they violate the supra-constitutional principles and objectives, to prevent them from deviating in the constitution from its objectives and spirit derived from the nation’s constants and supreme values.

And despite transformations and challenges witnessed by constitutional life in Iraq, and fully fulfilled aspirations, images of constitutional deviation emerged when the “State Administration Law for Transitional Period is final in 2004, and 2005 Constitution is permanent,” due to a defect in committee formation to write draft State Administration Law. Constitution is permanent or through a mock referendum that does not represent the reality of society, thanks to the focus and circumstances accompanying writing. Accordingly, these constitutions are supported on foundations that contradict the general foundations that govern society, the most important of which are the values of their interpretation.

The concept of constitutional morality in the provisions of the constitutional judiciary

2026-03-17T11:29:33+00:00

Constitutional morality is a newly emerging concept developed by the historian George Grote and quoted by the jurist Ambedkar, the aim of which is to sanctify the Constitution , any conflict of interests resolved by peaceful methods, belief in pluralism in society, ensure a decent life and equality aimed at democracy, this concept encourages dynamic interpretation of the Constitution and judicial creativity, The Supreme Court of India worked on it without laying the foundations explaining how to use it, made it subject to criticism that it goes beyond the principle of separation of powers, which requires finding a clear definition of it that avoids ambiguity and the scope of its application in order to prevent its abuse by judges according to their personal preferences and opinions, and then working to spread awareness of it among all categories of people to preserve their rights from being infringed by state authorities