The concept of shared ownership and its adaptation
Nada Salim Hamdon
Malla Alow
Private Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2009
ara
Shared ownership raises many disputes between partners because of the specificity of this type of ownership. Each partner has a full share, and this share relates to every part of the shared money and at the same time is considered as a foreign to the shares of other partners. This equation has made it difficult for partners to use shared money, so there are several ways to use shared money to ensure equity and equality among partners, and the beneficiary is one of these methods, but the most justice. The partners share the shared benefit of money, The Iraqi legislators organized their provisions in articles 1078-1080 of the Iraqi Civil Code, as well as by the Egyptian, Syrian, Yemeni and Egyptian legislators, and the United Arab Emirates legislator because it is the most common picture among partners to eliminate the overlap that this type of ownership raises. However, civil law has overlooked a number of important aspects of Islamic jurisprudence when organizing joint ownership. In this study, we wish to shed light on these aspects and to clarify the position of Islamic jurisprudence and the comparative laws of shared ownership,
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
14
v.
42
no.
2009
1
40
https://alaw.mosuljournals.com/article_160545_d4f5b84c33f9ed852dddcc2c61c0535c.pdf
dx.doi.org/10.33899/alaw.2009.160545
Legal evidence and its role in judicial separation
Shuker Mahmoud Daoud
AlSaleem
Private Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2009
ara
The Islamic law and the state legislations have given great importance to proof of evidence, because of the great role it plays in the administration of justice and the realization of the truth. The Almighty said: "O David! We did indeed make thee a vicegerent on earth: so judge thou between men in truth (and justice): Nor follow thou the lusts (of thy heart), for they will mislead thee from the Path of Allah: for those who wander astray from the Path of Allah, is a Penalty Grievous, for that they forget the Day of Account)The Almighty said: ((O you who have believed, if there comes to you a disobedient one with information, investigate, lest you harm a people out of ignorance and become, over what you have done, regretful).
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
14
v.
42
no.
2009
47
80
https://alaw.mosuljournals.com/article_160549_9c0a155068b47b4a908c884caf82562d.pdf
dx.doi.org/10.33899/alaw.2009.160549
Legal provisions for medical fees
Habeb Adres Isa
Almazory
Private Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2009
ara
The profession of medicine is a special type unlike any other profession because it is an exercise of artistic and moral profession aimed at a humanitarian service in which the doctor deserves the confidence to be entrusted to his patient, which requires respect for his dignity and maximum care regardless of his religion or political position.The choice of doctor for his profession of his own volition and desire obligates him to abide by its principles and traditions, which is a material profit secondary to the human service, as well as imposes behaviour consistent with its ideals such as being honest in his work, familiar with his art, and exerting effort in his services, and humble and compassionate and aware and balanced in his actions and quickly to meet the request for aid without complaining of fatigue.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
14
v.
42
no.
2009
85
115
https://alaw.mosuljournals.com/article_160546_42590f690b430081edd5fa5750de1c6b.pdf
dx.doi.org/10.33899/alaw.2009.160546
The Judicial System in the Kingdom of Saudi Arabia: Its Origination and Development
Abdulrazaq Khalaf Muhammed
Al-Taee
Center for Regional Studies, University of Mosul, Mosul, Iraq
author
text
article
2009
ara
Saudi Arabia is spending nearly $ 2 billion to reform its judicial system, including courts and related institutions, in an attempt to streamline legal procedures, thereby helping to strengthen the role of the courts in the country and work on judicial independence to make decisions taken away from outside influence. The judiciary in Saudi Arabia is distinct from other judicial systems in the Arab countries by belonging to a system that requires it to apply the provisions of Islamic law directly, except for some administrative committees that have judicial authority, because Saudi Arabia takes a system of multiple jurisdictions, however, the Shari'a courts remain the one with general jurisdiction, and others have a limited mandate to restrict them to exclusive disputes.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
14
v.
42
no.
2009
119
141
https://alaw.mosuljournals.com/article_160550_0c0717ab15d3caad2d580d45509181cb.pdf
dx.doi.org/10.33899/alaw.2009.160550
The legal adaptation of the operations of PKK fighters
Amer Abdel Fattah
Al- Gumard
Public Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2009
ara
The PKK is one of the most important problems affecting the countries of the region, especially Turkey, Iraq and Iran.Nearly three decades ago, PKK operations were continuing against Turkey, whether from Syrian territory or later from Iraqi territory. Since the occupation of the United States, Iraq has entered as a party concerned with these Turkish operations and raids.The writing on this subject, apart from the reports and documents of the concerned parties, faces a major problem, namely, that this topic examines the facts of guerrilla warfare in very rugged mountainous areas where there is no power. So, we found in the books and reports available on the subject a difference in some dates and names and even in the story of one event
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
14
v.
42
no.
2009
145
175
https://alaw.mosuljournals.com/article_160547_ffbeac31846757d1ec9ec786d9d9f8a3.pdf
dx.doi.org/10.33899/alaw.2009.160547
The legality of tax decisions issued by the Provisional Authority of Occupation
Abdul Basset Ali Jassem
AlZobaidi
Public Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2009
ara
After the occupation of Iraq in 2003 by the United States of America and its allied forces, the UN Security Council passed resolution 1483 on 22/5/2003, which ruled that the United States and Britain are two countries of occupation of Iraq and in light of this was issued by Paul Bremer Many of these decisions are made by the administration of the Coalition Provisional Authority (decisions related to Iraq's tax strategy), so it is necessary for tax specialists to study these decisions legally.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
14
v.
42
no.
2009
181
198
https://alaw.mosuljournals.com/article_160551_2c88aac529b1d042799e503f8a7c0dd1.pdf
dx.doi.org/10.33899/alaw.2009.160551
Protect the rights of women under occupation
Khalaf Ramadhan Mohammed
AlJubory
Public Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2009
ara
God honoured the sons of Adam (men and women), where the Almighty says in the arbitrator of his book specifically in verse 70 Surat Al-Isra (We have honoured the sons of Adam; provided them with transport on land and sea; given them for sustenance things good and pure; and conferred on them special favours, above a great part of our creation), and there are many verses The noble and the prophetic Hadiths that emphasize the granting of women many rights that ensure them to live in dignity, dignity, security and tranquility. It is known that human life has gone through many stages of development before reaching what it is today, Isolation and living alone to the small communities that formed the villages, and then the cities until the emergence of States, which was a major turning point in the life of humanity, as greed began to increase gradually and conflict of interests takes broader and more comprehensive areas of the logic of mind often to the logic of power and aggression, Wars broke out in these or that part of the world, some of which ended in the state of military occupation. Certainly, the period of armed conflict or situations of military occupation has witnessed many serious violations and abuses of human rights, and women as a component and another element of human life alongside men will not be immune from such attacks.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
14
v.
42
no.
2009
201
236
https://alaw.mosuljournals.com/article_160548_b9dd26d48bb56752a49136edc762783d.pdf
dx.doi.org/10.33899/alaw.2009.160548
Freedom of travel and mobility
Sefan Bakrad
Mesroob
Faculty of Management and Economics, University of Mosul, Mosul, Iraq
author
text
article
2009
ara
Man is by nature a moving object that must move from one place to another according to what he wants and at any time he wants and the means he wants, and in this protection for his physical and psychological health together. Thus, freedom of travel and mobility is considered to be one of the personal freedoms.Personal liberties, which are fundamental freedoms, are at the forefront of freedoms as a condition for the enjoyment of other rights and public freedoms, but as the pillar on which all other freedoms are based. What is the value of a person if he does not decide to travel freely in and out of the country of his permanent residence or to travel to and return to other countries in accordance with the provisions of the law.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
14
v.
42
no.
2009
241
295
https://alaw.mosuljournals.com/article_160552_da583bbae96e95498b8c9a03295b89a0.pdf
dx.doi.org/10.33899/alaw.2009.160552