https://jwups.uomosul.edu.iq/index.php/alaw <p> </p> <p>Al-rafidain of Law (ARLJ) has been published on behalf of the College of Law, University of Mosul, since 1996. We succeeded in re-issuing the journal immediately after the liberation of Mosul City from ISIS in 2017. It is an open-access journal published under the license of Creative Commons Attribution 4.0 International (CC-BY). ARLJ welcomes high-quality submissions, including articles, essays, case notes, comments, and reviews, which focus on Iraqi, Regional, or international legal developments.</p> <p>It was published simultaneously with the Iraqi scientific journal website IASJ. It has been classified among several internationally Well-known databases, DOAJ and IASJ. With the Impact factor, all research published in the journal obtains a DOI No</p> <p>. Al-rafidain of Law Journal(ARLJ) accepts all manuscripts sent by researchers in Arabic, English, and French </p> <p><strong>Please note:</strong> All submissions to the Alrafidain of Law Journal should go through</p> <p>https://ojs.uomosul.edu.iq/index.php/alaw</p> <p><strong>Open Access Policy</strong></p> <div>ARLJ is an open-access journal, which means that all articles are available on the internet to all users immediately upon publication, without requiring a subscription to the journal. Thus, all papers published in ARLJ are distributed under the open-access license agreement. Under this license, authors retain ownership of the copyright for their work but allow anyone to download, re-use, re-print, modify, distribute, or copy the content as long as the original authors and source are cited properly. <strong>Competing Interest Declaration</strong> All authors must include a competing interest declaration on their title page. This declaration will be subject to editorial review and it will be published in the article. Competing interests are situations that could be perceived to exert an undue influence on the content or publication of an author’s work. They may include but are not limited to, financial, professional, contractual, or personal relationships or situations. If the manuscript has multiple authors, the author submission must include competing interest declarations relevant to all contributing authors.<a id="_anchor_1" href="https://alaw.uomosul.edu.iq/file:///C:/Users/PC/Desktop/%D9%85%D9%84%D9%81%20%D8%AA%D8%B9%D8%AF%D9%8A%D9%84%20%D9%85%D8%AC%D9%84%D8%A9/%D9%85%D9%84%D9%81%20%D8%AF.%D9%86%D9%87%D8%A7%D9%8A%D8%A9/JOURnal%20website%20final%20.docx?lang=en#_msocom_1" name="_msoanchor_1"><br /></a> <strong>Peer Review Process</strong> All contributions are subject to a double-blind peer review process. All received manuscripts will be sent to two referees. Authors will be notified whether their papers are accepted for publication or not. The authors whose contributions are accepted for publication will be sent the referee form which is mentioned if revisions are required or if the paper is accepted as it stands. The authors requested to submit revisions for review and will send the new versions of their articles to the editor. The deadline for submitting the revised papers will be mentioned by the editor in the correspondence with the author(s)). All submitted work must not have been published elsewhere or be currently under review for any other publication. Criteria: - Relevance of theme/s - Originality - Argumentative structure &amp; clarity - Methodological integrity &amp; use of data (if applicable) - Use of literature &amp; theory - Language – the quality of communication reviewers will provide a score for each criterion, an overall recommendation, and comments. <strong>Publication fee </strong>Al-rafidain of law is not financially supported by any governmental or non-governmental organization. Therefore, publishing an article in the journal requires a payment of 130000 ID( 100 U$) as publishing fees. </div> <div><strong>Frequency:</strong> 4 issues per year</div> <div> </div> <div> </div> en-US <p>CREATIVE COMMONS ATTRIBUTION</p> <p>Permit others to distribute and copy the manuscript, to create extracts, abstracts, and other revised versions, adaptations or derivative works of or from manuscript (such as a translation), to include in a collective work, to text or data mine the article, even for commercial purposes, as long as they credit the author(s), do not represent the author as endorsing their adaptation of the article, and do not modify the article in such a way as to damage the author's honor or reputation. Further details are found at: <a href="http://creativecommons.org/licenses/by/4.0/legalcode">Creative Commons Attribution 4.0 International (CC BY 4.0)</a> In addition, ARLJ retains the copyright of published articles, which is released under a “Creative Commons Attribution License for CC-BY-4.0” enabling the unrestricted use, distribution, and reproduction of an article in any medium, provided that the original work is properly cited.</p> [email protected] (Pro..Dr.Qabas Hasan ALbadrani) [email protected] (Fathi Ali Fathi Alabdally) Mon, 01 Sep 2025 00:00:00 +0000 OJS 3.3.0.7 http://blogs.law.harvard.edu/tech/rss 60 https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49819 <![CDATA[The endowment system (Waqf), legislated as a means of drawing nearer to God, is governed by definitive rulings that have shaped its development over centuries. Muslim jurists have expanded its scope to include diverse forms, ranging from real estate and movable properties to the endowment of benefits. In light of rapid advancements in human civilization, there is now a pressing need to consider the establishment of digital asset endowments. Denying their permissibility risks closing an important avenue of benevolence. This study explores the potential of digital asset endowments by examining the challenges faced by traditional charitable endowments and the necessity of adapting to contemporary contexts. It addresses both the legal and economic dimensions of this transition, framed within current economic, social, political, and educational realities. The research further seeks to harmonize the jurisprudential foundations of Waqf with the provisions of Qatari endowment legislation. Ultimately, it calls for legislative reform to regulate digital asset endowments effectively, ensuring their compatibility with the intrinsic characteristics of this emerging form of wealth.]]> Yassir Al iftaihat, Imad Mustafa Qaminassi Copyright (c) https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49819 Mon, 01 Sep 2025 00:00:00 +0000 https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49820 <![CDATA[To activate and reinforce the value of the rule of law, it is essential for the legislative system to organize its activities effectively. Such organization can only achieve its goals by keeping pace with social, economic, cultural, and political developments that shape society. The legislative system represents the harmonization of all elements necessary to build a coherent legal framework within the state. Its importance extends beyond ensuring legislative stability and fostering public confidence in the law; it also adapts to societal changes, thereby maintaining the effectiveness and relevance of the legal system.]]> Mohammed Sulaiman Alahmed, Hussain Faiq Copyright (c) https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49820 Mon, 01 Sep 2025 00:00:00 +0000 https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49822 <![CDATA[The specialization of administrative bodies in organizing electoral propaganda is a fundamental and necessary aspect of ensuring the integrity of the electoral process within democratic systems. Recognizing the importance of this role, the Iraqi legislator established a constitutional body the Independent High Electoral Commission (IHEC) to oversee and regulate electoral activities. As an independent institution under parliamentary oversight, the IHEC is legally empowered to issue regulations and instructions governing electoral propaganda, in accordance with the Iraqi Constitution, electoral laws, and democratic principles such as transparency, equality, justice, freedom of expression, and the right to political participation.This study examines the legal and institutional framework governing electoral propaganda in Iraq, focusing on how it upholds the principles of fair elections and the peaceful transfer of power. It also explores the mechanisms in place to combat violations, including the introduction of electoral propaganda crimes by the Iraqi legislator, aimed at deterring practices such as violence, fraud, and corruption that threaten the legitimacy of the democratic process. The research situates Iraqs legal approach within a broader comparative context, analyzing how electoral regulations align with those in other democratic systems where the people are recognized as the ultimate source of authority.]]> Shaymaa Aziz Copyright (c) https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49822 Mon, 01 Sep 2025 00:00:00 +0000 https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49823 <![CDATA[Studies on the elderly represent a vital and often overlooked area of research, despite the fact that this demographic constitutes an essential segment of society. The elderly have long faced marginalization and violations of their basic rights, with insufficient legal frameworks in place to ensure their protection. This lack of comprehensive legal safeguards persists even though Islamic law strongly emphasizes the dignity, respect, and care owed to the elderly. This research explores whether the current international legal frameworks are sufficient to protect and uphold the rights of the elderly. It critically examines the adequacy and effectiveness of existing regulations and seeks to identify gaps that may hinder justice and protection for this vulnerable group.]]> shaimaa ALlayla Copyright (c) https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49823 Mon, 01 Sep 2025 00:00:00 +0000 https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49825 <![CDATA[This study examines the legal status of women within criminal legislation, both public and private, with particular focus on the adequacy of such provisions in addressing and reducing the phenomenon of violence against women in society. As a vulnerable group, women are disproportionately exposed to various forms of violence, which necessitates effective legal protection. The study analyzes the criminal treatment afforded to women, whether substantive or procedural, in order to assess the extent to which these legal provisions succeed in providing real protection and reducing violence. By evaluating the effectiveness of existing criminal legislation, this research highlights the need for stronger safeguards that ensure womens rights and security within the legal framework.]]> Fidaa Hassan, Muhammad Sattam Copyright (c) https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49825 Mon, 01 Sep 2025 00:00:00 +0000 https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49826 <![CDATA[Participation in parliamentary elections is among the most fundamental rights guaranteed by the Iraqi Constitution, as in many other constitutions worldwide. Through these elections, citizens exercise their right to indirectly manage public affairs by electing representatives to parliament. This study addresses a crucial issue: the challenge to the validity of parliamentary membership before the Federal Supreme Court in Iraq, the sole constitutional authority empowered to decide such disputes. It emphasizes the Courts role in safeguarding the legitimacy of parliamentary membership, which is essential to the stability of the countrys foremost constitutional institution. Given the heavy responsibilities entrusted to members of parliament, ensuring the soundness of their membership is vital to maintaining public trust and avoiding prolonged disputes that may hinder parliamentary performance.]]> Samer Safar Copyright (c) https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49826 Mon, 01 Sep 2025 00:00:00 +0000 https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49827 <![CDATA[This research examines the concept of digital criminal investigation and the legal guarantees afforded to the accused within the context of the electronic environment. As technological advancements continue to reshape the landscape of criminal activity, cybercrime presents a growing challenge to legal systems worldwide. The increasing reliance on digital evidence in criminal proceedings underscores the urgent need to uphold the rights of the accused during all stages of digital investigation. The study analyzes the procedures involved in digital criminal investigationssuch as the collection, preservation, and analysis of electronic evidenceand evaluates their alignment with international legal standards for fair trial rights. Particular attention is given to legal safeguards aimed at preventing violations, including unlawful surveillance, data breaches, and coercive methods of evidence gathering. By exploring the tension between effective law enforcement and the protection of individual rights, the research offers recommendations for strengthening legal frameworks to ensure justice and due process in the digital age.]]> Anas Khalaf Copyright (c) https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49827 Mon, 01 Sep 2025 00:00:00 +0000 https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49828 <![CDATA[This article investigates the geopolitical tensions stemming from Turkeys water infrastructure initiatives particularly the Southeast Anatolia Project (GAP) dams and their implications for transboundary water negotiations with Iraq. The study critically assesses Iraqs negotiation strategies by examining relevant international legal frameworks, customary international law, and the specific legal gaps that Turkey has utilized to its advantage. In addition, the research explores innovative, technology-driven solutions aimed at fostering international cooperation and improving Iraqs negotiating position. Through the use of virtual negotiation simulations, the study provides practical insights to support Iraq in future diplomatic engagements. The findings highlight the importance of a comprehensive, multidisciplinary approach that combines legal, diplomatic, and technical strategies to safeguard Iraqs water rights and enhance its leverage in current and future negotiations.]]> Ahmed Alfatlawi Copyright (c) https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49828 Mon, 01 Sep 2025 00:00:00 +0000 https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49829 <![CDATA[The judiciary, both criminal and civil, plays a crucial role in protecting state property from encroachment, waste, loss, and illegal exploitation, particularly regarding real estate and other assets subject to unlawful claims. The administration is generally not permitted to use force unless authorized by law and must seek judicial intervention to assert its right to remove encroachments. This right to sue stems from the legislators recognition of the administrations legal personality, which enables it to acquire rights and bear duties. Consequently, lawsuits initiated by the administration to remove encroachments can take various forms, reflecting the complexity of protecting state property.]]> Kedar Saleh, Ahmed Awad Copyright (c) https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49829 Mon, 01 Sep 2025 00:00:00 +0000 https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49830 <![CDATA[Balancing a states right to impose punishment with the territorial independence of other states requires effective international judicial cooperation to prevent criminals from evading justice. Such cooperation is essential, as initiating criminal proceedings beyond a states borders without coordination would infringe on the sovereignty of other states, disrupt the integration of criminal procedures, and allow offenders to escape punishment. When criminal procedures extend outside a states territory, recourse to international judicial cooperation becomes necessary to overcome jurisdictional limitations and ensure the prosecution of offenders. This topic is significant due to its role in unifying criminal procedural frameworks and promoting the effective administration of justice]]> Ruqaya Hamzah Copyright (c) https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49830 Mon, 01 Sep 2025 00:00:00 +0000 https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49832 <p>Divorce is one of the most significant issues related to family life, and it is regulated in Islamic law through the Qur’an, the Sunnah, and scholarly consensus. Its primary purpose is to provide a lawful solution for marital difficulties that may arise between spouses. However, some husbands misuse this right, pronouncing divorce without its intended aim and in ways that contradict the guidance of Prophet Muhammad (peace and blessings be upon him). This practice, known as Innovative divorce (ṭalāq bidʿī), includes pronouncing triple divorce in a single statement, divorcing during menstruation, during a state of purity following intimacy, or during the wife’s waiting period (ʿiddah), whether revocable or irrevocable. Jurists have disagreed on the ruling of such divorces: some considered them effective but sinful, while others deemed them invalid. Legislations have also differed in their stance; for instance, Iraqi law has not fully adopted these rulings, which has had a clear impact on the stability of family and social life.</p> Faris Abbas, Amer Ahmed Copyright (c) 2025 Al-rafidain of Law Journal https://creativecommons.org/licenses/by-nc/4.0 https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49832 Mon, 01 Sep 2025 00:00:00 +0000 https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49821 <![CDATA[Disciplinary sanctions play a vital role within the administrative system, serving to uphold institutional order and ensure adherence to laws and internal regulations in public sector organizations. However, employees may face such sanctions due to misconduct or negligence. The existence of a legal mechanism for lifting or abolishing these sanctions underscores the importance of evaluating the procedures through which they are imposed. This research explores the legal and administrative framework governing the abolition of disciplinary sanctions in Iraq, focusing on the principles of justice, transparency, and due process. It examines the causes that justify the removal of sanctions, the procedures involved, and the broader implications for public employees and institutional efficiency. The study highlights how lifting disciplinary measures can positively impact employee morale, preserve professional reputations, and contribute to a more constructive and balanced work environment within government institutions.]]> Nawar Tawfeek Copyright (c) https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49821 Mon, 01 Sep 2025 00:00:00 +0000 https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49824 <![CDATA[The decision of the Federal Supreme Court has sparked significant legal controversy across jurisprudence, legislation, and the judiciary. The ruling faced strong opposition from the Supreme Judicial Council, which directed the enforcement of the General Amnesty Law and issued instructions for its implementation, without awaiting the outcome of the cases under review by the Federal Supreme Court. The Council regarded the state order as a temporary measure with limited authority, distinct from judicial rulings that are final, binding, and immune from challenge, where no evidence can be admitted to undermine their validity]]> Mohammad Alhasso Copyright (c) https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49824 Mon, 01 Sep 2025 00:00:00 +0000 https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49831 <![CDATA[The book Democracy and Human Rights by Professor Dr. Mohammed Younis Yahya Al-Sayegh stands as a valuable academic reference for students and researchers in public law, human rights, and international relations. It presents a balanced and comprehensive analysis, tracing the subject from its philosophical foundations to its applications in contemporary international political practice. The work also offers implicit recommendations for reinforcing rights and freedoms within the framework of genuine democratic systems.]]> Ahmad F. Adris Alhyali Copyright (c) https://jwups.uomosul.edu.iq/index.php/alaw/article/view/49831 Mon, 01 Sep 2025 00:00:00 +0000