Yaqeen Journal for Legal Studies

The Criminal Legal Framework for Combating Electronic Mendicancy

Djwar Ahmad Piramis Omer — 2025-06-01

This research examines a cyber cross border begging crime exploiting digital platforms and legislative gaps, particularly in Iraqi law, which lacks explicit criminalization and regulation of digital evidence. adopting an analytical-comparative approach with Saudi legislation, the study emphasizes on amending and updating Iraqi laws to address technological complexities, enhancing international cooperation through agreements, establishing specialized courts; Additionally, adopting preventive strategies including exchanging information and awareness campaigns. Finally, this research recommends enacting digital evidence laws, alignment of Iraqi legislation with international treaties such as Budapest convention, and creating government platforms to enabling individual report emotional and financial exploitation.

Keywords in English: Cyber Crime, Begging, Cross Border, Iraqi Legislation, Digital Evidence.

Issues of Presenting Patents as Intellectual Shares in the Capital of Joint-Stock Companies

ِAMMAR SALEH — 2025-06-01

Patents face a set of issues when presented as shares in the capital of a joint-stock company, considering that the contribution of shares by partners is one of the essential elements for establishing the company. The Iraqi Companies Law stipulates the contribution of what is called intangible assets from intellectual property rights (such as patents) in the capital of joint-stock companies, restricting their contribution to the founders during the company's establishment phase. Thus, the legislator considers the contributor's status similar to that of a founding partner, compared to the contribution of tangible assets such as real estate and movable properties. Taking into account the specific nature of intellectual shares as components of the company's capital, the Iraqi legislator's regulation of the provisions for presenting patents is inadequate and has numerous issues, some of them relate to the use of a term that refers to the contribution process, in addition to the problem of the method of presenting such shares and the required formality. Through this research, we have reached to a series of recommendations regarding the issues accompanying the presentation of patents as intellectual shares in the capital of joint-stock companies including adding a provision addressing the specific rules for presenting intellectual and in-kind shares, not limiting such contributions to the founders at the time of establishing the company.

Keywords: Intellectual shares, contribution of shares, patent, capital of joint-stock companies

The intervention of constitutional judiciary through review of legislative proportionality

Aras Rasule Rahman — 2025-06-01

The mechanism of judicial review of proportionality in legislation is considered one of the most advanced forms of constitutional review, as it involves various methods and approaches to judicial review of the constitutionality of laws. This mechanism is important because it is the means through which constitutional courts uphold rights and freedoms. Moreover, it is a sensitive form of review as it extends to one of the most intimate aspects of legislative authority: its discretionary power. In this regard, the constitutional judge uses proportionality review to assess the validity and constitutionality of the legislator's judgment when exercising their discretionary power in regulating various legal matters by enacting the necessary legal legislation.
While constitutional review originally pertains to legality, how can the extension of review to the discretionary power of the legislator be justified when assessing proportionality? In this context, we explore the role of the Iraqi Federal Supreme Court, compare it to constitutional review of legislative proportionality, and propose appropriate solutions and remedies for legislative proportionality.

Opening keywords: Constitutional judiciary, legislative omission, legislative proportionality, legislative deviation, constitutional and legislative interpretation.

Protecting family from the harms of social networks in international and internal law-

Omed Safary Hasan — 2025-06-01

Protecting family from the harms of social networks in international and internal law

(Analytical study)

Abstract

Social networks are an important and effective part of technological development, and these networks continue to evolve and change. Despite their benefits, there are many negative effects on the family and the individual, such as divorce, domestic violence, the promotion of extremist ideas, and the distortion and diminishing of the supreme values of society and the family. Additionally, they can lead to negative changes in moral values. Moreover, social networks pose obstacles to performing certain rights and obligations within the family and reduce their exercise of some rights, such as the right of parents to raise their children and the mutual rights of married couples.

The aim of this research is to analyze the negative effects of social networks and the level of interest of legislators and the legal organization of social networking sites, as well as their effects at the international and domestic levels in Iraq and the Kurdistan Region, to preserve the family entity and reduce the damage to it. We used the analytical approach to achieve our goal in this research. We divided the research into two chapters, with each chapter subdivided into three sections. In the end, we presented a number of conclusions and recommendations.

Key words: Family protection, Social networks, International law, Internal law.

Engagement in Christian law

Aram Ablahad Mansour — 2025-06-01

The engagement as a preliminary stage of concluding marriage contract is very significant within various schools in Christian jurisprudence due to the fact that this stage in which a man and woman can ascertain the future success of their marriage. However, the multiplicity of Christian schools in Iraq and lack of a unified personal status law for Iraqi Christians are among the most pressing challenges faced by whom intend to marry. In particularly, issues related to the fulfillment of substantive or formal conditions for engagement, the impediments that may prevent it, and the legal consequences of its termination or dissolution. In this research, we examine the engagement in general through ecclesiastical laws and Christian-specific legislation, for the purpose of unifying legal provisions so that it be a starting point to draft law governing all aspects of personal status for Christians in Iraq.

Keywords: engagement, Christian jurisprudence, dissolution of engagement, formal conditions, impediments of engagement

Compensation for damages caused by expired foodstuffs

Eman Yousif Noori — 2025-06-01

Food, in general, plays a vital role in human life. The issue of compensating individuals harmed by expired food products is an important subject. Hence, it is essential to provide safe, sound, and suitable food for human consumption. Determining the expiration date of food products is one of the fundamental and necessary requirements for buyers to ensure that the product fulfills its intended purpose of consumption. The expiration of food products' validity period renders them spoiled, defective, and unfit for human consumption. Consequently, they must not be consumed as they threaten individual’s life. In this research, we have addressed one of the crucial consumer protection issues arising from damages caused by expired food products - specifically compensation including the procedures for claiming it, the types of compensable damages, the competent authority responsible for its assessment, as well as the guarantees for its fulfillment or recovery. For this purpose, it is necessary to refer to the relevant laws, including the Iraqi Civil Code and the Consumer Protection Law, to demonstrate the effectiveness of these laws in ensuring that the affected party obtains compensation. The study concluded that although the Consumer Protection Law aims to safeguard consumer rights, it does not serve as a significant pillar or guarantee for achieving compensation. Therefore, it was necessary to revert to the general rules stipulated in the Civil Code, which means requiring the buyer to prove liability. This poses a difficulty in securing their compensation. Accordingly, the study recommends the necessity of amending the Consumer Protection Law to hold both the supplier and the advertiser liable for damages caused to consumers and to mandate that they obtain civil liability insurance for breaches of the obligations stipulated under the law.

Key Words: Expired food products, Expiry date, Types of damage, Compensation assessment, Forms of compensation

constitutional The Constitutional Value of the Kurdish Language in Iraqi Constitutions

Roman Khaleel Rasol — 2025-06-01

The Kurdish language serves as a symbol of the Kurdish people and is one of the characteristics that distinguish them from other nations. Over the course of history, the Kurds have encountered numerous hardships and challenges, but they have nonetheless preserved their existence and identity, and their language has survived. The division and separation of Kurdistan greatly affected the Kurdish language, yet it was never completely eradicated. In Kurdistan - Iraq, the legal and political status of the Kurdish language was different from the other parts of Kurdistan. The periods of stability were interspersed with periods of decline. This study seeks to examine the constitutional status of the Kurdish language across Iraqi constitutions from the establishment of the Iraqi state until the 2005 Constitution. Additionally, the researcher endeavors to explore the strengths and limitations of these constitutions, examine the constitutional articles regarding the Kurdish language, and offer constructive criticism to reinforce its status and uphold its constitutional role. The study concludes with a set of findings and recommendations.

Disguised employment-related sanctions

Dr.Zeerak Majeed Mohammed Saeed — 2025-06-01

Whereas the proper, regular, and consistent functioning of public services regulates the administration's authority in taking measures and exercising disciplinary procedures in which ensure the continuity of operations and removing obstacles thereto, this does not imply conflating procedures and rules, even when their objectives are alike. This is because of that the legislature has established distinct procedural pathways for each measure, with specific safeguards and incentives that both protect the administration's right to exercise its powers and

guarantee employees' rights to defend their interests. Furthermore, while administrative procedures and disciplinary accountability share the fundamental goal of protecting and promoting public interest, their respective purposes differ substantially. Consequently, any administrative confusion between these two constitutes a violation of the principle of legality and an abuse of authority. The administration must therefore be prohibited from using administrative measures to achieve disciplinary outcomes, as such overreach constitutes ultra vires action and leads to the nullity of the administrative decision.

Keywords: Disguised sanctions, Discipline, Penalty, Civil servant, Administration.