2020-08-03

Internal armed conflicts remain world’s most common problems; particularly in Middle East where these conflicts are on a constant rise. Many innocent civilians are getting killed and wounded because of the actions of armed groups. Beside the material and property sabotage they commit, their actions and conflicts result in terrorizing and panicking innocent people. Therefore, protecting civilians is an urgent need and, in accordance to criminal responsibility, in one hand, the members of these groups must be held responsible for their actions and, on the other hand, people who have experienced terror and damage of their property must be compensated. It is of the state’s obligation to provide protection for civilians and maintain security in the region. Victims of armed conflicts have rights to be compensated and secured by the state. Moreover, there are specific laws that confirm this right. The study shows that the state’s civil responsibility to provide protection and to compensate civilians can presumably be implemented by focusing on the mistakes, sometimes only on the mere damage, or on the breach of the precautionary principle that the state must abide with to prevent damages even if there are unconfirmed damages. As there are insufficient general rules in state’s civil responsibility to provide effective protection for victims and their rights for compensation, it is either because of the difficulties in the implementation of elements of responsibility and sometimes when the doers are unknown as there are several laws that have been issued that oblige the state to ensure protection and compensation for victims according to the insurance system for the risks of these conflicts or through the state establishing insurance funds that are contributed by insurance companies, other parties, and a part of the state’s budget to facilitate obtaining compensations. Finally, the study concludes that the victims of all kinds of internal armed conflicts, whether it is by the state or not, must be compensated by the state even when the doers are unknown or the doers fail to provide compensation as the state guarantees its social duties towards the members of the society.

2014-02-10

Construction contracts are considered as one of the high risk contracts because of their features such as long and fixed period, complicated processes, unexpected environment, financial intensity and large number of employees. This research analyzes the existing construction contract under the Iraqi Civil Code No. 40 of 1951 and the principles of construction contract under the Shariah. The main objective of the research is to examine whether the Iraqi Civil Code is in compliance with the Shariah principles. The Iraqi Civil Code has the influence of the Egyptian law and French Civil Code. Although it incorporates the Islamic principles, its overall structure and substance is principally based on civil law. It shares common substance and legal theory with other civil legal systems such as in Egypt and France. This research applies the legal research methodology which focuses on doctrinal study. The study relies on inductive method of collecting the Islamic jurists views on construction contracts (Istisna), as well as uses comparative method to compare Shariah with the Iraqi Civil Code. It is observed that although most of the terms in Iraqi Civil Code contained in Articles 864-890 are consistent with the Shari'ah provisions, there are still few differences between the two laws due to the impact of the French and Egyptian Civil Code on the Iraqi Civil Code. This study recommends that some of the provisions in the construction contract under the Iraqi Civil Code should be amended to comply with the Shariah requirements and to keep pace with development requirements of the country.