https://uomisan.edu.iq/law/mjcls/index.php/mjcls/issue/feed MIsan Journal of Comparative Legal Studies 2024-07-14T11:32:30+00:00 أ.م.د.أميل جبار عاشور [email protected] Open Journal Systems <p>The journal was founded in 2020 under the name of Misan Journal for Comparative Legal Studies. Its function is to publish comparative legal studies and research. It is a refereed journal recognized by the Ministry of Higher Education and Scientific Research and is issued periodically in physical or electronic format, and it can be issued in both ways together. The journal publishes two issues per year and it is semi-annually. </p> https://uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/295 دور محضر الجلسة في تصحيح بيانات الحكم ( دراسة مقارنة) 2024-07-13T21:13:39+00:00 Hamed Shaker Mahmoud Al-Taay [email protected] Haider Fehmi Hatem [email protected] <p>The minutes of the session are a paper of the lawsuit, in which everything that takes place in the session is recorded, and testifies to the safety and validity of the procedures that take place in the lawsuit and completes the rest of the judicial papers, such as the judgment in some of the due and necessary data in it, and arranges many legal effects in the civil litigation, and has authority as an official paper with the data it contains, and the minutes of the session are important in completing the judgment data, Therefore, we will discuss the importance of the minutes of the hearing in completing the judgment's data</p> 2024-07-15T00:00:00+00:00 Copyright (c) 0 https://uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/300 The Applications of Force Majeure in Islamic Sharia on Contracts (Comparative study) 2024-07-14T10:33:32+00:00 Nasser Hussein Jabbar Al-Saedi [email protected] Mohammed Jasim AlSaadi [email protected] Amer Zug Hayer Muhsin Al-Ka'ba [email protected] <p>The aim of this study is to explore the applications of force majeure in Islamic jurisprudence, given its direct impact on contracts and financial transactions. Islamic jurisprudence was the first legal system to address force majeure with practical rulings, considering each of its rulings as a separate theory. Therefore, we will elucidate the applications in which Islamic jurisprudence has addressed force majeure, as well as those that do not fall under its purview, such as specific excuses, defects in the subject matter of a contract, and the impossibility of contract performance. We will also examine the applications in which force majeure has been addressed, such as currency exchange rate fluctuations, natural disasters, and general excuses. These rulings are sometimes in line with positive laws, as they can either decrease or increase the contractual obligations, a principle that is also applied in positive laws.The Civil Law of Iraq, for instance, explicitly allows for the reduction of excessively burdensome obligations to a reasonable extent if justice requires it, as stipulated in Article(146/2). The central question posed in this study is: What are the most important applications of force majeure in Islamic jurisprudence regarding contracts? The answer to this question is as follows: There are several applications of force majeure in Islamic jurisprudence that directly impact contracts, such as general excuses, the occurrence of natural disasters, and currency exchange rate fluctuations</p> 2024-07-14T00:00:00+00:00 Copyright (c) 2024 https://uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/302 The Iegal Basis For Criminalizing Normalization With The Zionist Entity (A Comparative Study) 2024-07-14T11:32:30+00:00 Karrar Radi Diwan [email protected] AmeeI Gabbar Ashour [email protected] <p>The legal basis for criminalizing normalization with the Zionist entity goes back to the Penal Code No. (111) of 1969, which criminalized normalization with the Zionist entity in the text of Article (201), and then a special law was issued criminalizing normalization with the Zionist entity No. (1) of 2022, and this is similar to The legal basis in the General Penal Code with the law criminalizing normalization with the occupying Zionist entity in the Penal Code, as most of the acts criminalized in the law criminalizing normalization were previously criminalized under the Penal Code, but they differed in terms of punishment, as the punishment in the Penal Code is harsher and more severe than the criminalization law. Normalization with the Zionist entity, and therefore the legal basis in the law criminalizing normalization differs from that in the Penal Code</p> 2024-07-14T00:00:00+00:00 Copyright (c) 2024