Al-Kitab Journal for Human Sciences
https://isnra.net/index.php/KJHS
<p>Al-Kitab Journal for Human Sciences (KJHS) (ISSN:2617-460X) is a double-blind peer-review journal pubblished by Al-Kitab University college, that publishes original qualitative and quantitative research papers specialized in human sciences, namely Arabic and English languages, history, geography, art, religion, and psychological and educational sciences. Within this framework, the journal welcomes contributions to such areas of interest not only from Iraq, but also from all international academic and professional community a matter that would transform the journal to be a lighthouse for everyone looking for truth and knowledge embodied in human sciences. Founded in 2018, with 2-issues per/year.</p>كلية الكتاب الجامعةen-USAl-Kitab Journal for Human Sciences2617-460XContributions of Some Quality Improvement Tools to Support the of The Implementation Environmental Management System Specification a Field Study in Mosul Municipality Directorate
https://isnra.net/index.php/KJHS/article/view/962
<p style="text-align: justify;">The aim of this study is to assess the extent to which the requirements of the Environmental Management System (ISO 14001:2015) are met using selected quality measurement tools, namely the cause-and-effect diagram and the Pareto chart. These tools were applied in the Directorate of Mosul Municipality in Nineveh Governorate. The problem addressed in this study is the lack of possession of the ISO 14001:2015 international standard for environmental management system by the Directorate of Mosul Municipality. The problem was framed by several questions, including the most suitable quality measurement tools for implementing the ISO 14001:2015 standard in the Directorate of Mosul Municipality. The study revealed a gap between the actual situation and the requirements of the standard in the Directorate of Mosul Municipality, with a percentage of 63.1%, indicating that the administrative practices do not comply with the international requirements of the environmental management system. Among the main findings of the study are the existence of work procedures according to the ISO 14001:2015 standard, but they are concise and do not cover the actual operational and environmental reality of the Directorate of Mosul Municipality. Additionally, there are guiding documents and work instructions that are not activated or implemented accordingly. This was evident through the gaps identified in the results of the quality analysis tools used in this study, such as the cause and effect diagram and the Pareto chart. One of the key recommendations provided by the researchers is the necessity for the Directorate of Mosul Municipality to focus on the requirements and quality measurement tools related to its system, and for the senior management in the municipality to support the environmental management system.</p>Alaa H. Al-JaliliOmar G.T Al-Jeraisy
Copyright (c) 2023 Al-Kitab Journal for Human Sciences
2023-08-012023-08-016952210.32441/kjhs.6.9.1Impediments of Accepting Cassation Objective A Comparative Study
https://isnra.net/index.php/KJHS/article/view/963
<p style="text-align: justify;">The cassation appeal is considered an extraordinary form of appeal that requires specific legal grounds for its acceptance and non-rejection. These grounds should be based on a legal reason stipulated by the law, in addition to the general conditions for accepting it and the absence of any impediments. It is one of the procedural rights granted to litigants that cannot be arbitrarily denied. However, unrestricted use of the right to appeal without controls or criteria would have a consequential impact on the administration of justice. To avoid such consequences, the legislator has authorized the imposition of impediments to the cassation appeal. These impediments can be voluntary, originating from the litigant's legal consent, or judicial, where the litigant's consent has no role in determining their effect. The existence of these impediments results in the non-acceptance and rejection of the cassation appeal in terms of form, as well as the establishment of the validity of the judgment, the determination of rights, the absence of a place for appeal, the execution of the judgment, and the establishment of the judgment's costs</p>Ali Obeid Oweid Al-Hadidy
Copyright (c) 2023 Al-Kitab Journal for Human Sciences
2023-08-012023-08-0169235410.32441/kjhs.6.9.2The concept of international refugee law
https://isnra.net/index.php/KJHS/article/view/964
<p style="text-align: justify;">The protection of a citizen is the responsibility of the country of origin whose nationality he holds. But when he loses this protection for various reasons, and his country is unable or unwilling to provide it, and his parents have a well-founded fear of being persecuted, then he is forced to flee from his country of origin to another country in order to obtain safety and preserve his life. In this case, the responsibility for his protection is transferred from his country of origin to the international community, and this is known as the international protection for refugees, or the temporary alternative to national protection, which is available to a person when he loses the protection of his country of origin or in the event of its termination. In order to ensure that refugees enjoy international protection, states must accede to international and regional conventions related to refugees, and monitor their implementation according to their obligations under those conventions. Among the most important principles stipulated in these charters are the principle of non-refoulement, the principle of non-expulsion, and the treatment of refugees in accordance with humanitarian standards.</p> <p style="text-align: justify;">The United Nations High Commissioner for Refugees (UNHCR) defines international protection for refugees as (intervention operations by states, or the Office of the United Nations High Commissioner for Refugees, on behalf of asylum seekers and refugees, in order to ensure recognition of their rights, security, safety, and protection in accordance with international standards. These interventions include ensuring respect for the principle of non-refoulement, allowing refugees access to safety, facilitating their access to fair refugee status determination procedures, applying humane standards of treatment, and implementing durable solutions.</p> <p style="text-align: justify;">Based on that, it can be said that international protection for refugees is a means to ensure the recognition of the basic rights of refugees. This protection is one of the responsibilities of the international community in the event that the protection of the country of which they hold the nationality is not available, and to ensure the minimum level of security and safety for them, taking advantage of international texts, especially if neglect appears, the lack of concern for the refugees by the countries of asylum, and the failure to provide them with the required protection in the appropriate way. Anyways, the reason for slowness and lack of interest on the part of the countries of asylum is their unwillingness to provide assistance for various reasons, including economic, social, political, or others.</p>Muhammad Yunus AL-SayeghZeina Zuhair Muhammad
Copyright (c) 2023 Al-Kitab Journal for Human Sciences
2023-08-012023-08-0169559010.32441/kjhs.6.9.3The Impact of Personal and Political Characteristics in the Political Behavior of President Recep Tayyip Erdogan
https://isnra.net/index.php/KJHS/article/view/965
<p style="text-align: justify;"> Personal traits are the essence of a person. A person is born with Qatari preparations in himself, through which he moves from the power latent within him to saying, in addition to what he sees from the sixes about fathers. Since birth, the political personality is shaped through the family and social upbringing that the individual is exposed to, as the personality is the process of interaction of theoretical and social data, which focused the research in the investigation to find out the affiliated sites of the personality of President Recep Tayyip Erdogan behind his political behavior</p>Hazim Sabah AhmiedMaryam Irfan Jreshjy
Copyright (c) 2023 Al-Kitab Journal for Human Sciences
2023-08-012023-08-01699110610.32441/kjhs.6.9.4The Impact of the Coronavirus Pandemic on the Implementation of Administrative Contracts in Light of the Sale of Sat at Property
https://isnra.net/index.php/KJHS/article/view/966
<p style="text-align: justify;">The social, economic and service effects left by the Corona pandemic on all areas of life had an impact on the implementation of administrative contracts, and it left its clear imprints on the state’s money lease contract, and among these effects is the extent to which the Corona pandemic is considered a force majeure or an exceptional circumstance, and that each adaptation has legal effects that follow from it , which requires research in the extent to which force majeure conditions or exceptional circumstances apply to these contracts, and the researcher has concluded that the Corona pandemic is one of the exceptional circumstances that are not expected to occur, which makes it easier for the administration to approve treatments that ensure the preservation of the rights of individuals and ensure the benefit from renting owned funds For the state without harming the tenant, the researcher has recommended the need to apply the provisions of the theory of exceptional circumstances to the lease contracts concluded between the management and the contractor with it because the exceptional circumstances that occurred due to the Corona pandemic meet the conditions of this theory, and we also recommend the Iraqi legislator to add a text to the second chapter of the law of selling and renting the state No. 21 of 2013, the tenant of the state-owned real estate may be exempted from rental fees when not benefiting from the rented property during the period of severe circumstances. Except for the property that has been exploited and utilized.</p>Ansam Ali AbdullaHasan Talal Aljalili
Copyright (c) 2023 Al-Kitab Journal for Human Sciences
2023-08-012023-08-016910712810.32441/kjhs.6.9.5The concept of faith and its impact on evaluating human behavior
https://isnra.net/index.php/KJHS/article/view/967
<p style="text-align: justify;">The story of faith is a great story with which happiness revolves, existence and non-existence, and faith is security, tranquility, and belief, and its proofs are definitive and unquestionable. The innovator and the created point to the Creator, and the laws of creation from the atom to the galaxy, indicate the ability and mastery of its creator, but some ride the waves of the miscreants, so he turns away from what he created for him, and searches far from the limits of his ability, so he struggles with the unseen with his mind, causing himself distress and embarrassment as if he ascended to heaven, then claim He is one of the most thoughtful people and the most prudent of creation, and he runs in a vicious circle that does not reach a goal, nor does he rest in peace. The paths stumbled in him. As for the believer, whose faith evidences converged, he took the right path and the straight path, for he is the wisest of the sons of Adam in mind and the most powerful of them with evidence and authority. He knows good and indicates it, and forbids evil. </p>Nahedh Adnan Ahmed Al- Obaidi
Copyright (c) 2023 Al-Kitab Journal for Human Sciences
2023-08-012023-08-016912914410.32441/kjhs.6.9.6The Electronic Commercial Store
https://isnra.net/index.php/KJHS/article/view/968
<p style="text-align: justify;">The development of modern technical means in the field of transmitting electronic information has led to the lack of resort to the real physical world, due to the occurrence of major changes that have made the world a small village for commercial exchanges, so good legal concepts have been developed, and the electronic commercial store is one of the most important of them being the basis on which trade is based. Electronic, through which the seller can offer his services and goods for sale via the Internet.</p> <p style="text-align: justify;">The idea of the electronic commercial store is a modern idea and it is a feature of economic life, and with the spread of electronic commerce, it has become possible to display products and services by advertising them around the world through websites, which allowed communities and companies to view and purchase products and conclude commercial deals remotely. One of the most important things that distinguishes the electronic commercial store from the traditional store is its universality, because the pioneers of the Internet are from different parts of the world. Its legal nature does not differ from the traditional store, as it is considered movable money, despite the different means used in each of them.</p>Aseel Fadel Ismail
Copyright (c) 2023 Al-Kitab Journal for Human Sciences
2023-08-012023-08-016914517010.32441/kjhs.6.9.7The Legal Concept of the Service Mark A Comparative Study
https://isnra.net/index.php/KJHS/article/view/969
<p style="text-align: justify;">Trademark has greatly contributed to the field of development of commercial activity in every country through which services and commodities can be differentiated from others a trademark has several from, many of which are services mark that has become an indispensable necessity for its offers for differentiating their services from other smilax ones and preserving the distinguished attribute of this services as on attractive tool for consumers. Services trademark has also gained a lot of ground for it encourages competition in markets, a case which requires its providers to take care of its protection from cheating and deception. Therefore, they have made signals and symbols to differentiate the services offered by them. Such a service may be offered by a natural or a juridical person. It requires the existence of objective and formal conditions to acquire its ownership.</p>Bushra Khaled Turki
Copyright (c) 2023 Al-Kitab Journal for Human Sciences
2023-08-012023-08-016917119210.32441/kjhs.6.9.8The Authority of the Judge in Approving the Consensual Annulment, A Comparative Analytical Study
https://isnra.net/index.php/KJHS/article/view/970
<p style="text-align: justify;">The main objective of introducing annulment agreement in civil laws, specifically in contracts binding on both sides, and limiting the judge’s authority in them, is a precautionary measure that God resorts to in the event that one of the contracting parties fails to implement his commitment, but the approval of this agreement on its release, and the judge robbed his discretion; It may lead to wasting acquired rights, and a breach of maintaining the integrity of legal transactions.</p>Hassan Khamis Jurid Al-Obaidi
Copyright (c) 2023 Al-Kitab Journal for Human Sciences
2023-08-012023-08-016919321210.32441/kjhs.6.9.9Amending the Iraqi Constitution in Force for The Year 2005 Between Theory and Reality
https://isnra.net/index.php/KJHS/article/view/971
<p style="text-align: justify;">There are many questions surrounding the possibility of amending the current Iraqi Constitution of 2005. We often hear the repeated statement that the Iraqi Constitution is rigid and cannot be modified. This statement is not entirely accurate, as it carries an aspect of truth regarding the inflexibility of the Iraqi Constitution. However, this does not mean that it cannot be amended through specific procedures that preserve its dignity, ensure its sanctity, and prevent easy manipulation of its provisions. The process of amending the constitution faces numerous political and procedural obstacles, as evidenced by the failure of all previous attempts at amendment. Despite this, the amendment process would bring many advantages, including increased cooperation between the legislative and executive branches of power, as well as the completion of building legislative and executive institutions. Moreover, amending the constitution according to specific procedures would contribute to addressing many problems that have arisen from the practical application of the Iraqi Constitution since its enactment in 2005.</p>Zamil Maher Khabbaz
Copyright (c) 2023 Al-Kitab Journal for Human Sciences
2023-08-012023-08-016921323010.32441/kjhs.6.9.10Integrity and Justice Practices and Their Role in Reducing Waste an Exploratory Study at Hammam Al-Alil Cement Factory
https://isnra.net/index.php/KJHS/article/view/972
<p style="text-align: justify;">The research aims to identify the role of integrity and justice in reducing waste in the Hammam Al-Alil Cement Factory, as well as identifying the level of commitment of the respondents to integrity and justice in reducing waste occurring in production processes. Considering that they embody positive and negative aspects of separation, in a way that outweighs the positives and contributes to reducing the negatives, and by adopting the descriptive analytical approach in the selected industrial organization represented by the Hammam Al-Alil Cement Factory, with a sample size of (80) individuals from the senior and middle administrative leaders, and the exploratory study indicated a number of The manifestations that express the content of a problem that needs to be studied represented, are there complete conviction among the surveyed organizations of the importance of integrity and justice and in a way that reflects their interest in reducing waste? What is the degree of awareness of workers at the level of the surveyed organizations of the risks of waste facing the organizations?</p> <p style="text-align: justify;">The study relied on a set of statistical methods for analysis, and the results were extracted using the statistical program (spss 26), and reached a set of conclusions, the most important of which is, the existence of a correlation and influence of moral significance for integrity and justice in curtailing waste, and accordingly the study presented a set of recommendations, the most important of which is the necessity The management of the researched organization holds training courses and continuous conferences for the managers and employees of the researched organization through continuing education programs in order to develop a sense of responsibility, integrity and justice on their part towards adherence to work ethics to avoid waste.</p>Sultan Abdul RahmanAhmed Hikmat Mahmoud
Copyright (c) 2023 Al-Kitab Journal for Human Sciences
2023-08-012023-08-016923125010.32441/kjhs.6.9.11Citizen's rights under the effective constitution of the Republic of Iraq for the year 2005
https://isnra.net/index.php/KJHS/article/view/973
<p style="text-align: justify;">Individual rights are considered one of the most important subjects that have occupied the minds of many thinkers and philosophers throughout distant periods. During these periods, nations have witnessed numerous revolutions, uprisings, and peaceful mass gatherings in order to liberate themselves from the tyranny of rulers and reclaim their stolen rights, foremost among them the right to a decent and prosperous life. This can be observed in many countries today, including our wounded country, Iraq, which is of particular concern in this study.</p>Intisar Khalaf Al-Jubouri
Copyright (c) 2023 Al-Kitab Journal for Human Sciences
2023-08-012023-08-016925126410.32441/kjhs.6.9.12The economic competition of major countries in the Arab region since 2014
https://isnra.net/index.php/KJHS/article/view/974
<p style="text-align: justify;">The economic aspect is one of the most prominent areas of competition for the major countries in the Arab region, as a result of the region's availability of large natural resources, especially oil, which has become the main engine of the global economy. Therefore, the competing countries are trying to provide their energy security through the Arab region, which has become of strategic and economic importance. For competing countries, especially between China, European countries and the United States of America, and the economic competition between these parties contributed to the occurrence of polarization and the attempt of these parties to achieve superiority in the trade of goods and services in a way that guarantees them the realization of their interests and constitutes for them an advantage that increases their strength and economic progress.</p>Riyad Mahdi Abdul-KadhimZaid Ahmad Baidar al-Jubour
Copyright (c) 2023 Al-Kitab Journal for Human Sciences
2023-08-012023-08-016926528210.32441/kjhs.6.9.13The Results of the Democratic Transition on the Tunisian Political buffer after 2011
https://isnra.net/index.php/KJHS/article/view/975
<p style="text-align: justify;">Tunisia is considered one of the countries that adopted the democratic system changing its system of government from tyranny to a multi-democratic system after the Zine El Abidine Ben Ali’s era. It was able to form temporary governments to run state affairs and conduct business. Then the Constituent Assembly elections were held for Tunisia after the stage of its previous regime, and these elections were the best because it practiced the democratic path through the political participation of all parties that achieved good percentages, such as the Ennahda party, which won the highest seats and votes compared to its competitors. After that a new 2014 constitution for the country was drafted as a substitute for the 1959 constitution on the basis of which laws were organized to be obeyed. Later, other elections were held in 2014, which expressed the top democratic transition.</p>Hazim Sabah AhmiedAnsam Saad Hussein Zidan
Copyright (c) 2023 Al-Kitab Journal for Human Sciences
2023-08-012023-08-016928329610.32441/kjhs.6.9.14General principles of International Law Governing The Right to Nationality
https://isnra.net/index.php/KJHS/article/view/976
<p style="text-align: justify;">The general international law includes the general principles of the idea of nationality, in the sense that the international perspective of nationality is included in the study of the general principles of international law. Therefore, we have great reservations about using the term ideal guidelines, which jurisprudence has traditionally used, especially when internal legislation conflicts with one of the principles of nationality, as the term ideal guidelines approaches the principles of justice and natural law. In its entirety, it is a set of ideal moral or philosophical ideas, and it is more accurate, in our opinion, to always refer within the limits of the conflict between internal legislation and general international law in the matter of nationality to the general principles of international law. Assessing the validity of nationality rules in internal legislation or not, is necessarily due to the consistency of these Rules with general principles or not.</p> <p style="text-align: justify;">Accordingly, the rules of ideal law or the rules of thinking must not be confused with positive legal rules. It is not hidden that the use of the term ideal guidelines is an expression of mere moral rules or initial assumptions that distance - a priori - between the description of legality and the meaning of general principles of law. And we understood that all the rules of nationality have an abstract general origin in the general principles of international law, and from this origin a set of legal rules derive that are enshrined in the state’s legislation through the controls established in the general principles, and the difference in the legislation of states in the matter of nationality does not detract from this, as all countries have the choice Its nationality legislation is one of the general principles that are commensurate with the circumstances of each country, which obviously differ from another country. However, it is ultimately obligated to legislate within the framework of general principles, as it is one of the sources of public international law.</p> <p style="text-align: justify;">It should be noted that most of the nationality rules stipulated in domestic legislation are governed by a set of general principles so that the state chooses from these principles, and does not deviate from them, otherwise, this would be a violation of a general principle which is one of the sources of public international law.</p>Dilshad Nuri Abbas Al-SinjarMohammad Younis Al-Sayegh
Copyright (c) 2023 Al-Kitab Journal for Human Sciences
2023-08-012023-08-016929731610.32441/kjhs.6.9.15Pictures of the state of emergency in international human rights law
https://isnra.net/index.php/KJHS/article/view/977
<p style="text-align: justify;">A state of emergency is a procedure that is declared in cases of total and declared war, civil war, and limited armed conflicts. The state of emergency constitutes an extraordinary matter that occurs in the life of any country and threatens security and public order, in addition to its direct impact on human rights. The declaration of a state of emergency and the implementation of its laws have significant effects on the application of human rights agreements and the associated risks that affect multiple aspects of those rights. Furthermore, civil, political, economic, social, and cultural rights are affected. In order to mitigate the severity of the impact of emergency laws on these rights, it was necessary to protect and prevent their violation in such circumstances</p>Mohammad Younis Al-SayeghNawzad Habib Majeed Al-Dosky
Copyright (c) 2023 Al-Kitab Journal for Human Sciences
2023-08-012023-08-016931732810.32441/kjhs.6.9.16Political Upbringing A Study in Institutions and Dimensions
https://isnra.net/index.php/KJHS/article/view/978
<p style="text-align: justify;">Upbringing the individual politically means working on introducing the individual to his political environment and building a bond between the individual and the political system within which he lives and on which he will build his political orientations. Therefore, the political behavior followed by the individual and his political opinions and orientations are rooted in childhood and continue with him throughout his life even if these political orientations have been modified and changed as a result of the stages that the individual goes through to help him achieve political maturity while remaining solid gains, “Learning when young is like carving in rock”. Several channels and institutions contribute to being able to prepare the individual politically. </p>Hazim Sabah AhmiedMaryam Irfan Qasim Jreshjy
Copyright (c) 2023 Al-Kitab Journal for Human Sciences
2023-08-012023-08-016932935010.32441/kjhs.6.9.17The Legal Framework for The Temporary Administration in the Iraqi Insurance Companies (A comparative study)
https://isnra.net/index.php/KJHS/article/view/979
<p style="text-align: justify;">The insurance sector represents one of the fundamental components for the success of the financial system of the state. Because of the importance of this sector as it is an indicator of economic development, and its role in building the economy, the Iraqi Insurance Business Law No. 10 of 2005 created legal frameworks that guarantee how Dealing with the financial and administrative obstacles facing insurance companies with the least amount of risks and to ensure that their legal entity is preserved to prevent bankruptcy or liquidation. Thus, the law set the procedures for the rehabilitation of insurance companies as a legal means to organize the company's business through which an interim manager is appointed to temporarily manage the company to adapt its conditions in preparation for taking measures that include the development of plans and programs to overcome the financial and administrative crisis facing the company and enable it to start its activity.</p>Fawzia Mowafaq Thanoonyasir Mohammed Ali Al-hrythy
Copyright (c) 2023 Al-Kitab Journal for Human Sciences
2023-08-012023-08-016935138010.32441/kjhs.6.9.18Mechanisms and Policies for Managing Ethnic Diversity in Diverse Countries
https://isnra.net/index.php/KJHS/article/view/980
<p style="text-align: justify;">The success of countries with ethnic diversity in choosing the appropriate mechanisms for managing ethnic diversity guarantees them the achievement of harmony, political and security stability, and the advancement of the state’s economic and scientific reality, and makes this difference and diversity a factor in the state’s progress and development. On the other hand, historical experiences indicate that the state that ignored the demands of minorities and adopted It depends on undemocratic means in managing this diversity and fails to come up with an appropriate mechanism to deal with this issue, as it lives with political and security instability and economic problems and may often lead to the collapse of the state’s work, and its dealing with this issue is the basis for obtaining gains and legitimacy from society International, because this issue has become one of the important issues that are considered to increase the status of the state in the international community and avoid sanctions and international isolation, and in many cases the state loses many grants and privileges as a result of its handling of its administration and its dealings with the file of minorities.</p>Hind Mohammed Abdul-JabbarSaddam Abdul Sattar Rashid
Copyright (c) 2023 Al-Kitab Journal for Human Sciences
2023-08-012023-08-016938140210.32441/kjhs.6.9.19Obligatory cassation in the civil case - a comparative study
https://isnra.net/index.php/KJHS/article/view/981
<p style="text-align: justify;">The cassation appeal is an unusual way to challenge judgments and some of the decisions issued by all civil courts, with the aim of cassation or amendment by the Court of Cassation or the Court of Appeal in its cassation capacity, each according to its jurisdiction, and the cassation appeal as an unusual way that the opponent may not take unless specific reasons are available. For example, through it, no pleading is done, but it is limited to examining the case papers and making sure that the law is applied properly. Courts conform to the law as wanted by the legislator.</p>Thamer Ismail Hussein
Copyright (c) 2023 Al-Kitab Journal for Human Sciences
2023-08-012023-08-016940342010.32441/kjhs.6.9.20