Volume 22 Issue 72

Published: 2025-06-25

Contents


Editorial
Special Issue

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Editorial Alrafidain of Law journal seeks to play important scientific roles in addition to being a space to disseminate researches and in-depth legal studies, by contributing to presenting the...

DOI: 10.33899/alaw.2022.170653

Pages: 1111-3333
RESEARCH
Les ceintures de la misère autour les villes de point de vue juridique "Ceniture de misère", zone de non droit

Ali Esam,

The state assumes the performance of its functions specified in the constitution, and in order to perform these functions, it must possess movable and real estate funds and use them either by its...

DOI: 10.33899/alaw.2020.166829

Pages: 37-53
Le problème de l'urbanisme en désordre en Irak et les perspectives d'une solution par la loi

Abdul Rahim Alkhalify,

Le phnomne d'urbanisation chaotique est l'un des plus grands dilemmes auxquels sont confronts les pays, en particulier les pays en dveloppement. Il est vrai qu'une personne est libre de disposer de...

DOI: 10.33899/alaw.2020.166868

Pages: 311-336
The role of administrative Authority and its procedures in confronting the problem of squatter settlements

Fawwaz Khalaf Dhahir, Dhafir Madhi Faisal, Anas Abdulhaq Ismael,

The phenomenon of encroachment on state properties is one of the phenomena that began to spread in Iraq after the fall of the political system in 2003, and the events that followed, including...

DOI: 10.33899/alaw.2020.166846

Pages: 327-356
The effectiveness of real estate investment in eliminate informal housing

Sajjad Kalid Abdul Rahman AL Lami,

Real estate plays on essential role in facilitating investment, by meeting the growing need of the population for housing units, given its importance in economic and social development. Real estate...

DOI: 10.33899/alaw.2020.166864

Pages: 168-203
The constitutional and international guarantees for the human right to housing: A case study of Iraq

Shamiaa Gamal mohammed, Roshna muhammed ameen,

The right to housing is one of the fundamental human rights that is interconnected to other human rights which cannot be abandoned. It can be argued that any violation of this right will lead to...

DOI: 10.33899/alaw.2020.166869

Pages: 337-358
The Right to housing in Islamic Law and statutory legislation: A comparative study

hbieb almezory, Ahmed Mahmood Ameen Al haiaaly,

Although the right to housing has been recognized internationally as a basic human right for human survival and dignity, it is estimated that more than billion people do not enjoy decent and proper...

DOI: 10.33899/alaw.2020.166860

Pages: 26-66
Administrative enforcement authority and the regulation of urban land uses

Alia Ghazi Musa, Shaymaa Saadoun Aziz,

The administrative enforcement authority in Iraq can be considered as one of the most important jobs in the state that aims to maintain the public order, keep the peace and protect communities. The...

DOI: 10.33899/alaw.2020.166867

Pages: 256-310
The Right to housing as a fundamental right to guarantee human dignity

Salih Hussain Ali,

The right to housing is a basic need and an irreplaceable natural right. If this right is violated, other rights will be violated due to the link between the right to housing and other rights, it...

DOI: 10.33899/alaw.2020.166844

Pages: 302-326
Liability for breaching building approval and planning permission: a comparative study

Ismail Sasaa Ghidan, Ameen Rahim Hamid Al-Hajami,

The person wishing to build must adhere to the legal provisions predetermined by the legislation regulating urbanization and related to the building permit in terms of conditions for obtaining the...

DOI: 10.33899/alaw.2020.166841

Pages: 228-278
Informal housing and its suitability under the right of divorced women to housing

Nashwan Alhalem,

The problem of informal housing dates back to the beginnings of the twentieth century in which the rapid urban expansion of cities began with the concentration of government services in big cities...

DOI: 10.33899/alaw.2020.166863

Pages: 136-167
Intellectual security in criminal legislation Comparative study

Oday Tulfah Mohammed Aldoury,

Perhaps the most important outcome of wars in addition to destruction and poverty is the emergence of extreme ideas, which may lead to the isolation of the state and paralyzed developmental...

DOI: 10.33899/alaw.2020.166866

Pages: 232-255
Illegal Building on the Property of Others : A Comparative Study

Azad Salih, Nawzad jmal mohamed rashed,

Compensation is the effect of liability, which means, the penalty for breach of an obligation. When the liability of the air carrier is realized, the damage is incurred in the event of physical...

DOI: 10.33899/alaw.2020.166832

Pages: 110-176
Trespassing on state Properties: Possible and proposed Solutions (Analytical Study)

Taima Mahmoud Fawzy AL Sraff, zeena Al-obaide,

The violations of state real estate are among the negative phenomena that have spread recently and the problem has not been addressed by the legislator, and the only rules set in the Iraqi civil...

DOI: 10.33899/alaw.2020.166859

Pages: 1-25
Protecting the environment in the squatter settlements and slums

Zahraa Ahmad Mohammad Tawfeeq, Alaa Hazem Jarallah Ahmed, Abdullah Salim Ghaeb Mansoor,

Slums are among the problems that many developing countries suffer from, and also some developed countries, although the dimensions of the problem differ. In Iraq, the slums appeared as a result of...

DOI: 10.33899/alaw.2020.166843

Pages: 279-301
haphazard construction of buildings and its legal implications

DHUHA MOHAMMED SAEED ALNOMAN,

Haphazard housing is a building that individuals plan and construct on state-owned lands, and often these lands are on the outskirts of cities within unplanned and unregulated areas where...

DOI: 10.33899/alaw.2020.166828

Pages: 1-36
The role of Islamic investment “sukuk” in improving and developing living standards in slum areas

MUSTAFA AL NASRY, Bushra khled Alusef,

sukuk (Islamic bonds) can be considered well suited for investment in slum areas to improve and develop living standards. This is because these sukuk are documents of equal value representing...

DOI: 10.33899/alaw.2020.166833

Pages: 177-203
Federal Government Obligations to ensure the Right to Adequate Housing under the 2005 Constitution of Iraq: A Comparative Study

Yasir otaiwi A. Al-Zubaidy,

There is no doubt that public rights and freedoms occupy an important social position in human life, as they are the highest human values and even the highest of them in absolutely , as they are...

DOI: 10.33899/alaw.2020.166865

Pages: 204-231
Residential slums between the human right to housing Standards for adequate housing

Rakeb ALhamawe,

The number of people living in slums is estimated to be about one billion people living in inadequate housing, living under extremely poor living conditions, and most of them lack security of...

DOI: 10.33899/alaw.2020.166858

Pages: 407-451
Procedural protection of the right to housing

Ammar Almashhadany, Mohammed Alrbaa,

The state assumes the performance of its functions specified in the constitution, and in order to perform these functions, it must possess movable and real estate funds and use them either by its...

DOI: 10.33899/alaw.2020.166830

Pages: 54-76
The role of the state in providing adequate social housing for citizens in implementation of the human right to housing in both Egypt and Iraq

Doaa Abdul Majid, ezzat abdelaziz,

The right to housing is one of the most important rights that everyone should enjoy in his homeland, as it is one of the most important components of an adequate standard of living, and it...

DOI: 10.33899/alaw.2020.166857

Pages: 393-406
Regulatory Frameworks for possessioning informal housing: Iraqi law as model

Sahar Hyal Ghanim, Maha Al-haj Yuonis,

Many legislations dealt with the problem of encroachment on state property to construct haphazard houses, which contribute to the spread of inappropriate housing sites. The treatment of the problem...

DOI: 10.33899/alaw.2020.166862

Pages: 88-135
Slums and the right to Adequate housing (constitutional study)

Dowlat Mezory, Baydaa Alabasi,

Adequate housing is one of the tasks that the state has to provide to its citizens in order for a person to live in his own home without harassment or inconvenience from anyone, and whose...

DOI: 10.33899/alaw.2020.166847

Pages: 357-392
Country experience in improving squatter areas

MUSTAFA AL NASRY, رضوان الشریفی,

Squatter settlements have become a real challenge to both governments and its residents as it is associated with serious environmental, social, and economic problems looking at the chaotic,...

DOI: 10.33899/alaw.2020.166861

Pages: 67-87
The right to adequate housing in international Human Rights Law

Hala Aldory, Farooq Hasan Khalaf,

The right to adequate housing is recognized in international human rights law as part of the right to an adequate standard of living.Indeed, this right has changed, as it is no longer limited to...

DOI: 10.33899/alaw.2020.166870

Pages: 359-385
To what extent haphazard housing can be considered as legitimate matrimonial home

NADEA ALHATTEM, taha saleh,

The residence that a husband prepared on the territory of the state without its permission, to house his wife, raises question about the legitimacy of such matrimonial housing in the jurisprudence....

DOI: 10.33899/alaw.2020.166831

Pages: 77-109
The role f real estate investment in tackling the problem of haphazard housing

Aysar Esam Dawood, Fawzia Mowafaq Thanoon,

Real estate investment plays a big role in economic life, as investment in the housing sector leads to the mitigation of the housing crisis that states in general and developing in particular...

DOI: 10.33899/alaw.2020.166839

Pages: 204-227