The decisions of the special committees of the Martyrs and Political Prisoners Institutions in Iraq are subject to administrative and judicial oversight and to the data of Islamic Sharia
- Author:
- Muntadhar Abdul Karim Hussein Al Husseini
- Level:
- Master
- Field of study:
- law
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2021
- Publisher:
- URD Press
- Supervisor(s):
- Mustafa Zaki
The subject of the subordination of the decisions of the special committees to administrative and judicial oversight, as well as to the data of Islamic Sharia, especially within the framework of the institutions of martyrs and political prisoners in Iraq, is one of the topics that urgently need to be studied and shed light on, as the subject is tainted by reservations in the legal reality, but there are problems and obstacles related to decisions The special committees in the two institutions, as well as the presentation of the legal adaptation to them and what the two institutions and groups should care about for their work, especially since the two institutions are newly established to work, and that their functional cadres did not have experience in this field, so many decisions were issued by their committees, including what was proven to be illegal after gaining the degree Peremptory, and this is what necessitates taking into account the legality and preserving the moral and legal value of the two institutions, and that the solution to these problems is through seeking to reach decisions that do not violate the law and Sharia, as well as finding solutions to the decisions that were issued that were marred by legal and administrative defects. Compensating these groups for deprivation and reparation for the harm they suffered as a result of the dictatorial regime’s practices against them and their families, by achieving justice now It is the core of legal legislation, as the issuance of decisions by people who have been convicted of criminal cases for non-political reasons and who have mistakenly or deliberately counted as martyrs or political prisoners, and they have benefited from material and moral effects that are not from their right, and that this issue was not addressed or addressed. In previous studies, therefore, the research sought to present an introduction to the important definitions and the reasons for the establishment of the institutions of martyrs and political prisoners and the constitutional and legal support for them, as well as the extent to which the decisions of their special committees are subject to oversight in what is consistent with the data of Sharia, and how to reconsider decisions that violate the provisions of the law. Addressing the subject of our research, we relied on the descriptive analytical approach by examining the decisions of the special committees of the two institutions and the extent to which they are subject to administrative and judicial oversight and to the data of Islamic law. Confusion in practical application.