Internal criminal protection mechanisms for children of unknown parentage
DOI:
https://doi.org/10.35246/shcevj41Keywords:
unknown parentage, foundling, supplicant, illegitimate sonAbstract
Although the national law was found in order to provide protection for all members of society against crime، there are some groups of society that need more protection، due to the situation in which they are from these groups. They are of unknown parentage، and in order to provide appropriate criminal protection for their situation، it must first Determine who are the owners of this category and then examine the extent of the adequacy of criminal protection provided by penal laws for this category of society from the danger of crimes affecting their lives and their physical and mental integrity..
Downloads
References
First: The Holy Quran
Second: Dictionaries and legal books:
i. Ibn Abidin, Hashiyat Al-Mukhtar’s Response to Al-Durr Al-Mukhtar - Explanation of Tanweer Al-Absar - Part 4 - Edition 2966, The Book of the Foundling
ii. Al-Jubouri, Abu Yaqdan Atiya, 1995, The Ruling on Inheritance in Islamic Sharia, Dar Al-Haneen, Amman, 1st edition.
iii. Abu Khatwa, Ahmed Shawqi Omar, 1986, Criminal Law and Modern Medicine, Modern Arab Press, Cairo.
iv. Al-Haidari, Jamal Ibrahim, 2015, Explanation of the Provisions of the Special Section of the Penal Code, Beirut.
v. Zaidan, Abdul Karim - 1968 - The provisions of the foundling in Islamic law - 1st edition - Salman Al-Azami Press - Baghdad.
vi. Hosni, Mahmoud Naguib, year (29) 1959, the right to bodily integrity and the extent of protection guaranteed to it by the Penal Code, Journal of Law and Economics, No. 3.
vii. Hosni, Mahmoud Naguib, Explanation of the Penal Code, Special Section, Crimes of Assault on Persons, Dar Al-Nahda Al-Arabiya.
viii. The Encyclopedia of Jurisprudence from the Ministry of Endowments and Islamic Affairs, Kuwait, That Al-Salasil, Kuwait, 2nd edition, 1983, vol. 3.
ix. Al-Zuhaili, Wahba, 1985, Islamic jurisprudence and its evidence, Dar Al-Fikr, Damascus, 2nd edition, vol. 8.
Third: Websites:
i. Al-Mousawi, Salem Rawdan, Regulatory Provisions for Persons of Unknown Parentage in Iraqi Law, article published on the Al-Hiwar Al-Mutamaddin website, issue No. 5260, dated 8/20/2016, number of views 2,313,187, last visit 2/19/2022
ii. Imran, Nasser, The legal regulation of the status of foundlings and people of unknown parentage in Iraqi law, an article published on the website (https://hic.iq/.com).
iii. See this definition published on the website https://www.almrsal.com/post/981387, last visit 2/20/2022.
Fourth: Theses, dissertations, and published research:
i. Hussein, Burke Fares, Personal Rights and Civil Protection, Master’s Thesis, College of Law, University of Mosul.
ii. Marza, Hamza Al-Makhzoumi Walid, and Obaid Riam Karim. 2019. “Legal Regulation of Public Medical Facilities Specialized in the Treatment of Drug Addiction.” Journal of Legal Sciences 34(5):275-313. https://doi.org/10.35246/jols.v34i5.313.
iii. Ghalib, Hawamdeh. 2018. “The child’s right to bodily integrity in international law, a comparative study in Islamic law.” Journal of Legal Sciences 33 (1):174_197. https://doi.org/10.35246/jols.v33i1.14.
iv. Hussein, Alaa Nasser, and Salim, Hashem Ammar. 2019. “Legal regulation of the crime of transferring human organs from the dead to the living.” Journal of Legal Sciences 34(3):473-512. https://doi.org/10.35246/jols.v34is.188.
v. Youssef, Salman Odeh. 2018, “The crime of sexual exploitation of children in light of constitutional principles and international standards for children’s rights.” Journal of Legal Sciences 33, no. 1 (December 15, 353–403. https://jols.uobaghdad.edu.iq/index.php/jols/article/view/21
Fifth: Iraqi laws:
i. Personal Status Law No. 180 of 1959
ii. Penal Code No. 111 of 1969
iii. Code of Criminal Procedure No. 23 of 1971
iv. Social Welfare Law No. 126 of 1980
v. Juvenile Welfare Law No. 76 of 1983
vi. Anti-Prostitution Law No. 8 of 1988
vii. Law of Discipline of State and Public Sector Employees No. 14 of 1991
viii. Traffic Law No. 86 of 2004 ix. Nationality Law No. 26 of 2006 x. Anti-Human Trafficking Law No. 28 of 2012
xi. Caring for People with Disabilities and Special Needs Law No. 38 of 2013
xii. Labor Law No. 37 of 2015
xiii. Personal Card Law No. 3 of 2016
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Copyright and Licensing:
For all articles published in Journal of Legal Sciences, copyright is retained by the authors. Articles are licensed under an open access Creative Commons CC BY 4.0 license, meaning that anyone may download and read the paper for free. In addition, the article may be reused and quoted provided that the original published version is cited. These conditions allow for maximum use and exposure of the work.
Reproducing Published Material from other Publishers: It is absolutely essential that authors obtain permission to reproduce any published material (figures, schemes, tables or any extract of a text) which does not fall into the public domain, or for which they do not hold the copyright. Permission should be requested by the authors from the copyrightholder (usually the Publisher, please refer to the imprint of the individual publications to identify the copyrightholder).
Permission is required for: Your own works published by other Publishers and for which you did not retain copyright.
Substantial extracts from anyones' works or a series of works.
Use of Tables, Graphs, Charts, Schemes and Artworks if they are unaltered or slightly modified.
Photographs for which you do not hold copyright.
Permission is not required for: Reconstruction of your own table with data already published elsewhere. Please notice that in this case you must cite the source of the data in the form of either "Data from..." or "Adapted from...".
Reasonably short quotes are considered fair use and therefore do not require permission.
Graphs, Charts, Schemes and Artworks that are completely redrawn by the authors and significantly changed beyond recognition do not require permission.
Obtaining Permission
In order to avoid unnecessary delays in the publication process, you should start obtaining permissions as early as possible. If in any doubt about the copyright, apply for permission. Journal of Legal Sciences cannot publish material from other publications without permission.
The copyright holder may give you instructions on the form of acknowledgement to be followed; otherwise follow the style: "Reproduced with permission from [author], [book/journal title]; published by [publisher], [year].' at the end of the caption of the Table, Figure or Scheme.