Assistant lecturer. Zahraa Raed Amouri Mohammed Al-Amiri
DOI:
https://doi.org/10.64184/ajlps.V3.I2.Y2026.591-609.301Keywords:
medicines, interest, illicit trade, commercial monopoly of medicinesAbstract
The circulation of unauthorized medications poses a threat to public health and safety. This is because these medications are produced or sold without medical examination or supervision to ensure their safety, thus posing health risks to individuals. The harm caused by these medications varies; it may be minor in some cases, such as the inability to achieve the desired effect from the drug, while in others it can lead to serious harm, such as poisoning, and in many cases, even death. In short, the spread of these medications undermines confidence in public health institutions, thereby disrupting the healthcare system. Dealing in this type of medication is a violation of drug regulations and therefore warrants legal accountability.
References
Sources and references
Koran
First - Books
1. Taysir Muhammad Barmo, The Theory of Utility in Islamic Jurisprudence, Second Edition, Dar Al-Nawader, Kuwait, 2011.
2. Jalal Tharwat, Theory of the Special Section: Crimes of Assault Against Persons, Miskawi Library, Beirut, 197.
3. Jamil Saliba, The Philosophical Dictionary, Dhi al-Qurba Publications, Iran, 2000.
4. Jawad Kadhim Hussein, The Considered Interest for Exception in Procedural Text,
5. Maryam Zan, Health Security as a Component of Community Security, Algerian Journal of Security and Development, Volume 12, Issue 02, 2023.
Secondly, letters and thesis
1. Alaa Lafteh Saleh, Criminal Liability for Illicit Drug Trafficking (A Study)
2. Abdul Aziz bin Salman bin Fahd Al-Issa, Preserving Health: A Fundamental Jurisprudential Study, Master’s Thesis, submitted to the College of Sharia, Department of Jurisprudence, 2008.
3. Qasim Ismail Ali, Civil Liability Arising from the Sale of Medical Drugs - A Comparative Study, Master's Thesis submitted to the College of Law, Al-Mustansiriya University, 2007.
4. Mohamed Issa, Nasr Fahri, Hanane Dahouti, Sarah El Wardi, Chaimaa Benrahhou, The Role of Competition Law in Protecting Competition and Preventing Monopoly in the Context of Unstructured Monopoly, Master's Thesis, Faculty of Legal, Economic and Social Sciences, Tangier - Morocco, 2019.
Thirdly – Research
1. Tara Firas Al-Tamimi, The Legal Framework for Importing and Trading Medicines in Iraq in Light of the High Rates of Drug Smuggling Crime, Research published on https://www.lawsfield.com/2025/05/blog-
2. Tahani Falah Khammas, Electronic Management of Information Institutions and its Role on Iraqi Economic Security, Department of Information and Libraries - Al-Mustansiriya University, Volume 6, Issue.
3. Hussein Ibrahim Saleh Obeid, The Concept of Interest in Penal Law, a research paper published in the National Criminal Journal, Volume Seventeen, Issue Two, Cairo, 1972.
4. Dr. Ali Mohsen Al-Amiri - Dr. Raja Abdul Rahman, Health Awareness among Youth, Al-Mustansiriya University / College of Education, research published on the website: https://uomustansiriyah.edu.iq/media/lectures/12/12_20_06_28!12_06_06_PM.pptx, 2/8/2025, 6:40 PM.
5. Dr. Muhammad Ismail Ibrahim Al-Maamouri - Assistant Professor Ahmed Hadi Abdul Wahid, The crime of giving a prescription for narcotic or psychotropic substances for purposes other than medical treatment in Iraqi law, a research paper published in Al-Muhaqqiq Al-Hilli Journal of Legal and Political Sciences, College of Law - University of Babylon, Issue 3/Year 13, 2021.
Fourth – Laws and Regulations
1. Narcotics and Psychotropic Substances Law No. (50) of 1950.
2. Pharmacy Practice Law No. (40) of 1970.
3. Competition and Anti-Monopoly Law No. 14 of 2010.
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