الاعراف العشائرية في ظل الدستور و القوانين العراقية

The aim of the research is to identify the tribal customs under the Iraqi constitution and laws. The research included three main topics. The first topic dealt with tribal customs in the 2005 Iraqi constitution, and this topic included three sections, namely: The first section: the jurisdiction of the judiciary is held, where the courts take over the decision, and the second section: the British governor and his assistants assume the authority to decide on them, and the third section: they are considered by Before the tribal council, this means that the council is concerned with a few clan cases. As for the second topic, it revealed the impact of clan customs on the Iraqi penal code and criminal justice, and this topic was divided into two demands, namely: The first requirement: the position of the Iraqi penal code on clan customs, and the second requirement: the impact of clan custom on the Iraqi criminal justice. He moved in the third topic to identifying forced marriage between Sharia, law and customs, and this topic was divided into three demands, namely: the first requirement: coercion of the husband in Islamic law, and the second requirement: forced marriage in the Iraqi Personal Status Law, and the third requirement: Forced marriage in clan customs. The research reached several results, most notably: that the society in Iraq is a clan society in which the clan plays an important role, and in all political, economic and social fields. Also, the legal regulation of clan customs began with the British occupation of Iraq, and here it is noted the desire of the occupier to strengthen the role of clan customs at the expense of the judiciary, which represents the state and the law. The research presented a set of recommendations, the entirety of which came in: The necessity of emphasizing the social role of clans only and giving them a simple role in reaching a solution to conflicts between individuals, especially in areas that are far from cities and where access to judicial institutions is very difficult. an‎d work to exclude any legal text that allows clan customs to intervene to resolve legal disputes between individuals. This abstract was written by Dar Al-Nazma 2018