The legal nature of the tribal record

Obaid, Hussein Karim; Jaber, Ali Jawad; Lafta, Abdullah Sajet

doi:10.63677/jqlap.2024.183562

	The legal nature of the tribal record
AL-Qadisiya Journal For Law and Political Sciences
Volume 15, Issue: 2 part 1, September 2024, Pages 665-678 PDF (382.16 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2024.183562
Authors
Hussein Karim Obaid^* ¹; Ali Jawad Jaber²; Abdullah Sajet lafta²
¹Al-Qadisiyah University
²College of Law - Al-Muthanna University
Abstract
Iraq is considered one of the Arab tribal societies that are characterized by the nature of the clan, the tribe, and other components, and there are customs and traditions to which the individual in the tribe or clan is associated. Among these customs are the tribal separation that one person pushes to another person as a result of a dispute or something similar, or the jilwa or other Other matters, and these matters are usually difficult to overcome, no matter how developed the idea of the state and the judiciary is. Therefore, we must volunteer these ideas and these customs to serve justice and the judiciary in achieving the right. Examples of these are the tribal separation records that occur between one tribe and another as a result of a conflict that occurred because of a crime that occurred or because of a harmful act. It was caused by one person to another in accordance with the provisions of civil liability or in accordance with the provisions of criminal liability that resulted in a claim for civil rights. In the subject of our research, we explained the nature of the clan and tribe and its records, and explained the legal nature or legal adaptation of this lecture, which showed that it is very similar to what is called the non-judicial declaration, which is the decision that takes place. Outside the court or the ordinary document,
Keywords
Nature; legal; record; tribal

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