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Criminal Liability for Tribal Customs (A Legal Analytical Study in Light of Iraqi Legislation | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 3, Volume 16, Issue: 2 part 2, December 2025, Pages 43-96 PDF (1.61 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.165536.1444 | ||
| Author | ||
| Ammar Ghali Abd Al-Kadhim Al-Issawi* | ||
| University of Babylon / College of Law | ||
| Abstract | ||
| Tribal customs in Iraq, notably dakka ashairiyya, have shifted from social reconciliation to criminal practices threatening the rule of law. This study analyzes their legal status and the contradictions between protective laws and the General Amnesty Law, which weaken deterrence and judicial consistency. Tribal customs, as a behavioral system with a broad social reach, raise a number of complex legal issues in the Iraqi legal system, particularly when they intersect with criminal law or are used as a means of resolving disputes outside of justice institutions. This complexity is reflected in Iraqi legislative policy, which has yet to adopt a unified vision regarding this phenomenon. Rather, several legal texts reveal a clear discrepancy in the treatment of tribal customs, with some strictly criminalizing them while others accepting them as a legitimate means of reconciliation. This has led to a state of legislative duality that weakens the unity of the legal foundation and confuses judicial work. | ||
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