The Role of the Tribal judicial System in Reducing Crime

Saeed, Abdulrazzaq Abdullah

doi:10.32894/1992-1179.2026.169906.1368

	The Role of the Tribal judicial System in Reducing Crime
Kirkuk University Journal: Humanity Studies
Volume 21, Issue 2, June 2026, Pages 645-676 PDF (882.88 K)
Document Type: Research Paper
DOI: 10.32894/1992-1179.2026.169906.1368
Author
Abdulrazzaq Abdullah Saeed^*
College of Media – University of Kirkuk
Abstract
The tribal judicial system is considered one of the most important and oldest methods of dispute resolution across different historical periods. It has spread throughout various societies due to the simplicity of its procedures and its lack of complexity when compared to the formal judicial system. Moreover, the decisions it enforces are compatible with the specific characteristics and social nature of each community, thereby achieving immediate justice and socially agreed deterrence. This study aims to identify the nature of the tribal judicial system in Iraq, as well as the most significant rules and customs governing it and the methods of their application. The researcher adopted a descriptive approach, relying on a case study of a sample consisting of ten (10) tribal settlements that he personally attended. The study reached several findings, including the following: 1- The tribal judicial system is based on rules and customs recognized by all members of society, and the decisions it issues are binding in nature. 2-The tribal judicial system in Iraq has multiple sources, including divine laws, customs and traditions, tribal judicial precedents, juristic reasoning, and experience. 3-This system examines all committed crimes and imposes different penalties according to the type of crime
Keywords
Tribal Justice; Judicial Authority; Tribal Structure

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