Criminal Liability for Tribal Customs (A Legal Analytical Study in Light of Iraqi Legislation

Al-Issawi, Ammar Ghali Abd Al-Kadhim

doi:10.63677/jqlap.2025.165536.1444

Criminal Liability for Tribal Customs (A Legal Analytical Study in Light of Iraqi Legislation

https://doi.org/10.63677/jqlap.2025.165536.1444

Volume 16, Issue: 2 part 2
Autumn 2025

Pages 43-96

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

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.