سلطة القانون والعرف العشائري في مدينة بغداد: دراسة انثروبولوجية

الملخص EN

Iraqi society has witnessed major transformations in the political scene since the establishment of the Iraqi state in 19 until the present time, as we embrace that there is a clear overlap between the application of the law and tribal custom, especially if we know that most members of Iraqi society have clan roots.

Therefore, the application of the law in most state institutions is subjected to Interference from many people, and the application of the law remains absolutely one of the great difficulties and obstacles that the state faces due to the strength of tribal custom and the depth and influence it represents in the hearts of most members of Iraqi society.

The rule of law has emerged as the strength of the clan) and vice versa, and this is what we are experiencing today, especially after ...

This reality has given the clan custom the legitimacy to impose itself on different joints of society, sometimes with government cover, especially if we know that most of the Iraqi society is rural and works On the adoption of tribal traditions and their reliance on most of the differences and social conflicts, this reality and the great effects that it has caused the society to live in difficult conditions, as conflicts and Clan disputes are the biggest challenge to the state in light of the growing phenomenon of clan power and the imposition of their control over some areas, especially during the days of the presence of terrorist groups, as well as political differences between different parties and resorting to the clan to obtain the necessary support in many cases, which prompted the researcher to study the subject in a scientific way from Its various aspects using anthropological means in order to reach accurate scientific results, and the study seeks to achieve a set of goals, the most important of which are : 1- The study seeks to reveal the relationship between the authority of law and tribal custom.

2- Identifying the most important positive and negative aspects of tribal custom and its compatibility with the rule of law.

3- Exposing the strength of the rule of law in Iraqi society, especially after 2003, and the extent of its impact on the different life of society.