التحكم الديني و أثره في التعايش المجتمعي : دراسة تحليلية

Abstract EN

This research highlights a vital subject for the people in a multicultural society; you may find the followers of religions in a state of duplication between the legal rules on the one hand and religious norms on the other.

Which in consequence leads to the emergence of legal-religious problems that affect the social situation of individuals as well, you may find someone resolved his conflict in the secular courts of the State, but he faces the religious aspect of the incidence of sin (haraam or gunah) within his religious community because of the lack of religious conditions for that situation.

Therefore, the research aims at: finding compromises that lead to the elimination of this duplication through the adoption of mechanisms of religious arbitration in resolving legal disputes, and the statement of the position of Iraqi law and comparative laws of religious arbitration based on the rules of private law.

As well as clarifying the positive effects of applying the idea of religious arbitration upon the communal coexistence.