العقوبة بين القانون الوضعي و القانون العرفي

Abstract EN

As a result of development in the areas of social life and advanced stages have reached the Iraqi society, led to a conflict between statutory law and customary law in Iraq, where the rule of positive law on the people and their understanding of the people to this law, which is in their lives a big problem facing officials and even great thinkers of the sons of Iraq who have devoted their efforts to the advancement of this country to an advanced level commensurate with the cultural history of this country, in spite of the tribal law of role in controlling the behavior of individuals and cohesion do.

It was in an internal scruples to offer this problem and study, which is still prevalent in our society, despite the conclusion reached by the development in all spheres of social, political and industrial life, and the positive law of a key role in the organization of social life and to achieve justice, equality and adjust the behavior, and the imposition of each type of crimes committed by members of the community, whether in the city or village types of sanctions that fits, according to the seriousness of the criminal act and the nature of the crime.

The study came as the two door, singled out the first of them with the theoretical side singled out the second side of the field.

And contained the first door on four topics: eat first topic elements Search Home of the study which is to identify the problem and the importance of the study and the most important goals and take the second research study concepts, while the third on the penalty customary legal penalty The fourth section has included appearances shift in the direction of punishment customary.

The second section field of study has included Section V methodology used in the field side as well as the limits of the areas of research and the type of sample and means statistical used, display and analysis of public data and data of respondents and discuss the most important results of the study and its recommendations, and then followed by the sources and the extension form of a questionnaire, and God conciliation.