Irak'ta aşiret barışı Irak yasalarıyla karşılaştırmalı fıkhî ve analitik bir çalışma

Abstract Tribal reconciliation is one of the prevailing phenomena in Middle Eastern societies in general, and Arab societies in particular. Therefore, it is practiced among Iraqi tribal circles, often prioritized over governmental law due to the reverence and respect they hold for tribal laws. Tribal laws offer a swift resolution to conflicts, with room for flexibility and solutions based on mutual agreement and tolerance. This is unlike cases brought to government courts, which can become prolonged and may result in imprisonment and detention, further exacerbating tensions and breeding resentment. Especially since in some cases, if they reach the judiciary, the law must take its course, even if the other party relents. However, resorting to tribal reconciliation is closer to restoring order, especially if the matter concerns public security or issues that government law does not tolerate. Thus, resorting to tribal reconciliation is often seen as a quicker way to restore harmony. This study aims to present the subject of tribal reconciliation for examination, critique, and revision. It defines tribal reconciliation, outlines its conditions, pillars, significance, effects, invalidators, and what is suitable or unsuitable within it. Additionally, it discusses the stages of its completion, who has the right to reconcile, and the qualities of those who undertake the reconciliation process. The study compares the customs of tribal reconciliation with civil law and Islamic law. The researcher analyzes the findings through this comparison of these three aspects, addressing each issue in contention among these parties. The researcher also provides examples of certain tribal reconciliations that have established guidelines for dealing with such matters. The focus is on specific crimes such as murder, adultery, theft, and injuries, presenting them from a tribal perspective, followed by Islamic and legal judgments. One of the conclusions reached by the researcher is the importance of tribal reconciliation, its development, and the correction of its flaws. It is a crucial pillar in Iraqi society, to which tribes refer in their disputes. The researcher recommends intensifying studies on the topic of tribal reconciliation, exploring its foundations and rules, expanding the study of its various issues, and examining the connections between tribal, Islamic, and legal reconciliation.