The Impact of clan payment Sum on Compensation | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 17, Volume 12, Issue: 1 part 2, June 2022, Pages 40-69 PDF (1.02 M) | ||
| DOI: 10.37651/aujlps.2023.177054 | ||
| Authors | ||
| Ahmed Abdualkhuder Jasim; Ahmed Faez Abed | ||
| Abstract | ||
| The outcome of the prevailing customs among the clans was a means of social security to protect the rights of individuals, in addition to its role in deterring aggressors, which are directed to the individual or received from childhood for the purpose of controlling behavior in society and addressing the problems that arise in it, and as a result of the norms followed by Iraqi clans and adherence to them. In a direct way, it has prevailed to confront social problems due to the difficult circumstances despite their differences according to the different clans in society, and this is a logical result of changes in circumstances, environment and reality, most of which were inherited from one generation to another and derived from social values followed. aspects related to the fulfillment of rights. However, it remained unchecked, as it does not have a specific legal scope and is independent of compensation in the law or blood money as an Islamic system, and this resulted in legal problems in what is presented in the tribal councils as an initial step, and then the doors of the judiciary were touched at a later stage to transfer to it the conflict that had already been resolved It is customary in a clan council. The problem that has been socially addressed according to the prevailing clan custom results in a real legal problem, or it may branch from it, which is the combination of the clan payment Sum and compensation or not, the fate of paying the clan payment Sum when the compensation ruling, and the possibility of Subtract the clan payment Sum from the compensation issued by virtue of a court ruling. | ||
| Keywords | ||
| The clan payment Sum; Compensation; blood money; clan custom; legal effect | ||
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