Balancing Tradition and Justice: Addressing Tribal Customs and Human Rights in Iraq's Legal Framework

Al-Nahwa" is a traditional tribal custom prevalent in some rural and tribal areas of Iraq. It is part of a broader set of tribal norms that have historically governed social and familial relationships within tribes. The custom specifically dictates that a woman cannot marry outside her tribe or clan unless certain male relatives, often an uncle or cousin, give their consent. This practice is rooted in the desire to maintain tribal cohesion and control over familial alliances.

Despite Iraq's modernization and legal reforms, "Al-Nahwa" persists in certain regions due to deeply ingrained cultural values and the influence of tribal authority. The practice often leads to significant social issues, including forced marriages and familial conflicts, as seen in the tragic case described in Wasit Governorate. Efforts to combat such customs include legal reforms and advocacy by women's rights organizations, aiming to protect women's rights and promote gender equality in Iraq. However, the tension between traditional customs and modern legal frameworks continues to pose challenges in fully eradicating these practices.\

"Nahwa" and "tribal bench", then a murder ... and execution!

"Al -Nahwa" is one of the negative and popular tribal norms in society for many decades, and although it has begun to recede now, it has not ended permanently because some continued to adhere to this worn custom, despite the progress made in all areas of life.

And "Al -Nahwa" is an old custom that prevents the girl from marrying a strange man from the clan, and according to this custom, the uncle or cousin of the girl prevents her from marrying another person even if she remains without marriage for life.

As a result of this custom, there was a murder that killed the uncle (the end of his brother's daughter) by the brother of the girl (Al -Muhawi) in a neighborhood of Wasit Governorate due to the escalation of differences and their continuation due to the presence of this nimes by the uncle, especially after he presented the girl's sermon more than A person, but he is refusing because of this aroma.

On April 23, relatives of the accused, who are his cousins who live in another governorate, attended the attendance of the victim (uncle) to the accused's house, and a verbal argument took place on the issue of preventing the girl from marrying and did not reach a result and after that everyone dispersed and each of them went to his house, including the victim who Its house is only five hundred meters from the accused.

On the evening of the same day, an idea was born to the accused to shoot at his uncle's house, according to what is known as the (tribal bench) and after the accused was determined to do so and at exactly nine o'clock in the evening, the accused carried a Kalashnikov gun containing full hardware and independent of the wheel of the Elantra and went to His uncle, the victim, and when the accused arrived at his uncle's house, while walking with his wheel at a low speed, he saw his uncle leaving his house with a woman wearing (the mantle of the head) who did not recognize her personality and identity, and the accused continued to walk slowly and then was forced to return to his house without implementing anything.

After a moment, the accused decided to return again for the purpose of monitoring and pursuing his uncle, and while observing him, he watched a lonely man on the highway, heading to his workplace, as he is working as a private guard in one of the operating companies, so he poured his wheel on the main street, opened the wheel door, sent his right leg, and withdrawn The sections of the gun and put it on a single position and when his uncle approached, he shot him with one start to hit him.

The accused escaped from the accident, and he fell in the hospital, leaving life in the aftermath of his injury.

The defendant acknowledged before the court about what was issued with full freedom and will without any pressure or coercion, expressing his remarkable remorse for killing his uncle.

The Criminal Court reviewed the accused's recognition, the statements of the informant and the plaintiffs of the personal right, the statements of the witness, and the record of revealing the significance, which came in line with the accused's recognition and forensic medical reports and found through the judicial investigations that it also conducted through the facts and methods of the case and its evidence and the court's conviction of evidence in this case that it is sufficient and convincing evidence to condemn The accused and the ruling on it in accordance with the provisions of Article (406/1/A) of the Penal Code and the Cabinet No. (3) for the year 2004 in force and the substance of subscription articles 47, 48 and 49 of the Penal Code and the sufficiency of the evidence mentioned for condemnation and the ruling on it The court decided to be convicted of it and sentenced to death by hanging until Death is a verbal judgment that is discriminatory and subject to automatic discrimination based on the provisions of Article 182/A Fundamentalist.

Rule of Law Perspective

1. Legal Framework: The actions described in the article fall under criminal law, specifically murder, as indicated by the application of Article (406/1/A) of the Iraqi Penal Code. The legal process followed appears to be in line with the judicial standards set by Iraqi law, which includes investigation, trial, and sentencing.

2. Judicial Process: The court's decision to sentence the accused to death reflects the severity of the crime under Iraqi law. However, the application of the death penalty raises questions about the proportionality of punishment and its alignment with international human rights standards.

3. Tribal Customs vs. State Law: The persistence of "Al-Nahwa" highlights a conflict between traditional customs and state law. While the legal system condemns murder, the underlying tribal customs that led to the conflict remain unaddressed by formal legal mechanisms.

Human Rights Perspective

1. Women's Rights: "Al-Nahwa" is a violation of women's rights, particularly their right to freely choose a spouse. This custom infringes on personal autonomy and gender equality, which are protected under international human rights instruments.

2. Right to Life: The use of the death penalty in this case raises concerns about the right to life, as outlined in the Universal Declaration of Human Rights and other international covenants. Many human rights organizations advocate for the abolition of the death penalty, citing its irreversible nature and potential for miscarriages of justice.

3. Cultural Rights and Reforms: While cultural practices are important, they should not infringe upon fundamental human rights. Balancing respect for cultural traditions with the need to protect individual rights is crucial.

Suggestions and Solutions

1. Legal Reforms: Strengthen laws that protect women's rights and ensure they are effectively enforced. This could include specific legislation that prohibits customs like "Al-Nahwa" and provides legal recourse for those affected.

2. Awareness and Education: Implement community education programs to raise awareness about the negative impacts of harmful customs and the importance of gender equality. Engaging tribal leaders in dialogue can help bridge the gap between tradition and modern legal standards.

3. Judicial Training: Provide training for judges and legal practitioners on human rights standards and the importance of considering cultural contexts in legal proceedings. This can help ensure that justice is administered fairly and in line with international norms.

4. Alternative Dispute Resolution: Encourage the use of mediation and other forms of alternative dispute resolution to address conflicts arising from tribal customs. This can help resolve disputes without resorting to violence or extreme legal penalties.

5. Support Services: Establish support services for women affected by tribal customs, including legal aid, counseling, and safe shelters. These services can empower women to make informed decisions about their lives.

By addressing both the legal and cultural aspects of the issue, Iraq can work towards a more just and equitable society that respects the rights of all individuals.