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The Impact of Tribal Mediation on The Judicial System, Specifically in the Context of the Kurdistan Region of Iraq.

Authors :
Mohammed, Nishtiman Othman
Fatah, Adnan Ahmed
Source :
Library of Progress-Library Science, Information Technology & Computer; Jul-Dec2024, Vol. 44 Issue 3, p16979-16991, 13p
Publication Year :
2024

Abstract

The paper aims at analyzing the complexities that exist among the tribes in relation to the mediation process within the judiciary system of the Kurdistan Region of Iraq, while stressing on the importance of using the traditional approach on handling disputes. It starts by providing background information on the position of tribes in Kurdish society and the significance of tribes as well as the political connotations. Thus, the research confirms that tribal mediation practices act as parallel systems with the formal judicial authority, especially in districts where state power is regarded as inefficient or uncreditable. In a quantitative survey of the public, the study evaluates the community's attitude towards the effectiveness and cultural suitability of methods used in tribal mediation as opposed to the legal system. This research reveals that there is a lack of confidence in the formal judicial system and that many would prefer tribal courts, this is because they come to a decision faster and conform more to the community norms. The paper concludes by analyzing the problems of both systems such as gender dynamics and human rights while calling for the more reasonable vision of legal pluralism in Kurdistan. This paper therefore calls for harmonization of the customary practices with legal systems to improve the efficiency and effectiveness of the delivery of justice and promote the unity of the society in the region. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
09701052
Volume :
44
Issue :
3
Database :
Complementary Index
Journal :
Library of Progress-Library Science, Information Technology & Computer
Publication Type :
Academic Journal
Accession number :
180918746