The Custom of Nahawa in Iraqi Society: A Comparative Study Between Iraqi law and Islamic Jurisprudence

Abstract

There may be some customs or beliefs prevalent in a society that may cause harm to individuals or society as a whole, and these customs may be rooted in culture or traditions and may be difficult to change, and among these customs is the habit of niha in Iraqi society, and this research aims to shed light on this custom, which means the right of the relative to prevent the marriage contract or to force a woman to marry her relative, which is contrary to what the rulings of jurisprudence have said. In order to achieve the goal, the descriptive-analytical comparative approach was believed, and the research reached the agreement of the Iraqi Personal Status Law with the provisions of Islamic jurisprudence on the right of a woman to consent to be her husband, which is contrary to the tribal custom, and the research recommends that the responsibility for practicing the custom of nahwa in Iraqi society should be applied and follow the provisions of the Islamic jurisprudence.