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. These customs may be deeply rooted in culture or tradition and may be difficult to change. Among these customs is the custom of "Nahwa" in Iraqi society. This research aims to shed light on this custom, which implies a relative's right to prevent a marriage contract or force a woman to marry a relative. This contradicts the provisions of Islamic jurisprudence. Islamic schools of thought agree that a marriage contract is a consensual contract in which the offer is coupled with acceptance, and that there is no room for coercion in marriage contracts. To achieve this goal, the descriptive, analytical, comparative approach was adopted. The research concluded that Iraqi Personal Status Law agrees with the provisions of Islamic jurisprudence regarding a woman's right to consent to her husband, which contradicts tribal custom. The research recommends the implementation of accountability for practicing the custom of "Nahwa" in Iraqi society and the adherence to the provisions of Islamic jurisprudence.