المستخلص: |
The ancient Iraqi people knew several ways aimed as a whole to achieve justice and make the accused innocent or guilty, perhaps the river test (Divine arbitration) comes at the top of proved ways which were known and followed in Mesopotamia. It was mentioned in the legal texts such as the law of Ur Nammu , the law of Hammurabi which is considered one of the Complete laws, and the intermediate Assyrian when the guilty was sent to the god of river in certain cases of accusations which were not proved to be guilty or not, particularly some crimes when the evidence is difficult to be obtained like adultery magic the fake accusation and other crimes and accusations. This indicates that the river test (Divine arbitration) is considered one of the legal procedures which was done at that time, and the people of this area were unique such procedures without the other people during certain historical and repeated times. The land of Mesopotamia was one of the areas when that without any doubt on the existence of specific structure and limited authorities and institutions that take the role of the judiciary and justice. One of the reasons that encouraged us to study this topic which represents an aspect of the civilization of Mesopotamia is the limited of what have been written about it, particularly in the Arabic language. what has been written about this topic was general since it did not separate the nature of the test (Arbitration), and the circumstances that surrounded its procedures and how these procedures to be done and what things come after. In order to complete the purposes of the research, the following points have been development: Paving the rise of law and its development in the land of Mesopotamia, showing the meaning of the river test (Divine Arbitration) and knowing the sanctification of water and gods in Mesopotamia. Then, showing the places where the river test can be done and how and finally knowing the crimes when the guilty is sent according to the test (Arbitration). The research sums up the conclusions of the study and a list of the sources ,and finally I call God that I have been able to study the topic and God is the owner of success.
|