and how the Iraqi legislator criminalized the Penal Code No. 111 of 1969 amending some of the provisions of the Penal Code. Acts that do not fit with the society such as crimes against honor and consideration and those harmful to morality and public morality legislator criminalizes acts that affect the values of society and customs and philosophy on which the basis of either the impact of custom on the policy of punishment was clear in the mitigation of punishment or exemption from them. The researcher will produce a jurisprudential dispute over the basis of binding power in the legislator to gain the binding force through the legal texts, and the share of the branches of law is different from the custom except for the criminal law, which lacks the role of custom in accordance with the principle of legality. As for Islamic law, And recommended the amendment of the articles relating to the non-obscene act, and the abolition of all decisions related to the phenomenon of revenge and compensation, as well as the elimination of the phenomenon of tribal dikka and inclusion in the crimes of threat.