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The Resolution of Disputes in State and Tribal Law in the South of Iraq: Toward a Cooperative Model of Pluralism

Negotiating State and Nonstate Law: The Challenges of Global and Local Legal Pluralism (Michael A. Helfand, ed. Cambridge University Press 2015)

U. of Pittsburgh Legal Studies Research Paper No. 2015-09

47 Pages Posted: 2 Apr 2015 Last revised: 7 Jul 2016

Haider Ala Hamoudi

University of Pittsburgh - School of Law

Wasfi H. Al-Sharaa

University of Basra College of Law

Aqeel Al-Dahhan

University of Basra College of Law

Date Written: March 30, 2015

Abstract

Based on our field work in Iraq considering the means by which Iraqi tribes resolve disputes, and the relationship of those processes to the law of the state, we advance the thesis herein that it is a mistake of category to impose a paradigm of competition on inconsistent legal systems operating within the same social fields. While this may be accurate in some, indeed many, contexts, more attention needs to be paid to the possibility of cooperation across highly autonomous and inconsistent legal systems. Hence, while Iraqi tribal law and Iraqi state law are quite distinct, and quite inconsistent, there is a thin, but very real, form of cooperation between the two systems. Far from resenting state law, or regarding its rules as ineffective, alien or inferior, Iraq’s tribes often embrace it, and quite often regard the tribal law as being in broad cooperation with it in the maintaining of order within their respective social field.

Keywords: Iraq, tribal law, legal pluralism, Arab legal pluralism, Iraqi law, alternative dispute resolution

Suggested Citation

Hamoudi, Haider Ala and Al-Sharaa, Wasfi H. and Al-Dahhan, Aqeel, The Resolution of Disputes in State and Tribal Law in the South of Iraq: Toward a Cooperative Model of Pluralism (March 30, 2015). Negotiating State and Nonstate Law: The Challenges of Global and Local Legal Pluralism (Michael A. Helfand, ed. Cambridge University Press 2015); U. of Pittsburgh Legal Studies Research Paper No. 2015-09. Available at SSRN: https://ssrn.com/abstract=2587267

Haider Ala Hamoudi (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Avenue
Pittsburgh, PA 15260
United States
412-624-1055 (Phone)

Wasfi H. Al-Sharaa

University of Basra College of Law ( email )

Iraw
Iraq

Aqeel Al-Dahhan

University of Basra College of Law ( email )

Iraw
Iraq

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