Tribal Justice and State Fragility: The Enduring Influence of Clans in Southern Iraq

Jan. 29, 2025

ERBIL (Kurdistan24) – Despite Iraq’s formal judicial system, many citizens in central and southern regions continue to bypass state courts, opting instead for tribal guesthouses (diwan al-Arab) to resolve disputes and reach the so-called tribal peace/settlement (solh al-ashai’iri).

This rising dependence on customary law over state institutions underlines more profound structural issues in governance, the persistent effects of rural migration, and the decline of Iraq’s urban legal and social order.

In the absence of a robust state judiciary, tribal justice has cemented its role as an alternate legal framework in Iraq, especially in its central and southern provinces.

Though the Iraqi state has formal laws and courts, tribal guesthouses remain the favored venue for dispute resolution, with many seeing them as more effective and accessible than the slothful and often corrupt legal system.

Ibrahim al-Dahsh, the official spokesperson for the Arab Union of Tribes in Arab Countries, told Kurdistan24 that tribal traditions remain vital to resolving conflicts.

“Avoiding legal channels does not mean disrespecting the law,” he explained. “It is simply a reflection of our society’s nature, where tribal customs carry deep historical weight.”

Ali Adnan, chief of the Al Sahlan tribe, echoed this sentiment, emphasizing that many cases are minor and people prefer not to burden state institutions with them. Instead, they opt for informal mediation within the guesthouses, where tribal leaders work to reach settlements acceptable to all parties involved.

This phenomenon is not new, but its persistence is rooted in broader socio-political transformations.

Since the mid-20th century, Iraq has experienced waves of rural migration into its cities, particularly Baghdad.

The influx of rural populations, combined with political instability and the erosion of state authority, has contributed to what al-Sabah Newspaper called the “ruralization” of Iraq’s urban centers, altering social structures and weakening reliance on state institutions.

Historically, Baghdad was a model of modernity among the Arab countries, featuring organized public transportation, thriving cultural clubs, and a legal system that was widely respected.

However, this urban legal framework has corroded as consecutive governments have depended on tribal and sectarian alliances to maintain political power.

The weakness of Iraq’s industrial sector, which failed to incorporate rural migrants into an urban workforce, further contributed to the supremacy of rural norms over city life.

Tribal Rule vs. State Law

While tribal justice is perceived as a more direct form of dispute resolution, legal experts warn of its long-term consequences.

Ali Hussein, a legal analyst, emphasized that tribal rulings often favor powerful clans over individual rights.

“The persistence of tribal justice reflects governmental weakness,” he noted. “Some tribal solutions are deeply biased, reinforcing inequality rather than delivering impartial justice.”

This disparity is particularly evident in cases involving women.

In a 2016 piece published in The Arab Weekly, the social activist Bushra Obeidi described instances where women were given as “blood money” to settle tribal disputes, a practice that remains outlawed but largely unpunished.

“Offering women as compensation is a crime under civil law, yet the state has failed to enforce this,” she said.

It could be said that the Iraqi parliament’s decision to amend the Personal Status Law, a contentious and heavily criticized law, could exacerbate the situation further. Under such a law, the Iraqi public could be even more incentivized to seek tribal venues for dispute settlement than a proper legal framework under the state’s control.

The lack of state intervention has emboldened tribes to exercise de facto judicial autonomy, often in defiance of formal legal authorities.

Some tribes have even imposed financial penalties on political figures for public remarks, as seen in a case where a lawmaker's tribe fined another politician’s clan for “slanderous” television comments.

The Rise of Armed Tribalism

Beyond dispute resolution, the militarization of tribal groups has further challenged state authority.

Shafaq News reported back in 2023 that the tribal conflict in Nasr district, Dhi Qar, exposed the security forces’ inability to maintain control, as clashes erupted over a personal dispute that quickly escalated into an armed confrontation.

The incident revealed that local tribes possess military-grade weapons, including mortars and RPGs, raising concerns over the unchecked proliferation of arms in Iraq’s southern provinces.

Lawmakers and tribal leaders alike acknowledge the gravity of the situation.

Arif al-Hamami, an MP from Dhi Qar, told Shafaq News that “tribal conflicts pose a serious threat to Iraq’s social fabric,” and called for immediate government action to disarm local militias.

Meanwhile, Sheikh Muhammad al-Zaidawi, a tribal leader from Basra, echoed these concerns, stating that the state’s failure to regulate tribal affairs has allowed political factions to exploit tribal networks for their own interests.

A Crisis of Governance

The dominance of tribal justice reflects Iraq’s deeper struggle with governance and the rule of law.

Since 2003, successive governments have relied on tribal alliances to maintain order, effectively outsourcing security and legal authority to local clans.

This strategy, while expedient, has weakened Iraq’s judiciary and allowed for the expansion of informal justice systems that often undermine the principles of fairness and equality.

Back in 2016, the legal expert Ali al-Rafii’ expressed his concerns to the Arab Weekly that the state must reclaim its judicial authority. “The role of the judiciary has been expropriated by tribes,” he stated. “Tribal leaders are now making a living from dispute settlements, creating a parallel legal system that contradicts state laws.”

Such concerns resonate almost a decade later.

With thousands of tribal rulings issued each year, and armed clashes increasingly undermining state control, Iraq faces a critical choice: reclaim its judicial sovereignty or risk further entrenching a system where tribal power supersedes the rule of law.

The path forward requires not only legal reforms but also a concerted effort to restore public confidence in state institutions—before the balance tips irreversibly in favor of tribal rule.

Kurdistan24's correspondent in Nassiriyah Haider Hanoun contributed to this report.