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Many Iraqis have more trust in their tribal elders
than the country’s judges.
Sitting on a high bench before a crowd of visitors
at his home, 60-year-old Sarhad Khalifa looks like a
judge.
But though his rulings have no legal backing, as
head of the Rughzayee clan of the Jaff tribe - the
largest in Iraqi Kurdistan, with almost three
million members - Khalifa’s decision sometimes holds
more weight than that of a formal court.
Because Iraq is a largely tribal society, people
mainly rely on community leaders to resolve disputes
instead of going to court – all the more so now
since the government is seen as failing to establish
the rule of law.
“The government can’t solve problems,” said Khalifa.
“There has been no law and order in this country for
a long time.”
Khalifa receives visitors seeking his wisdom on a
daily basis. His rulings are based on his tribe’s
values of forgiveness and compensation. Sometimes,
Khalifa even provides the latter, although he will
not say how much, as discussing such things is
against tribal code.
“Khalifa solves problems quickly and does not let
them turn into bigger disputes,” said 49-year-old
farmer Omer Hama-amin. “That’s why people turn to
him.”
For example, Khalifa cites one case brought to him
in which a man and a woman had had sex out of
wedlock – illegal in tribal society, with those
involved often threatened by honour killings in
which their own relatives murder them to expunge the
shame brought upon their respective families.
Khalifa resolved the case by arranging marriages
between the couple - sending them to another area to
live far away from relatives - and the sister of the
man and a brother of the woman.
Osman Qadir, head of the Sulaimaniyah court, said
tribal court decisions are not legally binding and
can undermine the rights of people involved. “ I
deem these solution as bad deeds,” said Qadir.
But Khalifa said few dare to challenge a tribal
court decision, “If someone does not agree with a
ruling, he will be dismissed from the tribe.”
Majeed Ahmed turned to Zangna tribal justice after a
formal court could not resolve his family problems.
His sister and his wife’s brother had married but
wanted to separate after five years together. As a
result, Ahmed’s wife’s family said that she should
also go back to them. But Ahmed and his wife
refused, but then her family rejected the court’s
decision to annul the marriage of his sister and
brother-in-law without affecting their marriage.
The issue was resolved by a tribal judge, who
decided that Ahmed’s marriage would remain intact if
he paid substantial compensation to his wife’s
family.
Criminologist Jwan Ihsan Fawzi said that it will
take time for Iraqis to accept state courts as
institutions that can provide solutions to their
problems. “The affiliation to tribes and respect for
tribal chiefs are still extremely strong,” she said.
Hemin Baqir is an IWPR trainee in Sulaimaniyah.
www.iwpr.net
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