الضبط الاجتماعي بين الفصل العشائري و سلطة القانون

Abstract EN

The research addresses a widespread and prevalent phenomenon in the Arab society in general and the Iraqi society in particular, this phenomenon is represented by ((tribal separation)), as the separation exceeded in many cases the law of the state, as it is a law above the law, and as a result, this phenomenon resulted in us in the end many Of injustice and unfairness and it continued in this case to this day.

The clan chapters flourish in light of the clans’ sovereignty and dominance over individuals and their ability to confront conflicts and disagreements that occur in society, and all this happens in light of the weakness of the means of social control represented in the official state institutions, most notably the judiciary.

But when the state dominates and controls the members of society, the role of the tribal sheikhs recedes.

The authority is in Arab societies and in Iraqi society in particular.

He is disputed by authorities, including the authority of the clan elders, but when the role of the state weakens for some reason, the clan elders fill the void and begin to control the affairs of individuals.

What is actually happening now is that the state and its urgent need for the clans, especially in light of the current challenges, has resorted to the clans to extend security and fight the outlaws, but in return it has increased the influence of the clan elders, so the clans have become councils, unions, sheikhs and heads of clans, and the civil war that erupted in Iraq in the years 2006 and 2007 made individuals seek refuge in clans and sects for protection and safety.

Therefore, it is natural for the clans to have influence and power in the social control represented by clan segregation, despite all the injustices they perpetrate.