القانون الموازي و الأَمن الاجتماعي في مجتمع محلي : دراسة ميدانية في محافظة بغداد النهروان أنموذجا

Abstract EN

Iraqi society was distinguished by the dominance of traditional construction and the persistence of family and clan tendencies at the expense of civil concepts and cultural foundations and their penetration into the institutions of the modern state and its foundational pillars.

In light of the social relations that control the structures and decisions of society and are characterized by stability and acceptance by most of the members of society, it is not easy to try to change or replace them.

Khas is firmly committed to the parallel traditions and laws that dominate the landscape of Iraqi social life.

Parallel laws play a major role in the lives of members of Iraqi society and in the field of legal relations between individuals, and parallel laws have a great impact in the field of impunity.

During the last two decades, Iraq has been subjected to political and economic changes that led to major social changes and repercussions that imposed themselves on the social reality and led to the emergence of some problems and challenges that affected all life facilities, resulting in chaos, weak rule of law and a threat to the human security of society, which prompted some members of society to regress.

To the practice of traditional social systems, foremost of which is the reliance on the clan because it is a safe fortress that plays an active role in resolving conflicts.

Overcoming difficulties according to a formula and concepts inherited and others according to the diligence of the elders and wise men.

But these laws and customs, which represent parallel laws with the passage of time, have turned into a phenomenon enshrined in social traditions.

This study is an analytical descriptive study, and the field survey method was relied on by the sampling method.

A number of scientific tools were employed to collect data (questionnaire, interview, focus group interview, and observation), and the study sample was determined by a group of sheikhs, dignitaries, active forces and workers in security and judicial institutions in The study community is the (Al-Nahran) region.

The number of respondents was (300) distributed among the members of the aforementioned study community, as well as a set of statistical methods were used to reach the objectives sought by the study, and the statistical data was processed through the adoption of a program ( ) to unload the data: The most important results of the field study are as follows:- 1.

From the results of the study, it was found that (43.3%) of the respondents confirm the effective contribution of the parallel law in achieving social security in the local community.

2.

The results of the study showed that (47.7%) of the respondents indicated that parallel law is a basic necessity for the organization and cohesion of social life.

3.

The results of the study show that most of the respondents stressed that continuing to implement the parallel law will weaken the authority of the official law and marginalize its mechanisms and contexts (79.3%).

4.

The results of the study showed that most of the respondents believe that the length of litigation procedures and the fact that cases remain in the official justice agencies for many years leads some to resort to legal action according to the criteria of parallel law (62%).

The study also included some results, recommendations and suggestions, including: 1.

The social cost of parallel law is often exorbitant due to the overlap between the formal legislation of social practice and the hegemony of clan customs.

2.

The parallel law is still moving effectively in the bowels of the local community due to the fragility of governance, the disintegration of the public policy-making system, and the slack and weak performance of the controlling institutions.

3.

The traditional social practices represented by the parallel law often acquire a major role in enhancing social control, supporting the foundations of stability in society, resolving conflicts and addressing problems.

4.

Spreading awareness among the community and informing them of the risks they face if they are obliged to impose and implement parallel laws and stay away from official laws, and focus on the developmental aspect within the framework of a vision that includes all scientific and material capabilities and expertise to build a strong and cohesive society moving towards progress and adherence to commitment to official laws and imposing Severe penalties for violators.

5.

The necessity of educating the children of local community members in order to raise their awareness and get rid of customs, traditions, parallel laws and outdated values that intersect with the social security system, and to work in development projects for the (Nahran) region and rehabilitate the infrastructure, especially in the education sector.

6.

The need to stay away from undesirable negative phenomena in Iraqi society (tribal banging), writing on shops or homes with the words (blood or tribal wanted) or burning them.

And concerted media, educational, security, legal and political efforts to eliminate the phenomenon of the clan’s belligerence, cooperation with the chiefs of the original clans, notables and the active force in the local community, and negotiation and understanding with them to exploit their moral authority over the sons of their clans.