Legal pluralism among muslims in contemporary Baghdad: An ethnographic approach

The tripartite arrangement of sharia, tribe, and state has prevailed in Muslim countries. During the Ottoman governance over Iraq, shariawas implemented as the state law until the Tanzimat reforms in 1839. At this point, certain Western civil codes were introduced and enforced, leading to the emergence of legal plurality. Tribes have always played an important role in Islamic communities, but their influence is highly affected by the state's capacity to enforce its mandate. The more powerful the state is, the more control it has over the tribes, and vice versa. After 2003, Iraq went through radical changes on political, legal, and social levels not only because of the change in the governance system but also due to the civil war in 2006- 2007. During this tumultuous period, the governmental apparatuses remained generally dysfunctional, which led to the revival of tribal affinities. This thesis focuses on the contemporary legal pluralismphenomenon, which is characterized by the coexistence and interaction of multiple legal systems. Specifically, it examines the involvement of governmental actors, tribes, and religious authorities in this complex legal domain and how this plurality affects the legal consciousness of the Iraqis in everyday life.