Rental sheikhs can resolve disputes quickly and effectively, but the system is increasingly being abused
that one of his employees had embezzled $800,000, Saif took him to a court in Baghdad and won. When the thief still did not return the cash, he was thrown in jail. But he was soon released, probably after paying a bribe. Fearing he would never see his money again, Saif began negotiating with the thief’s tribe—or, rather, his rental sheikh did. Saif, who grew up abroad, was unfamiliar with tribal practices, so he hired a tribe to back him and its leader to represent him.
Iraq is home to around 150 tribes, whose sheikhs long helped resolve disputes. Saddam Hussein tried to weaken them, but after he fell in 2003, sheikhs filled the vacuum left by a fragile and corrupt state. Today even some corporate lawyers advise their clients to use tribal councils rather than courts, especially if the sheikhs involved have links to powerful militias. This has led to a booming new business: sheikhs who rent out their services. Only some are real.
Relying on tribes to settle disputes has advantages. Courts dawdle; tribal negotiations can lead to deals in a matter of days. They are good at settling community or family feuds. But there is growing abuse of the system, especially as it takes on more commercial disputes. In rural areas tribes often extort money from oil and gas firms that operate nearby. In cities impostor sheikhs take money without producing results.
They complain, though, that the government has not also strengthened the legal system. After years of war Adel Abdul-Mahdi, the prime minister, has vowed to boost investment to bring down unemployment. But few investors dare inject money into a country where sheikhs and militias wield more influence than judges. Take the case of Muhannad, who turned to the tribes when a commercial tenant refused to vacate his building—then stuck an-47 in his face.
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