Bedouin systems of justice

Last updated

Systems of justice among the Bedouin are varied among the tribes. A number of these systems date from pre-Islamic times, and hence do not follow Sharia (Islamic religious law). Many of these systems are falling into disuse as more and more Bedouins follow the Sharia or national penal codes for dispensing justice.

Contents

General principles

Bedouin justice is dispensed based on the honor codes of the Bedouin—sharaf for men and ird for women. [1] Bedouin customs relating to preservation of honor, along with those relating to hospitality and bravery, date to pre-Islamic times. [1] In many Bedouin courts, women often do not have a say as defendant or witness, [2] and decisions are taken by village elders.

Members of a single tribe usually follow the same system of justice, and often claim descent from a single common ancestor. Closely related tribes may also follow similar systems of justice, and may even have common arbitrating courts. Jurists in Arab states have often referred to Bedouin customs as precedent. [2]

In smaller Bedouin tribes, conflict resolution can be as informal as talks between families of the two parties. However, social protocols of conflict resolution are in place for the larger tribes.

Bedouins, as nomads, do not have the concept of incarceration. Petty crimes, and some major ones, are typically settled by fines, and grievous crimes by corporal or capital punishment. Bedouin tribes are typically held responsible for the action of their members; if the accused fails to pay a fine, the accused's tribe is expected to pay and becomes obligated to the tribe. [3]

Trial by ordeal

Trial by ordeal is used by the Bedouin to decide on the gravest of crimes. Authorities to hold such trials and judge them are granted to few, and that too on a hereditary basis. The most well-known of the trials by ordeal is the bisha'a , a custom practiced among the Bedouin of Palestine and the Sinai Peninsula. It is a protocol for lie detection, and is enacted only in the harshest of civil or criminal violations, such as in a case of a blood feud, usually in the absence of witnesses. It entails the accused to lick a hot metal spoon and subsequently rinse the mouth with water. If the tongue shows signs of a burn or a scar the accused is taken to be guilty of lying. [4] [5]

Common forms of judicial hierarchy

Blood feud protocols

Protocols regarding blood feuds often override court decisions and may vary from tribe to tribe. Punishment for murder is usually harsher than that meted out for acts of disturbing the assahiya or solidarity of the tribe. The punishment for murder is usually capital punishment, but in some tribes a blood vengeance fee may be exacted instead. [6] The general governing principle is that of Dum butlab dum ("blood begets blood"), which may be compared to "an eye for an eye". In many tribes, the first five levels of male cousins (Khamsa) are obligated to seek out and kill the murderer. If not found, another male member of the murderer's tribe would have to die in the retaliatory killing. [1]

See also

Notes

  1. 1 2 3 Patai, Raphael. The Arab Mind . New York: Charles Scribner's Sons, 1973
  2. 1 2 3 4 Sons of Ishmael: A Study of the Egyptian Bedouin, by G.W. Murray, London: Routledge, 1935
  3. Of Bedouins and Tasting Fire Archived 2006-11-18 at the Wayback Machine by Larry W. Roeder, Jr.
  4. A short history of the Arab peoples Archived 2006-11-29 at the Wayback Machine ; by John B. Glubb; Hodder and Stoughton, London 1969
  5. Conflict resolution through a traditional ritual among the Bedouin Arabs of Palestine, Al-Krenawi, A. and Graham, J. R., Ethnology 38 pp. 163 – 174, 1999
  6. 1 2 Roeder, Larry W., Jr. The Sinai Bedouin Archived 2007-01-27 at the Wayback Machine

Related Research Articles

Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned practice of killing a person as a punishment for a crime, usually following an authorised, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row". Etymologically, the term capital refers to execution by beheading, but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing.

<span class="mw-page-title-main">Bedouin</span> Nomadic Arab tribes

The Bedouin, Beduin, or Bedu are pastorally nomadic Arab tribes who have historically inhabited the desert regions in the Arabian Peninsula, North Africa, the Levant, and Mesopotamia. The Bedouin originated in the Syrian Desert and Arabian Desert but spread across the rest of the Arab world in West Asia and North Africa after the spread of Islam. The English word bedouin comes from the Arabic badawī, which means "desert dweller", and is traditionally contrasted with ḥāḍir, the term for sedentary people. Bedouin territory stretches from the vast deserts of North Africa to the rocky ones of the Middle East. They are sometimes traditionally divided into tribes, or clans, and historically share a common culture of herding camels, sheep and goats. The vast majority of Bedouins adhere to Islam, although there are some fewer numbers of Christian Bedouins present in the Fertile Crescent.

<span class="mw-page-title-main">Criminal justice</span> Justice to those who have committed crimes

Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are the police, prosecution and defense lawyers, the courts and the prisons system.

"An eye for an eye" is a commandment found in the Book of Exodus 21:23–27 expressing the principle of reciprocal justice measure for measure. The earliest known use of the principle appears in the Code of Hammurabi, which predates the Hebrew Bible.

A feud, also known in more extreme cases as a blood feud, vendetta, faida, clan war, gang war, private war, or mob war, is a long-running argument or fight, often between social groups of people, especially families or clans. Feuds begin because one party perceives itself to have been attacked, insulted, injured, or otherwise wronged by another. Intense feelings of resentment trigger an initial retribution, which causes the other party to feel greatly aggrieved and vengeful. The dispute is subsequently fuelled by a long-running cycle of retaliatory violence. This continual cycle of provocation and retaliation usually makes it extremely difficult to end the feud peacefully. Feuds can persist for generations and may result in extreme acts of violence. They can be interpreted as an extreme outgrowth of social relations based in family honor. A mob war is a time when two or more rival families begin open warfare with one another, destroying each other's businesses and assassinating family members. Mob wars are generally disastrous for all concerned, and can lead to the rise or fall of a family.

Shifta is an term East African meaning rebel, outlaw, bandit, vigilante, brigand, or patriot. Originally having a heroic or anti-heroic connotation rather than a villainous character, over time, the term has taken on a more villainous meaning. It is a term mostly used in Ethiopia, Eritrea, Kenya, Tanzania, and Somalia. The Swahili word was loaned from the Somali shufta during the Shifta War, and is in turn derived from Amharic ሽፍታ (šəfta). Historically, the shifta served as a local militia in particularly remote, rural and often lawless parts of the Horn of Africa, namely the Ethiopian Highlands. The word shifta can be translated as "bandit" or "outlaw", but can include anyone who rebels against an authority or an institution that is seen as illegitimate, like the Arbegnoch guerillas during the Italian occupation of Ethiopia.

Qisas or Qiṣāṣ is an Islamic term interpreted to mean "retaliation in kind", "eye for an eye", or retributive justice.

Diya in Islamic law, is the financial compensation paid to the victim or heirs of a victim in the cases of murder, bodily harm or property damage by mistake. It is an alternative punishment to qisas. In Arabic, the word means both blood money and ransom, and it is spelled sometimes as diyah or diyeh.

Bisha'a or Bisha is a ritual practiced by Bedouin tribes of the Judean, Negev and Sinai deserts for the purpose of lie detection. It is also practiced, and is said to have originated among, some Bedouin tribes of Saudi Arabia. It is the best-known of various forms of trial by ordeal which are practiced by the Bedouin, which are now dying out. It is one of the rituals in the Bedouin justice dispensary system for maintaining Sharaf - the Bedouin honor code.

Sharaf and ird are Bedouin honor codes. Along with hospitality and courage/bravery, it is one of the Bedouin aspects of ethics. Bedouin systems of justice are based on these honor codes, although the codes are falling into disuse as more Bedouins accept sharia or national penal codes as the means for dispensing justice.

<span class="mw-page-title-main">Negev Bedouin</span> Nomadic Arab Muslim tribes residing in the Negev desert in Israel

The Negev Bedouin are traditionally pastoral nomadic Arab tribes (Bedouin), who until the later part of the 19th century would wander between Saudi Arabia in the east and the Sinai Peninsula in the west. Today they live in the Negev region of Israel. The Bedouin tribes adhere to Islam.

Xeer is the traditional legal system of Somalia, Somaliland, Djibouti, Somali Region, and the North Eastern Province in Kenya. It is one of the three systems from which formal Somali law draws its inspiration, the others being civil law and Islamic law. It is believed to pre-date Islam. However, Islam influenced it, with Xeer incorporating some Islamic faith elements. Under this system, the elders, known as the xeer begti, serve as mediator judges and help settle court cases, taking precedent and custom into account. Xeer is polycentric in that different groups within Somali society have different interpretations of xeer since Somalis weren’t united under one flag.

<span class="mw-page-title-main">Ma'ale Akrabim massacre</span> 1954 attack on Israeli civilians by Arab fedayeen

The Ma'ale Akrabim massacre, known in English as the Scorpions Pass Massacre, was an attack on an Israeli passenger bus, carried out on 17 March 1954, in the middle of the day. Eleven passengers were shot dead by the attackers who ambushed and boarded the bus. One passenger died 32 years later of his injuries, in a state of paralysis and partial consciousness. Four passengers survived, two of whom had been injured by the gunmen.

<span class="mw-page-title-main">Tarabin Bedouin</span> Arab tribe from the Sinai Peninsula

The Tirabin, were the most important Arab tribe in the Sinai Peninsula during the 19th century, and the largest inside Negev. Today this tribe resides in the Sinai Peninsula but also in Cairo, Ismailia, Giza, Al Sharqia and Suez, Israel (Negev), Jordan, Saudi Arabia and the Gaza strip. A township named Tirabin al-Sana was built in Israel in 2004 especially for the members of al-Sana clan from Al-Tirabin tribe.

Capital punishment in Montenegro was first prescribed by law in 1798. It was abolished on 19 June 2002. The last execution, by shooting, took place on 29 January 1981, and the two last death sentences were pronounced on 11 October 2001. Montenegro is bound by the following international conventions prohibiting capital punishment : Second Optional Protocol to the International Covenant on Civil and Political Rights, as well as Protocols No. 6 and No. 13 to the European Convention on Human Rights. According to Art. 26 of the Montenegrin Constitution (2007): "In Montenegro, capital punishment punishment is forbidden”.

The legal system in the United Arab Emirates is based on civil law, and Sharia law in the personal status matters of Muslims and blood money compensation. Personal status matters of non-Muslims are based on civil law. The UAE constitution established a federal court system and allows all emirates to establish local courts systems. The emirates of Abu Dhabi, Dubai and Ras Al Khaimah have local court systems, while other emirates follow the federal court system. Some financial free trade zones in Abu Dhabi and Dubai have their own legal and court systems based on English common law; local businesses in both emirates are allowed to opt-in to the jurisdiction of common law courts for business contracts.

Racism in Saudi Arabia extends to allegations of imprisonment, physical abuse, rape, murder, overwork, and wage theft, especially of foreign workers who are given little protections under the law.

The judicial system of the United Arab Emirates is divided into federal courts and local courts. The federal justice system is defined in the Constitution of the United Arab Emirates, with the Federal Supreme Court based at Abu Dhabi. As of 2023, only the emirates of Abu Dhabi, Dubai and Ras Al Khaimah have local court systems, while all other emirates use the federal court system for all legal proceedings.

Kin punishment is the practice of punishing the family members of someone who is accused of committing a crime, either in place of or in addition to the perpetrator of the crime. It refers to the principle in which a family shares responsibility for a crime which is committed by one of its members, and it is a form of collective punishment. Kin punishment has been used as a form of extortion, harassment, and persecution by authoritarian and totalitarian states. Kin punishment has been practiced historically in Nazi Germany, China, Japan and South Korea, and presently in North Korea.

<span class="mw-page-title-main">Judicial system of the Islamic Republic of Iran</span> One of the three forces in Islamic republic of Iran

The Islamic Republic of Iran was founded after the 1979 overthrow of the Pahlavi dynasty by the Islamic Revolution, and its legal code is based on Islamic law or sharia, although many aspects of civil law have been retained, and it is integrated into a civil law legal system. According to the constitution of the Islamic Republic, the judiciary in Iran "is an independent power". The entire legal system—"from the Supreme Court to regional courts, all the way down to local and revolutionary courts"—is under the purview of the Ministry of Justice, but in addition to a Minister of Justice and head of the Supreme Court, there is also a separate appointed Head of the Judiciary. Parliamentary bills pertaining to the constitution are vetted by the Council of Guardians.