Bedouin systems of justice
Encyclopedia
Systems of justice
among the Bedouin
are varied among the tribe
s. A number of these systems date from pre-Islamic times
, and hence do not follow Sharia
(Islam
ic 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.
s of the Bedouin—sharaf for men and ird for women
. Bedouin customs relating to preservation of honor, along with those relating to hospitality
and bravery, date to pre-Islamic times. In many Bedouin courts, women often do not have a say as defendant
or witness
, 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. Jurist
s in Arab states
have often referred to Bedouin customs as precedent
.
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 nomad
s, 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.
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 Judea
, the Negev
, 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.
is usually harsher than punishment meted out to acts of disturbing the assahiya (tribal solidarity). The punishment for murder is usually capital punishment, but in some tribes a blood vengeance fee may be extracted instead. The general governing principle is that of Dum butlab dum ("blood begets blood"), which may be compared to the lex talionis
. 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.
Legal systems of the world
The legal systems of the world today are generally based on one of three basic systems: civil law, common law, and religious law – or combinations of these...
among the Bedouin
Bedouin
The Bedouin are a part of a predominantly desert-dwelling Arab ethnic group traditionally divided into tribes or clans, known in Arabic as ..-Etymology:...
are varied among the tribe
Tribe
A tribe, viewed historically or developmentally, consists of a social group existing before the development of, or outside of, states.Many anthropologists use the term tribal society to refer to societies organized largely on the basis of kinship, especially corporate descent groups .Some theorists...
s. A number of these systems date from pre-Islamic times
Pre-Islamic Arabia
Pre-Islamic Arabia refers to the Arabic civilization which existed in the Arabian Plate before the rise of Islam in the 630s. The study of Pre-Islamic Arabia is important to Islamic studies as it provides the context for the development of Islam.-Studies:...
, and hence do not follow Sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
(Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
ic religious law
Religious law
In some religions, law can be thought of as the ordering principle of reality; knowledge as revealed by a God defining and governing all human affairs. Law, in the religious sense, also includes codes of ethics and morality which are upheld and required by the God...
). Many of these systems are falling into disuse as more and more Bedouins follow the Sharia or national penal codes for dispensing justice.
General principles
Bedouin justice is dispensed based on the honor codeHonor code
An honour code or honour system is a set of rules or principles governing a community based on a set of rules or ideals that define what constitutes honorable behavior within that community. The use of an honor code depends on the idea that people can be trusted to act honorably...
s of the Bedouin—sharaf for men and ird for women
Honor codes of the Bedouin
Sharaf and ird are Bedouin honor codes. Along with hospitality and courage/bravery, it is one of the Bedouin aspects of ethics that contain significant amounts of pre-Islamic customs...
. Bedouin customs relating to preservation of honor, along with those relating to hospitality
Hospitality
Hospitality is the relationship between guest and host, or the act or practice of being hospitable. Specifically, this includes the reception and entertainment of guests, visitors, or strangers, resorts, membership clubs, conventions, attractions, special events, and other services for travelers...
and bravery, date to pre-Islamic times. In many Bedouin courts, women often do not have a say as defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
or witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
, 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. Jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
s in Arab states
Arab world
The Arab world refers to Arabic-speaking states, territories and populations in North Africa, Western Asia and elsewhere.The standard definition of the Arab world comprises the 22 states and territories of the Arab League stretching from the Atlantic Ocean in the west to the Arabian Sea in the...
have often referred to Bedouin customs as precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
.
In smaller Bedouin tribes, conflict resolution
Conflict resolution
Conflict resolution is conceptualized as the methods and processes involved in facilitating the peaceful ending of some social conflict. Often, committed group members attempt to resolve group conflicts by actively communicating information about their conflicting motives or ideologies to the rest...
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 nomad
Nomad
Nomadic people , commonly known as itinerants in modern-day contexts, are communities of people who move from one place to another, rather than settling permanently in one location. There are an estimated 30-40 million nomads in the world. Many cultures have traditionally been nomadic, but...
s, do not have the concept of incarceration
Incarceration
Incarceration is the detention of a person in prison, typically as punishment for a crime .People are most commonly incarcerated upon suspicion or conviction of committing a crime, and different jurisdictions have differing laws governing the function of incarceration within a larger system of...
. Petty crimes
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
, and some major ones, are typically settled by fines, and grievous crimes
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
by corporal
Corporal punishment
Corporal punishment is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to deter attitudes or behaviour deemed unacceptable...
or capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
. 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.
Trial by ordeal
Trial by ordealTrial by ordeal
Trial by ordeal is a judicial practice by which the guilt or innocence of the accused is determined by subjecting them to an unpleasant, usually dangerous experience...
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
Bisha'a
Bisha'a or Bisha is a ritual practiced today by some 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...
, a custom practiced among the Bedouin of Judea
Judea
Judea or Judæa was the name of the mountainous southern part of the historic Land of Israel from the 8th century BCE to the 2nd century CE, when Roman Judea was renamed Syria Palaestina following the Jewish Bar Kokhba revolt.-Etymology:The...
, the Negev
Negev
The Negev is a desert and semidesert region of southern Israel. The Arabs, including the native Bedouin population of the region, refer to the desert as al-Naqab. The origin of the word Neghebh is from the Hebrew root denoting 'dry'...
, and the Sinai Peninsula
Sinai Peninsula
The Sinai Peninsula or Sinai is a triangular peninsula in Egypt about in area. It is situated between the Mediterranean Sea to the north, and the Red Sea to the south, and is the only part of Egyptian territory located in Asia as opposed to Africa, effectively serving as a land bridge between two...
. It is a protocol for lie detection
Lie detection
Lie detection is the practice of attempting to determine whether someone is lying. Activities of the body not easily controlled by the conscious mind are compared under different circumstances. Usually this involves asking the subject control questions where the answers are known to the examiner...
, 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
Burn
A burn is an injury to flesh caused by heat, electricity, chemicals, light, radiation, or friction.Burn may also refer to:*Combustion*Burn , type of watercourses so named in Scotland and north-eastern England...
or a scar the accused is taken to be guilty of lying.
Common forms of judicial hierarchy
- Orfi: A one-level judicial systemJudiciaryThe judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
- Some Bedouin tribes of the Sinai use arbitrationArbitrationArbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
by orfi courts. Orfi courts do not seek to find the truth or condemn the guilty, but act more as mediatorsMediationMediation, as used in law, is a form of alternative dispute resolution , a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement...
between two parties. Orfi courts are headed by a muktar (judge). Orfi courts can authorize the bisha'a, but could be overruled by protocols governing blood feudBlood Feud"Blood Feud" is the twenty-second and final episode of The Simpsons second season. It originally aired on the Fox network in the United States on July 11, 1991. In the episode, Mr. Burns falls ill and desperately needs a blood transfusion. Homer discovers Bart has Burns' rare blood type and urges...
s. - Ghadi: A two-level hierarchy - The Alegat Bedouin of EgyptEgyptEgypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
appoint three judges (ghadi). One may appeal to a different judge if one is unhappy with the result of the conflict resolution. Alternatively, one may appeal to the sheikhSheikhNot to be confused with sikhSheikh — also spelled Sheik or Shaikh, or transliterated as Shaykh — is an honorific in the Arabic language that literally means "elder" and carries the meaning "leader and/or governor"...
(tribal leader), whose judgement cannot be overruled. - Armilat: A multi-level hierarchy - The Armilat Bedouin have five levels of arbiters - judges with increasing levels of authority. The lowest-level arbiters are the kafeel (a person of power and stature or great physical strengthPhysical strengthPhysical strength is the ability of a person or animal to exert force on physical objects using muscles. Increasing physical strength is the goal of strength training.-Overview:...
in the tribe, chosen by each party). The claimantPlaintiffA plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
then approaches the kafeel of the other party, who acts as intermediary. Kafeels are paid for their work and not hereditary. All arbiters above the kafeel have hereditary powers and in increasing power of arbitration, are: kabir, adraybee, manshaad, and the highest authority, the jrabiee. The jrabiee are actually capable of performing the bisha'a, and are hence mubashas in this sense.
Blood feud protocols
Protocols regarding blood feuds often override court decisions, and may vary from tribe to tribe. Punishment for murderMurder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
is usually harsher than punishment meted out to acts of disturbing the assahiya (tribal solidarity). The punishment for murder is usually capital punishment, but in some tribes a blood vengeance fee may be extracted instead. The general governing principle is that of Dum butlab dum ("blood begets blood"), which may be compared to the lex talionis
Eye For An Eye
Eye for an Eye is a Polish hardcore punk rock band founded in 1997 in Bielsko-Biała. EFAE, as it is also known, plays an old school style of punk, more along the veins of The Exploited or even, some say, Agnostic Front. The punk stylings of EFAE has been compared to fellow countrymen Post Regiment,...
. 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.