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Bedouin systems of justice

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

Contents
General principles
Trial by ordeal
Common forms of judicial hierarchy
Blood feud protocols
See also
Notes

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 preserv ation of
honor, along with those relating to hospitality and brav ery , date to pre-
Islamic times. [1] In many Bedouin courts, women often do not hav e a say as
defendant or witness, [2] and decisions are taken by v illage elders.

Members of a single tribe usually follow the same sy stem of justice, and often
claim descent from a single common ancestor. Closely related tribes may also
follow similar sy stems of justice, and may ev en hav e common arbitrating
courts. Jurists in Arab states hav e 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. Howev er, social protocols of conflict
resolution are in place for the larger tribes.

Bedouins, as nomads, do not hav e the concept of incarceration. Petty crimes,

and some major ones, are ty pically settled by fines, and griev ous crimes by
corporal or capital punishment. Bedouin tribes are ty pically 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]

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Trial by ordeal
Trial by ordeal is used by the Bedouin to decide on the grav est 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 civ il or criminal v iolations, 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 ly ing. [4][5]

Common forms of judicial hierarchy

Orfi: A one-level judicial system - Some Bedouin tribes of the Sinai use
arbitration by orfi courts. Orfi courts do not seek to find the truth or condemn
the guilty, but act more as mediators 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 feuds.[2]
Ghadi: A two-level hierarchy - The Alegat Bedouin of Egypt 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 sheikh
(tribal leader), whose judgement cannot be overruled.[2]
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 strength in the
tribe, chosen by each party). The claimant then approaches the k afeel of the
other party, who acts as intermediary. Kafeels are paid for their work and not
hereditary. All arbiters above the k afeel 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.[6]

Blood feud protocols

Protocols regarding blood feuds often ov erride court decisions, and may v ary
from tribe to tribe. Punishment for murder 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 v engeance fee may be exacted instead. [6] The general gov erning
principle is that of Dum butlab dum ("blood begets blood"), which may be
compared to the lex talionis. In many tribes, the first fiv e lev els 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 hav e to die in the
retaliatory killing. [1]

See also
Revenge

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Guilt-Shame-Fear spectrum of cultures

Notes
1. Patai, Raphael. The Arab Mind. New York: Charles Scribner's Sons, 1973
2. Sons of Ishmael: A Study of the Egyptian Bedouin, by G.W. Murray, London:
Routledge, 1935
3. Of Bedouins and Tasting Fire (http://members.nova.org/~lroeder/BESHA.htm)
Archived (https://web.archive.org/web/20061118081532/http://members.nova.or
g/~lroeder/BESHA.htm) 2006-11-18 at the Wayback Machine. by Larry W.
Roeder, Jr.
4. A short history of the Arab peoples (http://www.jordanjubilee.com/meetfolk/glub
b.htm); by John B. Glubb; Hodder and Stoughton, London 1969
5. Conflict resolution through a traditional ritual among the Bedouin Arabs of
Palestine (http://cat.inist.fr/?aModele=afficheN&cpsidt=1565655), Al-Krenawi,
A. and Graham, J. R., Ethnology 38 pp. 163 - 174, 1999
6. Roeder, Larry W., Jr. The Sinai Bedouin (http://members.nova.org/~lroeder/law.
htm) Archived (https://web.archive.org/web/20070127041404/http://members.n
ova.org/~lroeder/law.htm) 2007-01-27 at the Wayback Machine.

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