Tribal Dispute Resolution And Women’s Access To Justice In .
WANA InstituteTribal Dispute Resolution andWomen’s Access to Justice inJordan
to'Justice'in'Jordan'!!Understanding justice systems that developed over millennia before the advent of thestate and still operate today is critical to strengthening women’s access to justice.Recognition of the important role of such ‘non-state justice systems’ and their complexlinkages with other justice systems has grown in recent times, to the extent that it hasbeen posited as “perhaps the most significant trend in justice reform efforts in the lastdecade.”1 Despite this, there remains a dearth of research on the topic in the West Asia –North Africa (WANA) region, including Jordan.Like many other countries in the WANA region, Jordan has several central justicesystems, which interact in a myriad ways: tribal dispute resolution processes, Shari’ah(Islamic) courts and State courts.2 Several studies show that while considerableimprovements to the gender equity of Jordan’s state laws have been made over the lastdecades, there remain significant obstacles for women’s access to justice.3 Many of thereasons are not dissimilar to those in other countries. They include financial barriers, aweak legal aid system, low legal awareness, discriminatory substantive laws and a lackof trust in state institutions. However, there has been little research on the connectionbetween women’s access to justice and the tribal dispute resolution principles andprocesses that are so strongly embedded in Jordanian society.Defying predictions made in the later period of Jordan’s statebuilding, the notions of‘tribe’ and ‘tribal law’ remain strong in Jordan. They are inextricably tied with identityfor many Jordanians – from the national to the village level, with the majority ofJordan’s population today having tribal affiliations, whether the tribes in question areprimarily settled, semi-nomadic or nomadic.4 Almost all original inhabitants of Jordanderive from Bedouin, a nomadic desert dwelling peoples. This means that similarprinciples and processes for governing justice and security, which were developed !!!!!!!!!!!!!!!1T Chopra and D Isser, 'Access to Justice and Legal Pluralism in Fragile States: The Case of Rights'(2012) 4(2) Hague Journal on the Rule of Law 337, 338. The author recognises the debate on theappropriate terminology as between ‘informal’, ‘customary’, ‘traditional’ and ‘non-state’ systems. Theauthor also recognises the debate in legal pluralism scholarship as to ‘what is law’, preferring to use justiceor dispute resolution system.2The latter has been influenced by old European codes that were adopted during the Ottoman period,English common law introduced during the mandate between 1921 and 1946, followed by Egyptian andSyrian legislation and most recently, international law. In relation to international law, Jordan ratified theConvention for the Elimination of Discrimination Against Women (CEDAW) in 1992, but with severalreservations.3See, for example R Husseini, 'Jordan' in S Kelly and J Breslin (eds), Women's Rights in the Middle Eastand North Africa: Progress Amid Resistance (2010) Start Page, ,4G bin Muhammad, The Tribes of Jordan: At the Beginning of the Twenty-first Century, (1999) 12.
!2!thousands of years of harsh desert living, are the basis for almost every tribe in Jordan,even those who now life a sedentary lifestyle. Shari’ah and state law may have largelyreplaced the intricacies of a comprehensive tribal legal code. However, the centralprinciples and processes of dispute resolution underpinning the tribal justice system arestill prevalent in Jordan today.As legal scholar-pracitioners Chopra and Isser have pointed out, gender discrimination isnot generally an intrinsic part of any one particular justice system. Rather justice systemsreflect and perpetuate aspects of the society in which they are embedded, such asasymmetric power relations between men and women.5 This paper shows that tribaldispute resolution principles and processes both reflect the social norms and genderasymmetries in Jordanian society today, and impact the extent to which women canaccess justice through the state and shari’ah system. It does so by drawing on two mainsources. First, literature on tribal dispute resolution processes in Jordan and surroundingcountries. Second, the findings from a focus group held on 16 December 2014 inAmman with 30 female Jordanian civil society leaders. This paper is intended as anexploratory study, providing a foundation and direction for future research by posingseveral hypotheses about the relationship between women’s access to justice andprinciples and processes governing tribal dispute resolution.The paper is structured in three sections as follows. First, an overview of the role of ‘thetribe’ in Jordan’s past and present is outlined. The second section discusses eight centralprinciples and processes of tribal dispute resolution, which were developed overcenturies of isolated desert living and still impact access to justice in Jordan today. Thethird section identifies three main ways that tribal dispute resolution principles andprocesses negatively affect women’s access to justice. The paper concludes withsuggestions for future research.1. Bedouin, tribes and JordanThis paper is based on the theory that justice systems do not exist or develop in isolation,but rather they are connected to an “underlying socio-economic, cultural and politicalcontext,” and reflect many of the values and asymmetric gender relations of the societyin which they are embedded.6 Accordingly, this section outlines some of this context fortribal principles and process of dispute resolution in Jordan. It explains why, as alRamahi puts its, tribal dispute resolution systems and the “notion of ‘tribe’ has pluralresonance in the Jordanian !!!!!!!!!!!!!!!!!!!!!!!5T Chopra and D Isser, 'Access to Justice and Legal Pluralism in Fragile States: The Case of Rights'(2012) 4(2) Hague Journal on the Rule of Law 337, 352.6Ibid.7A Al-Ramahi, Competing Rationalities: The Evolution of Arbitration in Commercial Disputes in ModernJordan, PhD, (2008) 126.
!3!1.1 Bedouin: Inhabitants of the desertFrom the earliest recorded history until the end of the Ottoman Empire in 1918, peopleliving in large swathes of desert in the WANA region were essentially left to their owndevices; government or empire authorities confined their presence to capitals at the edgeof the desert.8 These people became known as Bedouin in English, which is from theArabic badawiyin, meaning “inhabitants of the desert”.9 As in many other isolated placesaround the world, the Bedouin people developed a system of law based on principles andprocesses designed to ensure their security and survival.In order to survive in the sparsely populated but harsh, resource-poor desert traditionalBedouin society developed strong collective bonds within independent family groupings.Sonbol describes this, saying “living closely together and being highly dependent oneach other meant greater tribal unity cemented by possessive pride in tribal honor, thetribal name and an intertribal clan hierarchy built on loyalty and respect.”10 In short,tribal solidarity was required of everyone belonging to the tribe in order to ensuresurvival.11 The largest natural grouping is the ashira, followed by hamulas.12 These canboth be considered translations for the English term ‘tribe’.13 The Bedouin tribalstructure is patrilinal (blood relationship descend through the male line), headed by maleleaders, known as shaykhs. The next main grouping is the clan, or khamsa, which isheaded by kabir (elders).141.2 Jordan and its tribes over timeEven though few people in Jordan today live nomadically in the desert, the legacy of theneed for tribal solidarity remains strong. Like several other principles established duringthousands of years of isolated desert living, tribal solidarity affects the currentconception and operation of justice in Jordan. Although like other similar societies tribalstructures, principles and processes of dispute resolution in Jordan are not static. !!!!!!!!!!!!!!!8B Clinton, Bedouin Law from Sinai and Negev: Justice without government, (2009) 9.Arguably the label ‘Bedouin’ is only appropriate for the minority of people who still live nomadically inthe desert. However the terms ‘tribe’ or ‘tribal’ continue to hold resonance for so many in Jordan.Accordingly they will be used for the remainder of this paper. In other literature, tribal-based disputeresolution systems are known by a variety of terms such as customary justice systems, traditional systemsor non-state legal systems.10A E-A Sonbol, Women of Jordan: Islam, Labor, and the Law, (2003) 43.11A Furr and M Al-Serhan, 'Tribal Customary Law in Jordan' (2008) 4(2) South Carolina Journal ofInternational Law and Business 17, 18.12A Al-Ramahi, Competing Rationalities: The Evolution of Arbitration in Commercial Disputes in ModernJordan, PhD, (2008) 127. citing F Al-Kalani, Shariah al-ashaer fi al Watan Al-arabi (The customs of thetribe in the Arab countries), (1985) . See also, D Pely, 'Women in Sulha - excluded yet influential' (2011)22(1) International Journal of Conflict Management 89, footnote 1.13There are also larger units, which may gather together in conflict that could be described asconfederations of tribes, known as fakdh (sub-confederation) and qabila (conferdation). B Clinton,Bedouin Law from Sinai and Negev: Justice without government, (2009) 12-13.14Ibid, p. 13.9
!4!continue to adjust, albeit slowly, in response to societal changes. Indeed, they have doneso for many centuries, adapting to the advent of Islam, then later to the establishment ofthe Transjordan Emirate, the Hashemite Kingdom and to processes of urbanisation andglobalisation.It is clear that tribal society and methods of dispute resolution in the WANA regionpredate Islam;15 though since the advent of Islam in Arabia in the seventh century, Islamhas influenced aspects of tribal culture and dispute resolution.16 At the same time, manyArab tribal customs were incorporated into Islamic teaching.17 Even where this did notoccur, the rule ‘al urf wal adah’ allowed for tribal customs to remain a legitimate sourceof law within Islam, as long as they do not contradict Shari’ah (Islamic) law.18Due to the relative poverty of the East Bank area, Jordan was not greatly influencedrelative to its resource-rich neighbours for many centuries. Even during the Ottomanperiod, whose land policies caused displacement among many Bedouin in the WANAregion, the Transjordan area was far from the centre of power or economic influence. Inthe absence of state security systems being established during this time, “tribal forms ofprotective social economic affiliation expressed through kinship [were] not limited tonomads; rather the tribes of Transjordan filled every economic niche forming acomplex web of integrative social alliance.”19 Thus, when the Transjordan Emirate wasformed in 1921 most of the population was still organised primarily along tribal lines.The tribe was people’s “principle frame of reference.”20In the early stages of Jordan’s statehood the new government recognised tribes as a basicadministrative unit for many purposes and encouraged tribal methods of disputeresolution to secure security, law and order.21 Over the following decades, while thepolitical, military and economic dominance of the state grew, tribal identity together withits ways of resolving disputes, was encouraged. For example, Bedouins were specificallyrecruited to fill the ranks of the military and security sectors, as well as prominentgovernment !!!!!!!!!!!!!!!!!!!!!15E Jabbour, Sulha Palestinian Traditional Peacemaking Process, (1993) 13., A Furr and M Al-Serhan,'Tribal Customary Law in Jordan' (2008) 4(2) South Carolina Journal of International Law and Business17, 17., K Blue Carroll, 'Tribal Law and Reconciliation' (2011) 65(1) Middle East Journal 11, 12.16A Kadayifci-Orellana, A standing on an Isthmus: Islamic Narratives on War and Peace in Palestine,(2007) 261-262.17A Al-Ramahi, Competing Rationalities: The Evolution of Arbitration in Commercial Disputes in ModernJordan, PhD, (2008) 75., S Kirazli, 'Conflict and Conflict Resolution in the pre-Islamic Arab Society'(2011) 50(1) Islamic Studies 25,18A Al-Ramahi, 'Sulh: A Crucial Part of Islamic Arbitration' (2008) 12/2008 LSE Law, Society andEconomy Working Papers 6.19M C Wilson, King Abdullah, Britain and the Making of Jordan, (1987) 57.20Y Alon, The Making of Jordan: Tribes, Colonialism and the Modern State, (2007) 13.21A Al-Ramahi, Competing Rationalities: The Evolution of Arbitration in Commercial Disputes in ModernJordan, PhD, (2008) 120. For more, see M A Nowar, The Development of Trans-Jordan 1929-1939: AHistory of the Hashemite Kingdom of Jordan, (2005) 111.
!5!In the 1950s-1960s, a combination of unusually severe weather conditions, targetedgovernment policies and services, and urban employment opportunities resulted in thesedentarisation of many Bedouin in the WANA region. By the late 1970s, it wasestimated that only 3 percent of the Bedouin population in Jordan lived nomadically.22Jureidini and McLaurin wrote in the early 1980s that in Jordan “tribal linkages can nolonger lay exclusive claim on tribe member’s allegiance for a steadily increasingnumber, tribal allegiance is either meaningless or peripheral to their lives and feelings.”23Political theorists during this time predicted the role of the tribe would wan almostcompletely away as the state provided more and more direct services.24 However, thisproved inaccurate. Moving to a sedentary lifestyle did not spell the end of tribalism.25While tribal allegiance may not hold first claim for many Jordanians today, it is certainlyneither meaningless nor peripheral to many. It is largely unknown to what degree peoplewho have come to Jordan from the Palestinian territories, Iraq and Syria have the sameunderstanding of tribe. Many of them certainly share a Bedouin history with the EastBank Jordanians; Bedouins historically lived in significant parts of modern day Jordan,Israel and the Palestinian territories, Egypt, Saudi Arabia, Yemen, Libya, Iraq, Kuwaitand Syria.26 There is anecdotal evidence that in some cases Jordanians of Palestinian andIraqi origins have adapted to the strong sense of tribalism in Jordan. For example, Muradstates that some large families have invested in a meeting location “in order toexaggerate their special influence and place themselves on equal footing — in power andinfluence — with the tribal constellations typical of the indigenous Jordanians.”27Regardless, it is clear that in several areas such as dispute resolution, elections andpatronage, tribal identity and loyalty remains very strong throughout Jordan.28 Part of thereason for its enduring strength is that Bedouin heritage was, and still is, stronglyconnected with ideas of national identity and national politics. It forms the basis forlegitimacy of the monarchy, which originally chose to rule indirectly through !!!!!!!!!!!!!!!!!22P Jureidini and R d McLaurin, Jordan: The impact of social change on the role of the tribes, (1984) 14.Ibid, p. 40.24E Gao, 'They're Here to Stay: Tribes and power in contemporary Jordan' in D Sindic, M Barreto and RCosta-Lopes (eds), Power and Identity (2015) Start Page, 54., P Jureidini and R d McLaurin, Jordan: Theimpact of social change on the role of the tribes, (1984) 14.25R Bocco, 'International organisations and the settlement of nomads in the Arab Middle East, 1950-1990'in M Mundy and B Musallam (eds), The Transformation of Nomadic Society in the Arab East (2000) StartPage, 214., R Antoun, 'Civil Society, Tribal Process, and Change in Jordan: An Anthropological View'(2000) 32 International Journal of Middle Eastern Studies 441, 446.26See G bin Muhammad, The Tribes of Jordan: At the Beginning of the Twenty-first Century, (1999) 9-12.for a recitation of the names and areas of influences of the tribes in Jordan its neighbours. See also,M HAbu-Hassan, Bedouin Customary Law, (1974)27N Murad, The Tribe and the Law, The Jordan Times, (Amman January 12, 2014), available athttp://jordantimes.com/the-tribe-and-the-law28E Gao, 'They're Here to Stay: Tribes and power in contemporary Jordan' in D Sindic, M Barreto and RCosta-Lopes (eds), Power and Identity (2015) Start Page, 56.23
!6!structures.29 The tradition begun by Abdullah I of maintaining a chieftaincy-like politicalsystem based on close personal relations, tribal identity, mediation, and conciliation hasnot changed dramatically.30 Ramahi, in describing the relationship between the tribes andJordan, notes “the legitimacy of tradition, considered almost synonymous with Bedouinor tribal culture, has been defended as part of the near sacrosanct foundations of the stateand as central to cultural heritage.”31Included in this ‘near sacrosanct foundation of the state’ are tribal principles and processof dispute resolution. This is apparent from traditional nomadic families to the highestlevels of state. For example, to this day male members of the royal family, and certainlymembers of Parliament, are involved in tribal dispute resolution processes. However,with the exception of so-called honour killing, there has been little discussion or researchabout the effects of this on access to justice for marginalised groups, such as women.2. Principles and processes central to tribal dispute resolution in the Arab worldThis section briefly describes eight related principles and processes that are central toArab tribal dispute resolution.32 Tribal processes seem to be primarily used today inJordan for violations against life, limb and honour. The first of these are referred to as‘blood crimes’ and criminal responses to violations of the first are known as ‘honourcrimes’.33 A mentioned, tribal principles and processes of dispute resolution are used inJordan not just by those living nomadically but also by many people of all socioeconomic backgrounds with tribal affiliations living in villages or cities like Amman.34None of these is exclusive to Jordan or to Muslims; they are also used in many otherparts of the WANA region, including by some Christians and Druze in the !!!!!!!!!!!!!!!!!!!!!!29Y Alon, The Making of Jordan: Tribes, Colonialism and the Modern State, (2007) 1. and Y Alon, 'TheTribal System in the Face of the State-formation Process: Mandatory Transjordan 1921-46' (2005) 37International Journal of Middle Eastern Studies 213.30Then his successor King Hussein kept close personal ties with Bedouin peoples, “visiting them often,socializing in their tents and playing the role of paramount tribal sheikh.” A Al-Ramahi, CompetingRationalities: The Evolution of Arbitration in Commercial Disputes in Modern Jordan, PhD, (2008) 121.King Abdullah II also spends considerable time visiting around the country and meeting tribal leaders.31Ibid.32Books could and have been written (primarily in Arabic) about each of these concepts. This summary isby no means a comprehensive description or explanation, but rather aims to provide a concise startingpoint.33Jordan: Tribal law, including whether it allows murder as revent; whether tribal law overrides the tp://www.ecoi.net/local link/256891/368860 en.html, A E-A Sonbol, Women of Jordan: Islam, Labor,and the Law, (2003) 48, 190. and A Furr and M Al-Serhan, 'Tribal Customary Law in Jordan' (2008) 4(2)South Carolina Journal of International Law and Business 17, 23.34R Antoun, 'Civil Society, Tribal Process, and Change in Jordan: An Anthropological View' (2000) 32International Journal of Middle Eastern Studies 441, 446.
!7!territories.35 As the literature on these processes in Jordan today is relatively sparse, thissection draws also on literature examining their practice in several other Arabcountries.362.1 AsabiyyaAsabiyya can be roughly translated as solidarity and is often used in the context of tribalor family collective responsibility. Ramahi describes asabiyya as “the fundamental basisof tribal society”, connecting every member of the tribe to each other in a reciprocalarrangement.37 It has also been explained as:a social code where the overriding necessity is that tribe or clan hold together and defendeach other in order merely to survive in the face of other foreign and marauding nomads, andin the face of severe desert conditions which make this survival impossible except through38the unity, co-operation and symbolic divisions of roles.This concept remains deeply embedded in Jordan today.Collective responsibility is central to the processes used to deal with a range ofconflicts.39 Although tribal networks are wide in Jordan, strong solidarity is expected, forexample in election voting, and also when blood or honour crimes occur.40 Oneexpression of tribal solidarity seems to be that when a member is loyal and supports histribe, he would expect that his tribe will in turn support and take responsibility for him,even when he offends. This is expressed in the Bedouin saying ‘aid your brother whetheroppressed or oppressor’.41 Or as Coulson puts it, it is “to the tribe as a whole thatindividuals owed allegiance and it was from the tribe that protection of interests wasobtained.”42 However, what used to be a rational principle necessary for daily survival inthe desert, today significantly hinders women’s access to justice, as will be furtherexplored !!!!!!!!!!!!!!!!!35D Pely, 'Women in Sulha - excluded yet influential' (2011) 22(1) International Journal of ConflictManagement 89, 89., A Kadayifci-Orellana, A standing on an Isthmus: Islamic Narratives on War andPeace in Palestine, (2007) 266.36As with any such dispute resolution system, its operation varies from place to place. However thissection focuses on the most central and common elements. ‘Aref al-‘Aref even contends that there is littledifference between the customs and dispute resolution systems of Bedouin in different Arab countries.Jurisprudence among the Bedouin (1933).37A Al-Ramahi, Competing Rationalities: The Evolution of Arbitration in Commercial Disputes in ModernJordan, PhD, (2008) 129.38G bin Muhammad, The Tribes of Jordan: At the Beginning of the Twenty-first Century, 22.39R Patai, The Kingdom of Jordan, (1957)40A Furr and M Al-Serhan, 'Tribal Customary Law in Jordan' (2008) 4(2) South Carolina Journal ofInternational Law and Business 17, 21. For more tribal influence in elections, see E Gao, 'They're Here toStay: Tribes and power in contemporary Jordan' in D Sindic, M Barreto and R Costa-Lopes (eds), Powerand Identity (2015) Start Page, 56-58.41G bin Muhammad, The Tribes of Jordan: At the Beginning of the Twenty-first Century, (1999) 23.42N J Coulson, A History of Islamic Law, (1964) 9.
!8!According to HRH Prince Ghazi bin Muhammad, whether someone with tribalaffiliations is living in a settled, semi-nomadic or nomadic way in Jordan, there is an“acute consciousness and pride” in belonging to a tribe and knowing the tribe will defendand support him if need be.43 He claims that this applies equally to “outwardly‘westernized’ individuals from old settled tribes [who in times of crisis] will fall back onmodes of behavior and considerations that are entirely tribal”.44 One example of this inpractise is if someone is killed by a person from by another tribe, unless a tribal disputeresolution process is commenced, someone from the victim’s tribe has the ‘right’ to killsomeone in retaliation from the perpetrator’s tribe.45 This is the case whether or not thesecond person killed was individually responsible for the initial death. To put it in legalterms, legal personality is defined as the collective, and there is mutual liability withinthis group, so when a man’s acts violate the rights of others outside his clan he is seen tobe acting as an agent, or extension of his clan.46According to one focus group member, this sense is still strong today, stating that onemight be living a ‘normal modern life’ in Amman and “you think you’re bigger than that.But when something happens, everyone will stand by their tribe.” This collectiveconception of rights sees the best interest of the tribe as taking priority over individualcases of injustice. This means individuals might be pressured not to take cases to courtthat are seen to not be in the best interests of the tribe or its reputation. It also means thetribe will support their member, whether the offender or not, even to the extent ofinfluencing court decisions.The strength of asabiyya in a tribe also shows its strength to others. So the reputation,size and associated power of the tribe (including the protection it extends to its members)one is affiliated with in Jordan influences who one can marry, where one can go touniversity or what quality of justice one receive.47 As expressed by Murad: “clout andsense of justice is clearly defined by tribal alliance and the level of that clout isdefined by the influence and size of the tribe.”482.2 SharafOne principle strongly related to asabiyya is sharaf. Sharaf means honour or socialstanding. Honour both in and beyond the Arab world has been written about !!!!!!!!!!!!!!!!!!!!!!43G bin Muhammad, The Tribes of Jordan: At the Beginning of the Twenty-first Century, (1999) 18.Ibid. He gives an example of a former minister and University Chancellor whose entre higher educationhad taken place in the West, who considered a blood feud when he thought his brother had been murdered.45A Furr and M Al-Serhan, 'Tribal Customary Law in Jordan' (2008) 4(2) South Carolina Journal ofInternational Law and Business 17, 24.46B Clinton, Bedouin Law from Sinai and Negev: Justice without government, (2009) 60.47Focusgroup48N Murad, The Tribe and the Law, The Jordan Times, (Amman January 12, 2014), available athttp://jordantimes.com/the-tribe-and-the-law. For more on the importance of tribe’s size, see B Clinton,Bedouin Law from Sinai and Negev: Justice without government, (2009) 69-70.44
!9!and this brief outline cannot capture all of the nuances of the ‘ideology of honour’.49However, Shrylock succinctly outlined its importance to all aspects of life in Jordan,saying “ideas of honor continually recreate a political culture in which families, tribes,and nation-states are answerable to the same kind of moral reasoning of male andfemale, controlling and controlled, [and] protecting and protected.”50Sharaf is connected with the whole tribe, as well as with individuals as members orrepresentatives of the tribe.51 According to Ozcelik, in relation to dispute resolution, it“is a flexible concept that can be used to legitimize feud and revenge as well asforgiveness, reconciliation, and mediation”52 Sharaf is increased and diminishedaccording to a range of factors. For example, in relation to dispute resolution, breakingan agreement reached following a dispute would greatly diminish sharaf. It is alsostrongly related to two other Bedouin values: offering hospitality (diyafa) and courage(hasama).53Sharaf, in the sense of social standing, is also strongly connected to the English conceptof reputation. Bailey argues that restoration of reputation is central to Bedouin view ofjustice. He posits that in traditional Bedouin society, law essentially means a right(haak), particularly to life, limb, honour and property.54 When a violation of such a rightoccurs, the victim must try to restore this – either through physical revenge or amediation-type process. However, as this law was developed in the absence of anygovernment authority able to protect people from or rectify these violations each man,aided by his clan, was responsible for this. This responsibility is discharged throughmaintaining several security strategies. One of the first strategies is deterrence, primarilythrough the principle of collective solidarity, but also through being known as strong andmaintaining a “reputation for being resolute in rectifying each and every infraction of hisrights.”55 If a group does not do this, they may be known as weak, and then become seenas easy prey in the !!!!!!!!!!!!!!!!!!49See, for example, S Hossain and L Welchmann (eds.), Honour: Crimes, Paradigms and ViolenceAgainst Women, (London 2005),50A Shryock, 'House Politics in Tribal Jordan: Reflections on Honor, Family and Nation in the HashemiteKingdom' in E Conte, P Dresch and L Valensi (eds), Tribu, Parentele et Etat en Pays d'Islam (2000) StartPage,51P C Salzman, 'The Middle East's Tribal DNA' (2008) 25(1) The Middle East Quarterly 23, 31., A E-ASonbol, Women of Jordan: Islam, Labor, and the Law, (2003) 45.52S Ozelik, 'Islamic/Middle Eastern Conflict Resolution for Inter-personal and Intergroup Conflicts:Wisata, Sulha and Third-Party' (2006) 3(12) Uluslararasi Iliskiler - International Relations 3, 12.53A Abu-Rabia, 'Family Honor Killings: Between Custom and State Law' (2011) 4(1) The OpenPsychology Journal 34, 34.54B Clinton, Bedouin Law from Sinai and Negev: Justice without government, (2009) 16.55Ibid, pp. 17-18.
!10!Bedouins express this idea of justice metaphorically with the image of a camel walkingthrough the desert carrying a load.56 If someone’s rights have been violated and not yetrectified, it is as if the camel’s load is unbalanced (which is the same adjective as‘violations of rights’) and it cannot continue, destined to die in the desert. Justice isachieved when the right has been rectified, thus restoring honour a
resolution systems are known by a variety of terms such as customary justice systems, traditional systems or non-state legal systems. 10 A E-A Sonbol, Women of Jordan: Islam, Labor, and the Law, (2003) 43. 11 A Furr and M Al-Serhan, 'Tribal Customary Law in Jordan' (2008) 4(2) South Carolina Journal of International Law and Business 17, 18.
Dispute Resolution: Options Dispute resolution procedures can be split intotwo categories. The first category isformal dispute resolution, primarilyinvolving court adjudication. The second category is a more informal option for parties andis labeledAlternativeDispute Resolution(ADR). Thiscategory includes negotiation, mediation and arbitration.
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Pepperdine Caruso Dispute Resolution Law Journal Since 2000, the Pepperdine Caruso Dispute Resolution LawJournal (DRU) has been committed to publishing articles that explore Alternative Dispute Resolution (ADR) under various contexts.With support from the Straus Institute for Dispute Resolution
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