التحكيم الشرعي في المجتمع الفلسطيني والتحكيم العشائري دراسة مقارنة في محافظة الخليل
Date
2011-06-08
Authors
محمد نجاتي عبد الحافظ الزعتري
Mohammed Najati Abdel-hafez Al-Zaatari
Journal Title
Journal ISSN
Volume Title
Publisher
AL-Quds University
جامعة القدس
جامعة القدس
Abstract
This study addresses both Sharia and Customary/Tribal Arbitrations in Hebron
Governorate at a time when people have completely overlooked Islamic rulings revealed
by God the Almighty.
The purpose of this study is to shed light on the concept of Arbitration، its resources and
the legitimacy of its application and practice based on texts from the Holy Quran, the
prophet’s Sunna- May God’s Peace and Prayer be Upon Him-, sayings and actions of the
prophet’s companions and rulings of Islamic Jurists may God be pleased with them.
The study adopts and follows the descriptive approach which includes analysis, induction
and inference out of relevant texts and referral to their sources along with their
documentation in accordance with the accredited scientific approach.
The study indicates that arbitration is based on reconciliation and settlement of disputes
among the people. This contributes to the preservation of the Sharia intentions and
purposes to impede bloodshed، maintain honor and solve family feuds and grudges
especially the case of arbitration between married couples at times of disagreement and
disparity.
The study aims to identify the extent of popularity and spread of both Sharia arbitration
and tribal arbitration among the citizens of the Palestinian society. It also seeks to identify
the motives and reasons why rival parties resort to it. The study, moreover, seeks to
determine the relationship of both types of arbitration with some variables at a time when
each party blindly favors his own opinion, strongly favors the view of his own to the extent
that each party only sees what it adheres to irrespective of what others say.
The study highlights the role of Sharia arbitration in bringing conflicts and differences to
an end between the different rivals, and in applying justice among the members of the
Palestinian society in an easy, smooth and integral manner.
Also the study concluded that the concepts of both types of arbitration in terms of
language، semantics and source of each along with the aspects of similarity and difference
between both.
Also the study concluded that the way to end differences and disputes by means of Sharia
Arbitration and Tribal Arbitration in crimes of bloodshed and honor as well as family
disputes. It tackles the types and sentences of murder، the different penalties on honor
crimes in addition to assault on honor whether it is characterized by approval or anger. It
also addresses the ruling of the coerced victim in light of both the Islamic Sharia and tribal
laws. It also highlights the wrong practices that violate Islamic Sharia and are observed by
some tribes and clans especially in cases of murder or honor. Most salient of which are retaliation acts، dismissal of innocent victims، assault on property by arson، plunder and
imposition of inappropriate sentences on the offender in the case of rape in clear day light.
Arbitration in family disputes is also tackled in light of Islamic Sharia and Tribal
Arbitrations. It addresses the meaning of “Recalcitrance” and the gradual standard
procedure in tackling the wife’s disobedience; moreover، the meaning of dispute and the
legitimacy of arbitration between the marriage opponents and the need to appoint two
arbitrators from the folks of both parties are discusses too. It also shows the wide meaning
of the word “folks” since it might signify “the family” in its narrowest meanings then the
clan followed by the tribe. The two arbitrators should be competent in solving differences
between the husband and the wife on one side and be reliable arbitrators in separating
between the couple subject to their approval on the other.
The questionnaire showed its analyses and outcome the most significant outcome is the
preference of Hebron governorate residents to resort to Sharia arbitration rather than to
tribal arbitration in solving disputes as an expression of their commitment to commands of
God’s Sharia. This is followed by the Conclusion, Results and Recommendations. and the
preservation of honor is only achieved when it is made impregnable; every girl has to
cherish her own honor since any unruliness and irresponsibility on her part would lead to
having a deep impact on her life; let us all observe God’s commands and teachings in our
girls and their families. In conclusion, the study strongly recommends that the arbitration
deed and the verdict be documented in writing in the presence of witnesses so that it would
be verified in accordance with the law.
Description
Keywords
الدراسات الاسلامية المعاصرة , Contemporary Islamic Studies