Tribal customary law in contemporary Jordan : conciliation and security through Bedouin justice

Abstract

Customary legal practices work alongside, under the authority of, or in competition with modern state laws in many Middle Eastern countries. Often the form of legal pluralism adopted is largely tokenistic: customary law is used by dictators to bolster their regimes, or it fills a judicial vacuum in failing states. In Jordan, however, a sustained partnership has emerged between traditional tribal leaders (sheikhs) and institutions of the state, particularly regional governors and police. The government supports tribal practices because they provide stability, lend legitimacy to the monarchy and contribute to creating a pan-Jordanian identity. State officials support tribal justice because it is typically faster and more efficient than the state system. Ordinary citizens tend to trust the system because it is accessible, flexible and resolves their conflicts in a practical and workable manner. The thesis argues that every legal system gives priority to some legal principles over others. The tribal justice system focuses on minimising violence, protecting the reputation of participants, maintaining the honour of tribes and tribal leaders, providing accessible and timely justice and delivering outcomes that are mutually agreeable to the parties. Its success in keeping the peace comes, to some extent, at the expense of other legal principles such as individual accountability, an accused's right to be judged by an impartial decision-maker using rules that are clearly specified in advance, and opportunities to present evidence. Whether or not an outside observer might consider this trade-off appropriate, it is popular among Jordanians, seems to be effective and is supported by agencies of the state. This thesis examines 12 cases of tribal justice in Jordan representing the range of matters that come before tribal gatherings. These are supplemented by a number of cases from Gaza where the tribal law process is similar but cooperation with the state is more constrained. The thesis identifies the conditions that led to the current partnership between tribal and state law in Jordan and evaluates whether lessons from Jordan can be applied elsewhere. It finds that while the concept of partnership between state officials and traditional leaders may be relevant in other countries, the relative success of the arrangement in Jordan may be the result of fortuitous historical circumstances including a long period of relative stability - something most of Jordan's neighbours did not enjoy - plus a mutual dependence of the monarchy and the tribes on each other's support.

Date of Award	2021
Original language	English