Bedouin Systems of Justice - General Principles

General Principles

Bedouin justice is dispensed based on the honor codes 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. Jurists 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 nomads, 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.