Bedouin Systems Of Justice
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Bedouin Systems Of Justice
Systems of justice among the Bedouin are varied among the tribes. A number of these systems date from pre-Islamic times, and hence do not follow Sharia (Islamic religious law). Many of these systems are falling into disuse as more and more Bedouins follow the Sharia or national penal codes for dispensing justice. General principles Bedouin justice is dispensed based on the honor codes of the Bedouin— ''sharaf'' for men and ''ird'' for women.Patai, Raphael. ''The Arab Mind''. New York: Charles Scribner's Sons, 1973 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,Sons of Ishmael: A Study of the Egyptian Bedouin, by G.W. Murray, London: Routledge, 1935 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. Clos ...
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Common Ancestor
Common descent is a concept in evolutionary biology applicable when one species is the ancestor of two or more species later in time. All living beings are in fact descendants of a unique ancestor commonly referred to as the last universal common ancestor (LUCA) of all life on Earth, according to modern evolutionary biology. Common descent is an effect of speciation, in which multiple species derive from a single ancestral population. The more recent the ancestral population two species have in common, the more closely are they related. The most recent common ancestor of all currently living organisms is the last universal ancestor, which lived about 3.9 billion years ago. The two earliest pieces of evidence for life on Earth are graphite found to be biogenic in 3.7 billion-year-old metasedimentary rocks discovered in western Greenland and microbial mat fossils found in 3.48 billion-year-old sandstone discovered in Western Australia. All currently living organisms on Earth shar ...
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Bisha'a
Bisha'a or Bisha (; ordeal by fire, trial by fire or fire test) is a ritual practiced by Bedouin tribes of the Judean, Negev and Sinai deserts for the purpose of lie detection. It is also practiced, and is said to have originated among, some Bedouin tribes of Saudi Arabia. It is the best-known of various forms of trial by ordeal which are practiced by the Bedouin, which are now dying out. It is one of the rituals in the Bedouin justice dispensary system for maintaining Sharaf - the Bedouin honor code. Ritual The basic ritual consists of the accused being asked to lick a hot metal object (spoon, ladle, rod, etc.) thrice. He is provided with water for rinsing after the ceremony. He is then inspected by the official who presides over the ceremony - the ''Mubesha'' (or ''Mubasha'') and by the designated witnesses of the ritual. If the person undergoing the ritual is found to have a scarred or burnt tongue, it is concluded that he was lying. The Howeitat Bedouin call this ritual "the tr ...
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Trial By Ordeal
Trial by ordeal was an ancient judicial practice by which the guilt or innocence of the accused was determined by subjecting them to a painful, or at least an unpleasant, usually dangerous experience. In medieval Europe, like trial by combat, trial by ordeal, such as cruentation, was sometimes considered a "judgement of God" ( la, jūdicium Deī, ang, Godes dōm): a procedure based on the premise that God would help the innocent by performing a miracle on their behalf. The practice has much earlier roots, attested to as far back as the Code of Hammurabi and the Code of Ur-Nammu. In pre-modern society, the ordeal typically ranked along with the oath and witness accounts as the central means by which to reach a judicial verdict. Indeed, the term ''ordeal'', Old English ''ordǣl'', has the meaning of "judgment, verdict" (German ''Urteil'', Dutch ''oordeel''), from Proto-Germanic ''*uzdailiją'' "that which is dealt out". Priestly cooperation in trials by fire and water was forbidd ...
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Capital Punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender is to be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is ''condemned'' and is commonly referred to as being "on death row". Crimes that are punishable by death are known as ''capital crimes'', ''capital offences'', or ''capital felonies'', and vary depending on the jurisdiction, but commonly include serious crimes against the person, such as murder, mass murder, aggravated cases of rape (often including child sexual abuse), terrorism, aircraft hijacking, war crimes, crimes against h ...
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Felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon. Some common law countries and jurisdictions no longer classify crimes as felonies or misdemeanors and instead use other distinctions, such as by classifying serious crimes as indictable offences and less serious crimes as summary offences. In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by e ...
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Fine (penalty)
A fine or mulct (the latter synonym typically used in civil law) is a penalty of money that a court of law or other authority decides has to be paid as punishment for a crime or other offense. The amount of a fine can be determined case by case, but it is often announced in advance. The most usual use of the term is for financial punishments for the commission of crimes, especially minor crimes, or as the settlement of a claim. One common example of a fine is money paid for violations of traffic laws. Currently in English common law, relatively small fines are used either in place of or alongside community service orders for low-level criminal offences. Larger fines are also given independently or alongside shorter prison sentences when the judge or magistrate considers a considerable amount of retribution is necessary, but there is unlikely to be significant danger to the public. For instance, fraud is often punished by very large fines since fraudsters are typically ban ...
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Misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences. Typically, misdemeanors are punished with monetary fines or community service. Distinction between felonies and misdemeanors A misdemeanor is considered a crime of lesser seriousness, and a felony one of greater seriousness. The maximum punishment for a misdemeanor is less than that for a felony under the principle that the punishment should fit the crime. One standard for measurement is the degree to which a crime affects others or society. Measurements of the degree of seriousness of a crime have been developed. In the United States, the federal government generally considers a crime punishable with incarceration for not more than one ...
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Incarceration
Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessarily imply a place of confinement, with bolts and bars, but may be exercised by any use or display of force (such as placing one in handcuffs), lawfully or unlawfully, wherever displayed, even in the open street. People become prisoners, wherever they may be, by the mere word or touch of a duly authorized officer directed to that end. Usually, however, imprisonment is understood to imply an actual confinement in a jail or prison employed for the purpose according to the provisions of the law. Sometimes gender imbalances occur in imprisonment rates, with incarceration of males proportionately more likely than incarceration of females. History Africa Before colonisation, imprisonment was used in sub-Saharan Africa for pre-trial detention, ...
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Nomad
A nomad is a member of a community without fixed habitation who regularly moves to and from the same areas. Such groups include hunter-gatherers, pastoral nomads (owning livestock), tinkers and trader nomads. In the twentieth century, the population of nomadic pastoral tribes slowly decreased, reaching an estimated 30–40 million nomads in the world . Nomadic hunting and gathering—following seasonally available wild plants and game—is by far the oldest human subsistence method. Pastoralists raise herds of domesticated livestock, driving or accompanying them in patterns that normally avoid depleting pastures beyond their ability to recover. Nomadism is also a lifestyle adapted to infertile regions such as steppe, tundra, or desert, ice and sand, where mobility is the most efficient strategy for exploiting scarce resources. For example, many groups living in the tundra are reindeer herders and are semi-nomadic, following forage for their animals. Sometimes also described as ...
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Conflict Resolution
Conflict resolution is conceptualized as the methods and processes involved in facilitating the peaceful ending of conflict and retribution. Committed group members attempt to resolve group conflicts by actively communicating information about their conflicting motives or ideologies to the rest of group (e.g., intentions; reasons for holding certain beliefs) and by engaging in collective negotiation. Dimensions of resolution typically parallel the dimensions of conflict in the way the conflict is processed. Cognitive resolution is the way disputants understand and view the conflict, with beliefs, perspectives, understandings and attitudes. Emotional resolution is in the way disputants feel about a conflict, the emotional energy. Behavioral resolution is reflective of how the disputants act, their behavior. Ultimately a wide range of methods and procedures for addressing conflict exist, including negotiation, mediation, mediation-arbitration, diplomacy, and creative peacebuildi ...
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