Relevant bibliographies by topics / Law, Bedouin

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters

Academic literature on the topic 'Law, Bedouin'

Author: Grafiati
Published: 4 June 2021
Last updated: 21 February 2023

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Journal articles on the topic "Law, Bedouin"

1

Palva, Heikki, and Frank Henderson Stewart. "Texts in Sinai Bedouin Law." Journal of the American Oriental Society 112, no. 3 (July 1992): 524. http://dx.doi.org/10.2307/603114.

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Morad, Mohammed, Shifra Shvarts, Joav Merrick, and Jeffrey Borkan. "The Influence of Israel Health Insurance Law on the Negev Bedouin Population — A Survey Study." Scientific World JOURNAL 6 (2006): 81–95. http://dx.doi.org/10.1100/tsw.2006.06.

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The extension of universal health service insurance to national populations is a relatively new phenomenon. Since 1995, the Israeli National Health Insurance Law (NHIL) has provided universal health services to every resident, but the effect of this law on health and health services among minorities has not been examined sufficiently. The goals of this study were to track some of the first changes engendered by the NHIL among the Negev Bedouin Arabs to examine the effects of universal health care services. Methods included analysis of historical and health policy documents, three field appraisals of health care services (1994, 1995, 1999), a region-wide interview survey of Negev Bedouins (1997), and key informant interviews. For the interview survey, a sample of 515 households was chosen from different Bedouin localities representing major sedentarization stages. Results showed that prior to the NHIL, a substantial proportion of the Negev Bedouins were uninsured with limited, locally available health service. Since 1995, health services, particularly primary care clinics and health manpower, have dramatically expanded. The initial expansion appears to have been a marketing ploy, but real improvements have occurred. There was a high level of health service utilization among the Bedouins in the Negev, especially private medical services, hospitals, and night ambulatory medical services. The NHIL brought change to the structure of health services in Israel, namely the institution of a national health system based on proportional allocation of resources (based on size and age) and open competition in the provision of quality health care. The expansion of the pool of potential members engendered by the new universal coverage had profound effects on the Health Funds' attitudes towards Negev Bedouins. In addition, real consumer choice was introduced for the first time. Although all the health care needs of this rapidly growing population have yet to be met fully, the assurances under the Law and the new level of competition promise a higher level of service in the future.
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Yusman, Yusman. "Pidana Adat Baduy dalam Perspektif Pembaharuan Hukum Pidana Nasional." Rechtsregel : Jurnal Ilmu Hukum 4, no. 2 (December 2, 2021): 178. http://dx.doi.org/10.32493/rjih.v4i2.16149.

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The renewal of the National Criminal Law is a discourse that has long been held by the Indonesian people. The Criminal Code (KUHP) is considered no longer able to fully accommodate legal interests in the era of globalization. The Criminal Code is actually a memento from the colonial period, where the criminal code was adopted from the criminal law system of the Dutch colonial nation. One of the things discussed in the discourse and travel or criminal law reform process is the accommodation of customary law in the draft revision of the KUHP law (RUU KUHP). This research makes the Bedouin customs as the object of study. The selection of the Bedouin community itself is because the Bedouin has its own customary criminal code and is the closest indigenous tribe to the capital city. The Baduy are a strong indigenous tribe who defend their customs from the influence of modernization. Then on the existence of such facts, the question arises how is the existence of Bedouin customary law in the discussion of national criminal law reform, these questions will be answered in this study using qualitative methods that will produce descriptive data.
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Kressel, Gideon M. "Ḥaqq Akhu Manshad: Major and Minor Wrongs and Specialized Judges Among the Negev Bedouin." International Journal of Middle East Studies 25, no. 1 (February 1993): 17–31. http://dx.doi.org/10.1017/s0020743800058025.

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In several Middle Eastern countries, bedouin law, which exists only in an oral tradition, is today applied alongsidethe increasingly used shariʿa and civil law. Jurisdiction among these three judicial systems is compartmentalized, but sometimes categorizing of individual cases is difficult. Bedouin law also differs considerably from one region to another. The bedouin in this study belong to the ʿArab alʿAzazme, the tribe that inhabits the area stretching from Beer-Sheba (Israel) southward. My acquaintance with the southern tribes in the Sde Boqer vicinity dates from 1980. I recorded the first case in 1982, and the second, which helped me substantiate the first, in autumn 1987.
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Stewart, Frank H. "Schuld and Haftung in Bedouin Law." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung 107, no. 1 (August 1, 1990): 393–407. http://dx.doi.org/10.7767/zrgga.1990.107.1.393.

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Al-Krenawi, Alean, and John R. Graham. "Somatization Among Bedouin-Arab Women." Journal of Divorce & Remarriage 42, no. 1-2 (December 9, 2004): 131–43. http://dx.doi.org/10.1300/j087v42n01_06.

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Nyhan, Emma. "Translating global indigeneity into the Bedouin vernacular." Transnational Legal Theory 12, no. 3 (July 3, 2021): 415–41. http://dx.doi.org/10.1080/20414005.2021.2008730.

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Ben-Asher, Smadar, and Chaya Gershuni. "Becoming a Bride: Traditional Societies Coping with the Transition from Taboo on Sexuality to Family Life Among Bedouin Arabs and Haredi Jews." Journal of Comparative Family Studies 53, no. 1 (March 1, 2022): 131–52. http://dx.doi.org/10.3138/jcfs-2022-0003.

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Traditional societies in a modern setting regulate marriage and supervise sexual behaviour to guarantee survival of the traditional family structure. The taboo on sexuality prevents young people from obtaining reliable information on intimate relations between men and women before and after marriage. This study examines how two collectivist traditional communities, Bedouin Arabs and ultra-Orthodox (Haredi) Jews, work through social, formal, and informal mechanisms to prepare young women for marriage. The findings show that while in the ultra-Orthodox community there is organized instruction encompassing Jewish law and behavioural norms and mental and emotional preparation for marriage, in Bedouin society such instruction is random, with the exception of one private instructor. While the ultra-Orthodox women describe this preparation as valuable and meaningful to them, the lack of social institutionalization of bride instruction leaves the Bedouin women at a disadvantage and preserves a patriarchal structure that harms her intimate rights and status in the family.
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Amara, Ahmad. "Civilizational Exceptions: Ottoman Law and Governance in Late Ottoman Palestine." Law and History Review 36, no. 4 (November 2018): 915–41. http://dx.doi.org/10.1017/s0738248018000342.

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AbstractThis article examines the Ottoman extension of rule and jurisdiction to the Beersheba frontier of southern Palestine. As part of itsTanzimatreform policies, the Ottoman administration founded the new town and sub-district of Beersheba in 1900, and sought to implement a legal reform. Deviating from the formal law that requires the founding of a civil-nizamiye court, the Ottoman instituted a form of legal exception and authorized the local administrative council to sit as a judicial forum and for its Bedouin Shaykh members to serve as judges. Studies of Ottoman Beersheba have typically focused on Bedouin autonomy and tribal law. The few studies that discussed the judicial order, have mistakenly assumed the Ottoman institution of a “tribal court,” and its persistence thereafter. Interestingly, what began as a simple grant of legal exception, justified by civilizational discourses of ignorance and savagery, grew into a judicial complexity. Very soon jurisdictional tensions arose, integrating questions across various webs of legal orders, jurisdictions, and political networks that shaped the reform in Beersheba and beyond. In following various legal disputes from Beersheba to Gaza, Jerusalem, and Istanbul, the article challenges some of the prevailing research categories, dichotomies, and approaches in the study of Ottoman legal history and tribal societies, including the concept of ‘legal pluralism.’
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Murthy, Sharmila L., Mark Williams, and Elisha Baskin. "The Human Right to Water in Israel: A Case Study of the Unrecognised Bedouin Villages in the Negev." Israel Law Review 46, no. 1 (March 2013): 25–59. http://dx.doi.org/10.1017/s0021223712000283.

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In the case 9535/06 Abadallah Abu Massad and Others v Water Commissioner and Israel Lands Administration (2011), the Israeli Supreme Court ruled that the right to water deserves constitutional protection under Israel's Basic Law: Human Dignity and Freedom. The Court also found support for the right to water under both international human rights law and Israeli statutory law. At the same time, the Court held that the right to water is not absolute but must be balanced against the rights of the state. The case was brought by residents of unrecognised Bedouin villages in the Negev, a desert region in southern Israel, who do not have access to household water. The Court found that in exercising its discretion regarding additional water access points, the Israeli Water Authority could consider the ‘illegal’ nature of these villages. Applying the criteria of reasonableness and proportionality, the Court ultimately affirmed the Israeli Water Authority's policy in unrecognised villages in the Negev. Despite this administrative deference, the invocation of constitutional and international human rights law raises the level of scrutiny that should be applied to a review of the Israeli Water Authority's exercise of discretion. The Court's opinion is coloured and influenced by long-standing land disputes between the indigenous Bedouin population and the State of Israel. Drawing on empirical research conducted in December 2011, the analysis attempts to place the Abu Massad decision in its proper historical and political context. The dispute over land in the Negev can be traced back to the days of the Ottoman Empire. More recent efforts by the Israeli government as set out in the Goldberg Report and the Prawer Plan, and the international community's response to these efforts, are discussed. In light of the history and current political context, it may be prudent for the Israeli Water Authority to re-assess the effectiveness of its existing water policy in unrecognised Bedouin villages in the Negev.
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Dissertations / Theses on the topic "Law, Bedouin"

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Kram, Noa. "Clashes over recognition| The struggle of indigenous Bedouins for land ownership rights under Israeli law." Thesis, California Institute of Integral Studies, 2013. http://pqdtopen.proquest.com/#viewpdf?dispub=3560747.

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This dissertation examines indigenous Arab Bedouin legal struggles for land ownership in the Negev area in Israel. Since the establishment of the State of Israel, the question of land ownership has been central to relations between Negev Bedouins and the state. The courts have rejected Bedouin claims for land ownership, declaring Negev lands as belonging to the state.

This study examined the historical Bedouin connection to land in the Negev, with emphasis on the evolution of customary practices of land ownership from the second half of the 19th century until the second half of the 20th century. The validity of Bedouin law in present Bedouin society is considered, as well as the meanings of land for Bedouin land claimants. In addition, clashes between Negev Bedouin law and Israeli law are considered in defining land ownership rights in the Israeli court.

Located in the discipline of anthropology, the theoretical frames for this study are indigenous people studies and postcolonial theories. The methodologies are participatory research and ethnography. Data sources included interviews with 15 Bedouin land claimants and 3 former Israeli officials, 9 visits to Bedouin villages, observations of 5 academic events regarding the land dispute, and primary documents from various state archives. In addition, a case study was conducted of one litigated land dispute between Bedouin land claimants and Israeli authorities.

In contrast to the traditional representations of the Bedouins as "rootless nomads," the results of this study indicate a strong connection of Bedouin participants to land in the Negev. The findings suggest that Bedouin society in the Negev includes practices of land ownership, and that their customary land ownership is valid in present Bedouin society. The legal conflict reflects clashes between Israeli legal practices and Bedouin indigenous oral practices, and has also been shaped by the national conflict between Israel as a Jewish state and the Bedouins as part of the Arab Palestinian minority.

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Hamadneh, Shereen. "The impact of implementing a sudden infant death syndrome education package in Jordan." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2014. https://ro.ecu.edu.au/theses/1086.

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Background: Sudden Infant Death Syndrome (SIDS) is a problem worldwide. In North Jordan, SIDS rate was high as 1.32 per 1,000 live births and contributed 6% to the infant mortality rate (Bataineh, Shawagfeh, & Twalbeh, 2008). However, SIDS risk factors are preventable and can be reduced by improving knowledge and changing relevant behaviours of parents and healthcare providers (American Academy of Pediatrics, 2013; American SIDS Institute, 2011; Bataineh, Hussein Shawagfeh, & Twalbeh, 2008; Bredemeyer, 2004; Grazel, Phalen, & Polomano, 2010b; Moon, Oden, & Grady, 2004; NICHD, 2010). Still educating Jordanians about SIDS has not been a national health policy priority. Currently, Jordanians demonstrate infant care practices that increase the risk of SIDS, such as side sleep position and excessive bedding and clothing being the most common practices. Commonly, home environments also are not SIDS safe because of smoking and poor ventilation. Healthcare providers can assume the role of information provider and change agent by working with mothers, families and the community to change practices. Aims: This study aimed to determine whether a hospital-based SIDS education intervention program, relevant to Jordanian settings, would encourage Jordanian neonatal healthcare providers to revise parent education and training practices regarding SIDS prevention. The long-term goal was to reduce the incidence of SIDS by influencing Jordanian lifestyles and infant care practices. Methods: This mixed method intervention study included both quantitative and qualitative data collection methods and was conducted at a major education hospital in Jordan, King Abdullah University Hospital (KAUH), over three phases. Phase-1 used two main surveys, an observation-survey explored baseline data on SIDS-safe sleeping positioning practices using an audit of sleeping positions of healthy and medically stable infants in open cots in the neonatal units. The questionnaire-survey explored baseline data on available SIDS teaching resources and staff knowledge and their parental/family instruction regarding SIDS and relevant prevention practices. Phase-2 investigated the development, implementation, and impact of a Jordanian SIDS Infant Education Package (JSEP) among a sample of neonatal healthcare providers at the hospital using the same tools as in the pre intervention phase. This phase examined the impact the JSEP on neonatal healthcare provider SIDS-knowledge, access to appropriate SIDS resources, SIDS-safe sleeping positioning practices in the neonatal units at KAUH. Phase-3 used focus groups of the JSEP participants to explore participants’ experience in undertaking the JSEP. Results: Phase-1 revealed that high proportion (47%) of a total of 403 infant positioning observations; infants were placed in a high SIDS risk sleeping position. In addition, 33% of a total 231 neonatal healthcare providers who completed the questionnaire-survey had never accessed information or resources for SIDS at baseline. Moreover, 40% of the 231 neonatal healthcare providers who completed the questionnaire-survey did not have any knowledge about national SIDS prevention guidelines released by the American Academy of Paediatrics. In addition, the neonatal healthcare providers had not played an active role in the education of parents and families in Jordan regarding SIDS prevention practices. Only 21% of neonatal healthcare providers sometimes provided SIDS information to parents and families and another 33% rarely advised them. The questionnaire-survey discovered that most advice provided for parents and families regarding infant sleep care practices were inappropriate and, in fact, could heighten the risk of SIDS. The JSEP in phase-2 resulted in significant improvement in infant positioning practices at KAUH. The proportion of infants who were placed in a high SIDS risk sleeping position decreased to only 21% of the total post-intervention infant positioning observations (N=400), and this change was statistically significant (Chi-square= 40.777; df= 1; p Conclusions: The SIDS education program targeted at neonatal healthcare providers within the Jordanian context was effective in improving staff knowledge, practices and preparedness to instigate parental/family education. Healthcare providers were identified as an effective education and training group for community health promotion. However, challenges were identified in achieving this goal, including overwork, time limitations, staff shortages, and hospitalisation policies, as well as resistance from Jordanian families to adopting SIDS-safe infant sleep care or having a SIDS-safe home environment. Recommendations: SIDS education programs for health care providers need to be extended, with continued research and evaluation on the effectiveness of specific initiatives in Middle Eastern countries. Further research is needed to explore the incidence of SIDS, SIDS risk factors and associated cultural issues. Furthermore, research need to targeted potentially high risk groups such as refugees, rural and remote residents, and Bedouin families living in isolated regions of Jordan.
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Emad, Munzer. "Tribal customary law in contemporary Jordan : conciliation and security through Bedouin justice." Thesis, 2021. http://hdl.handle.net/1959.7/uws:68477.

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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.
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Books on the topic "Law, Bedouin"

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Jūdī, Ṣāliḥ ibn Ghāzī. Maḍāmīn al-qaḍāʾ al-badawī qabla al-ʻahd al-Saʻūdī. [Taif]: Nādī al-Ṭāʾif al-Adabī, 1991.

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Bar-Zvi, Sasson. Masoret ha-shipuṭ shel Bedṿe ha-Negev: ʻiyunim mevusasim ʻal magaʻim ʻim ziḳne ha-Bedṿim. [Tel Aviv]: Miśrad ha-biṭaḥon, 1991.

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Ḥassān, Muḥammad Abū. al- Qadāʾ al-ʻashāʾirī fī al-Urdun. ʻAmmān: Lajnat Tārīkh al-Urdun, 1993.

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Ḥassān, Muḥammad Abū. Turāth al-badw al-qaḍāʼī: Naẓarīyan wa-ʻamalīyan. 2nd ed. ʻAmmān: Dāʼirat al-Thaqāfah wa-al-Funūn, 1987.

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Turāth al-badw al-qaḍāʼī: Naẓarīyan wa-ʻamalīyan. 3rd ed. ʻAmmān: Wizārat al-Thaqāfah, 2005.

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Ḥassān, Muḥammad Abū. al-Qadāʼ al-ʻashāʼirī fī al-Urdun. ʻAmmān: Lajnat Tārīkh al-Urdun, 1993.

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Bedouin bisha' justice: Ordeal by fire. Portland, Or: Sussex Academic Press, 2009.

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Bedouin law from Sinai and the Negev: Justice without government. New Haven: Yale University Press, 2009.

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Ḥulw, Kamāl ʻAbd Allāh. Customary law in Northern Sinai. [North Sinai, Egypt]: Committee for the Preservation of North Sinai, Cultural Heritage, 1989.

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ʻUzayzī, Rūkus ibn Zāʼid. Anẓimat al-bādiyah wa-ḥuqūqihā. [Beirut]: Dār al-Ḥamrāʼ, 1990.

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Book chapters on the topic "Law, Bedouin"

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Cochran, Judith. "The Egyptians—Ages of Cultivation—The FellfeLlah—Physiognomy Unchanged—How He Lives, Eats And Dresses—The Copts-Love of Finery—The Bedouins—A Fellfel>Lah At Home—His Hut And Surroundings—To-Day'S Improved Conditions—Egyptian Women—Little Expended Upon Dress—Child-Life And Mortality—Education Among Women—Girls And Their Schooling—The Muhammedan Attitude Towards Females." In Routledge Library Editions: Egypt, Vol6:104—Vol6:114. London: Routledge, 2021. http://dx.doi.org/10.4324/9780203079140-71.

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"Introduction: What Is Bedouin Law?" In Bedouin Law from Sinai and the Negev, 1–8. Yale University Press, 2017. http://dx.doi.org/10.12987/9780300153255-003.

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Kedar, Alexandre, Ahmad Amara, and Oren Yiftachel. "Formulating the Dead Negev Doctrine During the Israeli Period." In Emptied Lands. Stanford University Press, 2018. http://dx.doi.org/10.11126/stanford/9781503603585.003.0005.

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Formulating the Dead Negev Doctrine During the Israeli Period Chapter abstract: This chapter focuses on the history and impact of the Dead Negev Doctrine—the legal doctrine utilized by the Israeli government and judiciary to dispossess Bedouin Arab communities of their lands. The chapter begins with the land claims lodged by the Bedouins in the early 1970’s and the special governmental committee established in response in 1975 (headed by Pliah Albeck of the State Attorney Office, the mastermind behind the DND). The chapter shows how the DND manipulated Ottoman and British law to determine that all Bedouin lands in the Negev should be classified as mewat and thus “state land,” and how it defined the Bedouin claimants as trespassers on their own lands. First adopted by the Israeli Supreme Court in 1984 in the al-Hawashlah precedent, and applied to hundreds of cases since, the doctrine has led to major evictions, crops’ demolitions, and house demolitions by the Israeli state.
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"Glossary of Bedouin Legal Terms." In Bedouin Law from Sinai and the Negev, 339–58. Yale University Press, 2017. http://dx.doi.org/10.12987/9780300153255-012.

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Bailey, Clinton. "Desert Laws." In Bedouin Culture in the Bible, 107–38. Yale University Press, 2018. http://dx.doi.org/10.12987/yale/9780300121827.003.0005.

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To compensate for the traditional lack of centralized authority in the desert, Bedouin society developed a conventionalized legal system that included an individual’s right to use private might to deter and rectify violations perpetrated against him or his clan, whether homicide, the violation of women, or many lesser offenses. In keeping with the biblical portrayal of the earliest Israelites as desert-dwelling nomads, some of the laws ascribed to them are consistent with those of the nomadic Bedouin. This chapter identifies these laws, which mainly reflect the same absence of governmental law enforcement that always obliged Middle Eastern nomads to fend for themselves. To further appreciate the similarities between Bedouin and biblical law, this chapter explores the rationale and workings of the institutions of vengeance, the protection of the weak, and the peaceful resolution of conflict.
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"Index of Bedouin Tribal Confederations and Persons." In Bedouin Law from Sinai and the Negev, 369–71. Yale University Press, 2017. http://dx.doi.org/10.12987/9780300153255-014.

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"Afterword: A Major Human Achievement." In Bedouin Law from Sinai and the Negev, 299–302. Yale University Press, 2017. http://dx.doi.org/10.12987/9780300153255-010.

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"Notes on the Arabic Text." In Bedouin Law from Sinai and the Negev, xii—xv. Yale University Press, 2017. http://dx.doi.org/10.12987/9780300153255-002.

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"5. The Role of Litigation in Achieving Justice." In Bedouin Law from Sinai and the Negev, 158–230. Yale University Press, 2017. http://dx.doi.org/10.12987/9780300153255-008.

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"General Index." In Bedouin Law from Sinai and the Negev, 372–79. Yale University Press, 2017. http://dx.doi.org/10.12987/9780300153255-015.

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