Bedouin tribes in Bir al-Sabe’ had possessions, businesses, livestock, land and strength in numbers. As is the case with social groups of human beings across time, conflicts are bound to arise. With the wisdom of preceding generations, bedouins had adopted basic means of conflict resolution and mediation to deal with disputes that required litigation, arbitration and settlements. Alongside religious rule, which prevailed in some cases despite the limited access to religious knowledge, Bedouin conventions proved to be a very effective means of settling disputes between tribes throughout history. Bedouin conventional trials resolved conflicts based on oral traditions and expertise passed down from generation to generation.

Under the Ottoman Empire, these governing councils operated in the absence of a formal court for the tribes. Under the British Mandate, these councils were formalized and trusted to be a more effective means of governing the bedouins compared to colonial court systems or the ottoman courts that governed according to Ottoman law inspired by Islamic law and influenced Turkish conventions.

On this, Sami Ben Jarad and Abu Freih Al-Toura said:

“As stated in the Palestinian constitution, the British governor ordered the high commissioner: “Establish separate courts for Bir al-Sabe’ and any other tribal areas as you deem appropriate. These courts are allowed to apply tribal traditions unless they are inconsistent with natural justice and morals.” Based on this order, a tribal court of 16 officers was formed that included members of Al-Tiaha, Al-Trabeen, Al-Azazmeh, Al-Hanajreh, and Al-Jbarat  tribes. In 1923, Sir Herbert Samuel, the British high commissioner, asked these members to take the following oath: “I swear by the Almighty God that I will well and truly do right to all manner of people without fear or favor, affection, or ill will.”

Below are Ben Jarad and al-Toura’s disruptions of the different sessions and personnel):

“Ahel al-dyar (property judges) deal with conflicts related to land, properties, borders, buying and selling, and foreclosure. These conflicts are the most complicated for Bedouins because they consider land to be equal to honor. Usually, these people are selected among landowners who own vast territories and are known for their honesty and broad knowledge concerning land, inheritance, and borders.

Ahel al-risan (lit. people of halters, meaning horse breeders) deal with issues related to purebred Arabian horses and their breeds. They write identification documents of blood and kinship for every horse and mare. Bedouins traditionally love horses and hold their breeds in high regard. What’s more, a conflict takes place if someone curses someone else’s horse or claims that it is not a purebred Arabian. Other disputes happen over the ownership of horses, their breeds, the selling, buying, or lending of a horse, and any harm that might have been done while the horse was lent to someone, especially if it was sold in violation of an agreement or a tradition.

Al-munashid (the implorer) pleads for innocence, the restitutions of honor, and taqtee’ al-wajh (lit. cutting a face), which refers to an attack by the offending party while the victim was protected by another tribe. Similarly, al-dakhaleh (intermediator) refers to the one who seeks protection of a criminal who has committed a crime or attacked a home, the latter being one of the most difficult cases if a girl has lost her honor because this could stigmatize an entire clan.

Daribiyye (taxation) and al-ziyood (surplus) judges deal with financial issues such as conflicts over the trade and theft of sheep and camels, or the feeding of a guest with another person’s sheep. This is usually solved by an agreement between the two parties with the interference of reputable tribe members. Here, someone who possesses money may relieve the thief by contributing a partial amount of money in hopes of being repaid once the thief is able to pay. Daribiyye and al-ziyood differ in terms of authority and sternness: daribiyye tend to be less judgmental and carry less authority than al-ziyood. Al-ziyood are deemed to be first-rate judges.

Manaqi’ al-dumoom (lit. blood drops) or qassasseen (evaluators) deal with cases of major crimes that involve the shedding of blood, such as injury, murder, and the payment of blood money. Bedouins require manaqi’ al-dumoom to be extremely pious and religious because of the importance of the cases they deal with. They are thus selected by consensus, unlike the other judges.”