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الثلاثاء، 27 سبتمبر 2011

The people of Bedouin in the Sinai

Intended custom tribal, is the set of traditions, regulations and provisions governing the tribal society, and taken by virtue of habit, and over time a framework is mandatory for members of this community, and became the legally socially governing the relationship of tribes and clans and families from each other, with the aim of the administration of justice and the adoption of social peace between two or more tribes still living nomadic phase and has no central government do the job.
 
And Ibn Khaldun in this context, "The Arabs are the most desert life of other nations Bedouin of the Bdautem the grazing camels only, as they are the most difficult of the United Ankieda for each other, the crude brutality meets desires, this is not surprising to see one of the means of achieving justice among the Bedouin of Sinai and the media very primitive, some linked to the environment and others are linked to some Arab customs.. This leads us to try to know the roots of which are derived from tribal custom among the Bedouins of the Sinai assets and provisions

There are two basic tributaries drew their tribal custom of the Sinai Bedouins of its articles and provisions. The most important of these Rivers is a "custom or law, the old Arab," one of the oldest laws in the world, but it forms the basis for the suit with the nature of the Arab peoples nomadic, and in which a tribe or clan or family the basic unit to build community, and this was based on legal liability according to this system first on the ancient Arab tribe and the clan and finally on the family, but they were not based on legal responsibility of the individual. The justification for this is quite clear, given the distances, the expansion of space you live in tribes in the Arabian Peninsula, and transmit the permanent search of pasture, all this makes it impossible to arrest the perpetrator of the crime or dealing with him. For example, if the abused member of the tribe to a member of another tribe, the dealing in this case is with the tribe of the victim and not with the individual who made ​​the assault.

And confirms a Jewish historians that the laws which were formulated in 1500 BC. M relied heavily on those laws the ancient Arab, which was summed up to Moses, peace be upon him, one of the elders of the powerful tribes of the debtor, an urban Witherow.
 
Arrived in Arab law the old (traditional tribal old) to the residents of the Sinai Peninsula by Arab migrations old Khgrat "Canaanites" and "debtors", who stretched their movements on the west coast of the Gulf of Aqaba until the Isthmus of Suez. As well as the migration of so-called Western writers have called "Ismailis ", and they originated in the northern tribes of the Hijaz, and around Mecca. The movement of Arab migration to the Sinai since the second millennium BC, and even the period of Islamic expansion, then it is then just through the passage of the Arab tribes for a long time. But it was soon resorted to by some tribes during the Ottoman period

 .In any case, the law was the most important tributary of the old Arab custom gleaned from the tribal Bedouins of Sinai and the provisions of its articles. Upload, where this tributary with the traditions and customs of nomadic Arab tribes and ethics. This is quite clear in the tribal customs of the Bedouins of Sinai, which are quite similar with the Arab tribal customs in general, where the Bedouins of Sinai did not occur to these norms fundamental changes due to similarity of environmental conditions in the Sinai with its counterpart in the Arabian Peninsula.
 
The second stream of the tributaries of the tribal custom among the Bedouins of the Sinai, is a tributary of the Muslim, who came to Sinai as a result of the expansion phase and the migration of some of the Islamic Arab tribes that bore the banner of Islam and to its stability in some parts of the Sinai

The two Alravedan of the most important tributaries, which was derived from the tribal custom of its articles and provisions. Will be clear to us how important these two Rivers in the formulation and the formation of this custom I have a Sinai Bedouin

Divided into stages of litigation when the Bedouins of Sinai to three degrees for each degree of the judge. The judge serves as the first (lower court), and a second judge (Court of Appeal), and a third judge (Court of Cassation). To reach the stage of Cassation (third judge), requires that a judge ruled the first judge's ruling is contrary to the second, but if agreed the first and the second one ruling, the case shall not lift up to the third judge.
 
There is no doubt that the presence of three judges and three stages of litigation, means that there the idea of ​​trying to reach a verdict fair as possible. This positive aspects that characterize the system of litigation in the Sinai Bedouin

After the agreement the parties to the proceedings to the judges, appointed by the defendant "sponsor Wafa" any guarantor guarantor meets the right governing of the judge, as well as the Prosecutor shall appoint a person had his own so-called "sponsor warmed" any sponsor to guarantee fulfillment of what may lie with the plaintiff and the defense for when the plaintiff him during the trial, and stipulated that the guarantor or sponsor honesty and loyalty. The sincere person is loyal not ask him to sponsor and guarantor of, but secured by nomads on their money without a witness.
 
The fee litigation was paid to the judge in advance by both parties plaintiff and defendant, and you know these charges when the Bedouins of Sinai to "Alrozkh" and lose the case by paying the value of Alrozkh, which vary depending on the importance of the case, the "sheep" to eight the beauty, and most are taken the issues of women and cut the face

The certificate is sufficient in the eyes of the tribes of Sinai single witness to prove the case, but only if the integrity and good morals. However, accept the certificate of the thief on the thief, and the testimony of a woman and the boy's testimony of adult men. To see taxi granted him by the student prior to the performance of the certificate and know the taxi "Balakal" (collection of eating is concerned with the fruit), which in cases of camels up to five "Pinto, and if it resulted in the witness's testimony to charge a thief gained four pounds for each camel proved his testimony that the thief stole. If the number of beauty often be agreed upon on the amount of payment in advance, and the authority of the Bedouin in the that is, a witness who receives wages for his testimony to be more accurate in the performance of his testimony, those who do not receive the reward, because he knows that every word scrutinized carefully before acceptance.
 
There is no doubt that this system in the discharge certificate by the great imbalance, which lends itself to influence the witnesses during the temptation of money, which affects the course of justice. The method of questioning a witness is rarely the refutation of his statements through interrogation techniques that rely on the intelligence of the judge and prosecutor discount

It was the witness to swear oath testimony before the performance of his testimony and the types of alliance that is acceptable to the Sinai Bedouin four types:
I:
(Called the plan, and religion) and the plan is to draw a circle on the ground with a sword, and sits in the middle of the witness, and swear by six words beginning and end, and then utter the testimony of the alliance and particularly the important issues and issues of camels

The second type:
NATO is "the alliance head," that the defendant put his hand on top of the defendant, and mention God's name three times before performing the certificate.
The third type:
Is the "alliance belt," a defendant to put his hand in a belt (center), the defendant, and swear to God three times to say that the lead right before his testimony

 The fourth type:
Is the "NATO-stick", and this alliance is when the storyteller, takes the witness branch of a tree (promises) in his hand and says, "and the life of the lute and the Lord's idol is Okhaddrh Oabsa and I saw as well.
There is another kind of alliance
An alliance to "divorce three times," and this alliance as he put it much respected by the Bedouin, it is not often resorted to, where the witness says three times, "my wife divorced," and then lead the certificate, gave false testimony if the divorce

While the Bedouin of Sinai to accept the right of the witness and his testimony, but they nevertheless do not accept the right of the accused in the case of the crimes mentioned, which do not witness it. They're at it do not walk on the maxim "right on the denied, and the evidence on the alleged", and prefer to perform the right weather primitive past, they have known "Balbhah", and perhaps reason for this, as there is a Bedouin who can cause false testimony, even though his right and his alliance with God. The issues or the denial of crimes that do not have witnesses, do not resort to the Bedouins of Sinai "right" as we said, but turn to judge heinous or Alambha, who tests the accused either fire or water or the vision and dream.

 The test fire are by warm ugly vase copper as "a bowl of coffee," and sometimes a spoon food on the embers of coal, and after that up to the point of warm-up show her Alambha of two witnesses and then wipe his hands three times, and then deals with the accused, areas along or spoon heated, and lick with his tongue three times, then wash the tongue with water and show him the two witnesses if there is the impact of fire on his tongue, was sentenced Alambha the case for his opponent, and his only rule.
 
They believe that if the accused was guilty of dried saliva of fear and terror, and influenced the fire in his tongue, and vice versa if innocent. The choice with water, weather is strange, because it takes Alambha of copper pitcher filled with water, and makes the audience along with the accused in his throat, and then proceed with the incantations of the vessel Vihrk vessel for him if he is guilty, standing at Alambha if innocent

 Test is a dream and vision, not surprisingly, at least from its predecessors where the Alambha think of the accused, and then sleeps for the offender appears to him in a dream!, And wake up when sentenced. On the basis of the results of tests and ugly Alambha governance depends on the accused, and acquitted the accused student if a great honor refund of up to one hundred pounds, while Alambha paid five pounds. There is nothing in the Sinai and Palestine Mbasha only one of the two regions, one of the tribe Yaadh, and inherited this profession from his ancestors, which is taken from Ben Amer Ayad.
 
There is no doubt that the judges Alambha of the most vulnerable among the Bedouins of the Sinai of criticism among the customary system, as it depends on the means of its provisions can not achieve justice in any case, it is a kind of sorcery and magic of a legacy of the primitive stage of society the old Arab

  The justice system is customary among the Bedouins of the Sinai specialization of judges, where they have judges for each type of issues. This specialization gives judges experience in their respective fields. They are drawn from the properties of Bedouin men, where the rule, including custom and habit, which dragged it since centuries.
 
There are "senior Arab" or "men of peace", and those flying them important questions that can not be solved only by making peace to the lack of witnesses in or the magnitude of what may result in damage and risk, if not avoid her as issues of murder, war and peace, and infringement on the show and money , and is usually elected from among the elders, and elders who Pedém the reins, and they stop the peace and public security in the peninsula

And often occur serious incidents in Sinai necessitate the intervention of senior men of peace to resolve conflicts that could lead to serious consequences, and it often is the intervention of the Egyptian government, especially as these conflicts were lead to the wars of the tribes and chaos, order and security in the Sinai. When raided tribe Tarabin the Bedouin Sawarka in 1891, forced the governments of Egypt and Sham find a solution to this conflict, identifying an appointment to gather the elders of both tribes Bait Abu Mhazaa Alterbana Gaza in the presence of representatives of the Government of the Levant, and Associate province Arish, with eight pawns as delegates for the Egyptian government was taking pledges strong non-aggression.
 
In any case, the senior men played an important role in the Magistrate's Adoption of the rules in the Sinai peninsula, and to assist government authorities to extend its sovereignty over the tribes.
 
The "Minstrel" or "Almsaudy" He sued the personal matters of serious spare the face, or touching the honor and personal humiliation. Palmsaudi called because the most important judges of the tribe Masaeed Arish

 And cut the face of the serious issues urgent honor in the eyes of the tribes of Sinai, hp If two men or tribes to fight, and one of the audience said, "I threw my face or the face of So and so among you" in the palm of the two teams fighting for the case. The face of great sanctity to them. If one of the two teams continued to fight after he threw the face, he said, his face "so and cut my face," and invited him to the vocalist, and if the witness refused by a number of witnesses, and proceeded to take "is attached to" the sucker, even comply with the singer.
 
And "is attached to" or foreclosure, is to take camels stealth to get the right boat that lost its feet. The Egyptian government used this tribal custom in dealing with these tribes, where they had to take the relatives of a convicted or wanted a judicial or members of his tribe are subject to even bring the person sought, as it was in the higher of May 1886

When Saad you raised Qomendana of Sinai (1892 1905) kidnapped a young man from the tribe Elsafaihh daughter of the tribe Altyaha, hurried Saad you and throw his face on them to prevent Altyaha them, then ordered the elders Elsafaihh bring "Alhardan" (where the so-called kidnapping of girls in their conviction "straying" Saad held him and your council of elders and Altyaha Elsafaihh and lived in them "singers" for the determination of the case, sentenced to forty camels Elsafaihh performed for the people of the girl with the attend Vetost Altyaha fine and made only eight beauty

The issues of the wounds in the Sinai, a special judge is known as "punishment", which serve as a judge sanctions, where the appointing deserved retribution as every wound length and width and location. They're at it apply base the legitimacy of Islamic "eye for eye, tooth for tooth and wounds retaliation," These judges are distributed geographically in the peninsula, there are storytellers from the Arabs wear in the land of El-Arish and others from the Arab Alslalma Howeitat in the palm, while in the country Tur understanding of the Arab Alaqrarhh and decorated. This geographic distribution of diverse Qsasin reflects the desire of the tribes in the speedy disposition of cases of wounds, which do not bear the slow pace of litigation.

 The punishment in cases of wounds, measures the wound with his fingers is attached to each other, and makes a fine all finger sentences or less, this is for the wound is apparent, and the wound the visible either measured as a severe wound is apparent with the doubling of the fine, or put a white sheet and retreats back , looking for the paper until the paper disappear from view, and every step he takes back a large or small phrases or pounds and a half pounds, depending on the importance of the wound.
 
This last method is certainly it does not do justice meaning of reprisals, because they simply rely on the vision of the judge, if he was weak, or suffering from a disease in his eyes will disappear paper after a few steps while the long steps back if you look sharp, and bears the defendant be punished for it

The broken leg or arm or eye damage, or any member of the major organs of the body Vgramtha half blood money (20 sentences), and a fine cut index finger five beauty, Pinky sentences and one, and break the camel age one. The blow did not cause wound fine of money only if the beatings to stop or "coffee cup" or stick, the Bedouin often consider it a personal insult and demanding restitution of honor.
 
Women's issues and a special judge is known as "Balakby", which governs in cases involving women from dowry, divorce or exceeded on the show, has been named Balakby because most judges of this kind of tribes built an obstacle.
 
The camels, Vlohmatha for the Bedouins of Sinai, they have a special judge is known as "supernumerary", is concerned with things stolen and Othagaha and any related matters. The camel their affairs experts known as the "marketer", which determines the value of fines on the camels

The law of Sinai Bedouin camels have very strict, and the proof is that camels are left in the pasture and not only dares anyone to touch it. But there are special circumstances allow for the use of non-Bedouin camels, such as thirst and flee from danger. Compelling circumstances which may face the desert dwellers, and the inevitable need to use a third party. These positives can be calculated for the tribal custom among the Bedouins of the Sinai.
 
If the two on different naming the judge who sentenced them, applied to the "tax", a magistrate, who has the right to appoint a judge who will adjudicate Dawahma, and often choose from the tribe of Howeitat

It is amazing to see that the customary law of Sinai Bedouins have not forgotten their environment and the need to maintain. This traditional tribal deprives the work of coal from the trees or green plants to the importance of the existence of such plants in the desert, which was made of plants, land, and if that happens, the actor a couple of the same subject to custom, a fine, fine material, but on the condition that no one who claims responsibility for the protection of these plants in the region that happens all well-infringement. If someone cut off plants or trees in one area does not claim ownership of it only is a bad person.

Has taken some of the Bedouin nomadic traditions with them after that settled in the cities, where we see some of the customary affecting the sanctity of private homes or tents. It is this tradition that if someone entered a garden house owned by another person by mistake is caught the garden, he exposed himself to a fine for every step of the way of the garden fence after it is counted, and may find himself paying a fine of up to a camel just to proximity of the park, while the rise on the wall of the fence, it probably cost him another camel, and enter into the land of the park cost him third sentences, and to move towards a tree to steal a camel assigned fourth and so on. The person who broke a branch from a tree in the grove, he finds himself paying a rate of five pounds for every finger size of the branch that is broken.

Customs and origins dating back to the ancient history of Arabs, usually taking revenge
If the "kill someone, Vlohl dead close to the father and grandfather until the fifth degree, and the son and the son of the son, brother and nephew, uncle and cousin until the heel fifth to take revenge for the killer and his close relatives to heel the fifth, and if they win vengeance and killed the murderer or one of the people closest end up.
 
If successful the killer to escape his family and took refuge tribe before being touched by the people of revenge, mediate among them wise tribe that sheltered them, and if embraced both parties peace, they were transferred to them, "neighbors", a camel or four, and made a "sponsor fulfillment" to ensure the fulfillment of religion, and they took them. "sponsor warm "and dead people here refrain from chasing the killer. The Parties shall meet Bait a well-known men, where the killer comes the people that know their blood money to "term", a forty camels and camel hybrid known as "students. This is not only if the killer and victim of different tribes

 If the killer and the victim of one tribe, then the people of the killer to give up parental usual "surprise" any girl Baker takes a Relatives of the dead without a dowry as a wife and still has to give birth to a son Faiser have the option of returning to its people free and to renew her marriage and keep with the father of her child after taking her dowry. But these were usually abhor them girls because of the disrespect for their dignity, for this may be custom Tfda five fledgling beauty

 The killing treacherously or secretly, it is one of the heinous crimes I have a Sinai Bedouin, it is proven to kill treacherously in a place cut off blood money was sought, which in this case by four Diat. If people take the dead to avenge the killer of the people of the referee a friendly one, and one Atsedkon Asamehon in one. The child was killed they would need to pay the deadly four-Diat, and killed eight women Festujb Diat. The blood money paid in installments often deferred, from premium to four installments within a period of one month to one year, but in some cases pay all at once, and distributed among the relatives of the murdered men who chased his own blood, and the like famous "of the repellent in the blood when taken

 There is no doubt that the system of blood money the magnitude of the inventory of capital punishment in fine financial or in kind in a number of beauty does not reflect the act as a deterrent to crime or punishment, but from their point of view alternative to revenge, which may eventually lead to exterminate them one by one.
 
Egyptian government attempted since the beginning of the nineteenth century to control the Bedouin in the Sinai Peninsula to the extent that it does not happen with an imbalance of the security on the peninsula. But often they leave them the freedom of litigation before their meetings and their courts martial provided they do not prejudice the security. The concept of security for the Sinai Peninsula in that time, I mean security in its year, and the security of trade routes between Egypt and the Levant in particular, and by the Egyptian pilgrimage which remained in use until 1885, as well as secure ways of Christian pilgrims Europeans and others to the Monastery of St. Catherine

.It is noted that government intervention in the affairs of the Bedouin in the Sinai, was subject to the occurrence of disruption of security and order. This intervention was also limited to those issues that make owners asking government authorities to interfere, or those incidents against the security on the peninsula
.
The Egyptian government attempted to enter the Bedouins under the authority of the Egyptian law, it issued orders in 1853 to the Sheikhs of nomads and nomads "to leave the customs of the Arabs of old, and his case or proceeding shall raise its call to the Egyptian courts and under the Egyptian government. This is from the early attempts to subdue the Sinai Bedouin the authority of the Egyptian law

This took the government encourages the increase of the nomads their claims before the courts and the Council of the provisions. This has encouraged some Sinai Bedouin, especially Bedouin-Arish and the surrounding areas, to leave the tribal customs and follow the legal methods to obtain their rights, and that was a result of a government department which was enhanced in the region since the establishment of province-Arish, and the Court of Al-Arish legitimacy as already mentioned.
 
In any case, it was the Egyptian government believes that it is customary system that prevailed among the Bedouins of the Sinai system, patients have always been to achieve security on the peninsula, especially since the customary system was not prevalent among the Bedouins of the Sinai, but prevailed also among other Bedouins in Egypt

 It is already clear that the system is also customary prevailing in the Sinai was characterized by a number of features including: the large number of judges, given the specialization of judges and the multiplicity of their rank, there are judges for the honor, and others specialize in women's issues, and others for camel .. And so on. Valgrama financial or material is the box in all of the provisions, even in murder cases and get the witness to pay for his testimony, and the power and influence of tribal elders in resolving the big issues of a serious nature, which may lead to insecurity, and control of the myth on some systems and methods of litigation they have, and robbed some women's legal rights such as the right to choose a spouse and their right to inheritance

 As is clear to us that this society who has been away from the Renaissance Movement, which took place in Egypt during the nineteenth century, and the back of the response of the Sinai Bedouin to the call of modernization begun by the Egyptian government in the peninsula, these nomads have not shied away from going to court altogether, but there are a large number of issues outlook for these nomads Court of El Arish, and chose to use it for any recourse to judge of the customary and sometimes there was a collision between the provisions of the Court with the customary traditions as we have seen. But with this, the gradient in trying to update these Bedouins is the way to obtain the desired fruit, which the Egyptian government attempted to do during the second half of the nineteenth century with these nomadic

  Egypt Bedouin traditions resist the winds of globalization
Among the nomadic groups in Egypt, and especially Bedouin El Arish area, who use the means of the modern era of dishes dishes and mobile phones and other language of modern communications, but he at the same time insist on the face of the adverse effects of the winds of globalization to uphold the traditions that grew out of the hundreds of years.
He says a Bedouin and a taxi driver in the evening he takes off his robe and wearing a cloak of work to do his work as a judge solve the problems of his tribe inhabiting the desert of the Sinai Peninsula.
Badawi and the other off, one of the Tarabin tribe, descendants of Arabia relative to the visible region Althriph, his shirt and trousers to wear the traditional abaya and scarf red and white color and a cup of tea with members of the clan.

He added that the satellite dishes and mobile phones have become a necessity, but our women who continue to Trivthen traditional cooking and making bread in ovens dug in the ground, and caring for sheep and Agn carpets, quilts and burqas and colorful head scarves that are popular among tourists and foreigners.
For the nomads in their own way of life and the distinctive dialect, as well as social hierarchy, which constitutes the culture of their own, but their numbers are constantly decreasing, so there is a shift from nomadic to stability in the residential areas.
The estimated number of Bedouin in northern Sinai, about 300 thousand people including at least 80 A of the nomads who travel often between summer and winter, accompanied by Sheikh of the tribe, a position Etwarthh children from their parents.

 Although the issue of women is very sensitive in the Bedouin community, a number of women reach for Thursday and Saturday of each week to the popular market in the cities of El-Arish and Rafah, adjacent to sell their products from embroideries and carpets, dates and olive oil.
He said one expert in the affairs of the Bedouin that the man Badawi does not sell anything produced by his wife, because that would undermine the prestige and honor, according to tradition, he said, adding that the woman is the subject of very special for Badawi, it is part of his life are not entitled to a discussion is not allowed to appear unveiled in the presence of strangers and at the request of husband or father or brother.
This has included a way to change the lifestyle of marriage as well.

Vaeros was up to the place of celebration by Hodge over the sentences provided by the groom, but the car replaced Alhodg today.
The means of transport have changed but our traditions have not changed so we are still assessing the wedding for three nights a continuous slit through which the sheep and distribute the meat to members of the clan, and does not require the Bedouin to more than one mattress and a pillow and pitcher of water and a pot large shower in order to marry, and are usually gifts of marriage is a the amount of sugar, tea, or sheep, that is, each according to his ability.
It is noteworthy that the Bedouin distinguish between married women and girls by the clothes bearing the cover of the first black on her head and Znara of wool on her waist while the other wears a white headdress. And by virtue of the neighborhood and lineages, similar fashion with the Bedouin Palestinian embroidery

     

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