Jan 21 2016
When tribal law supersedes civil law
By Daoud Kuttab
AÂ murder took place in Jordan. The suspected killer is known, but unlike in normal cases, this time it was addressed by tribal law.
Tribal law is not new in Jordan. It has existed for centuries and the modern nation state has found ways to accommodate it.
Civil courts have often been presented with cases of conflicts that had been initially resolved in a tribal manner and used such decisions to make their final resolution.
But when tribal law replaces civil law and when such a decision involves members of the government, one has to take a clear position.
The deputy prime minister and minister of education headed on January 15 a delegation of dignitaries with the aim of soothing the anger of one of Jordan’s communities in the south.
As part of the atwa (tribal agreement), the deputy prime minister and his delegation signed a document that violates Jordan’s Constitution, laws and treaties.
The agreement, signed by Minister Mohammad Thneibat, declares without trial the guilt of the suspected killer, decides capital punishment for him and vows not to pursue any effort for clemency for him. Continue Reading »