Published online by Cambridge University Press: 14 February 2014
In Jordan, tribal dispute settlements have played a pivotal role in the management of various types of grievances between individuals since long before the establishment of the modern state. To varying degrees, Jordanians—from the East and West Banks, Muslim and Christian, urban and rural—cherish the kinship networks associated with these procedures, and the ʿaṭwa (truce) and ṣulḥ (reconciliation) processes remain time-honored mechanisms for preventing revenge and making amends for wrongs committed. However, under the state's influence, the purpose of observing tribal settlements is evolving within an increasingly heterogeneous society. Drawing on documentary analysis combined with ethnographic material from across the kingdom, this article investigates the current status of tribal dispute resolution traditions among different sectors of the population. I argue that observance of such traditions can signify conformity with the hegemonic values that the state promotes as well as resistance to aspects of state control.
Author's note: The fieldwork for this article was funded by the Economic and Social Research Council. I would like to thank Yezid Sayigh and Claudia Aradau as well as the anonymous reviewers and IJMES editors for their constructive criticism of earlier drafts of this article. I am indebted to the Jordanian Public Security Department, which facilitated my access to a number of the sources cited in this work. Among the many Jordanians I interviewed, I would like in particular to acknowledge Yassin ʿAbdul Naʾim Bani Yassin, who introduced me to a number of the current residents of Kufr al-Maʾ.
1 The shaykh noted that the phrase was Islamic, but the same sentiment emerges plainly in Proverbs in the Old Testament—“Better is a Neighbor that is near than a Brother far off” (King James’ Bible, Proverbs 27:10).
2 In 1960, 50.9 percent of Jordan's citizens were urban dwellers, according to the UN's World Urbanization Prospects. See http://esa.un.org/unup/CD-ROM/Urban-Rural-Population.htm (accessed July 2013).
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5 The estimated population of Jordan in 2013 is 6,473,271 (Jordan Department of Statistics). According to the UNHCR, the estimated number of Iraqi, Syrian, and other refugees and asylum seekers in January 2013 amounted to 704,500 individuals. See http://www.unhcr.org/pages/49e486566.html (accessed July 2013).
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30 Oweidi, “Bedouin Justice,” 37–38.
31 Other Jordanians are not even aware of the Convention.
32 Several shaykhs told me that the king had officially approved figures of between 25 and 35 thousand JD for diya payments; however, popular accounts suggest that much more is sometimes paid.
33 The northeast bādiya extends from the north and east of Mafraq town to the Iraqi border; the middle bādiya lies south of Amman, extending into south-central Jordan and east to the Saudi border. The southern bādiya is in Maʿan governorate.
34 Interview with Bedouin commander, June 2011. The commander is also deputy director of the PSD and the most senior brigadier in the police force.
35 Meeting with the king's tribal affairs advisor, September 2011.
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37 This dual right is not unique to the Jordanian civil legal system; it exists in several Arab countries.
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45 Several Jordanians quietly expressed the view that if (God forbid) they were to hit a pedestrian, they would be better off killing him outright than seriously injuring him; if he died, his family would likely accept the sum provided by the insurance company (which they called diya even though it is not, properly speaking, blood money), and dismiss their loss as fate, whereas if he were seriously injured, the driver's family might be obliged to pay vast amounts for his medical treatment over and above what was provided through insurance.
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48 When I asked what would happen if the girl refused, the judge commented, “she is the loser.” Other villagers I consulted agreed that when a girl identified the rapist, this signified she was willing to marry him. In fact, civil law in Jordan rules that charges against an accused rapist can be dropped if he agrees to marry the girl in question, provided that she consents.
49 Interview with tribal shaykh in Salt, September 2011. The shaykh also indicated that the police officer would be dealt with internally through the police court.
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58 These estimates were issued by the Jordanian National Department of Statistics.