Arab Customary Law in Israel: Sulha Agreements and Israeli Courts

Arab Customary Law in Israel: Sulha Agreements and Israeli Courts nurit tsafrir 76 © Koninklijke Brill NV, Leiden, 2006 Islamic Law and Society 13, 1 Also available online – www.brill.nl ARAB CUSTOMARY LAW IN ISRAEL: ‘ UL \ A AGREEMENTS AND ISRAELI COURTS* NURIT TSAFRIR Abstract In this article I describe various aspects of the complex link between the Israeli legal system and the Arab customary institution of ß ul È a (an agreement for peaceful settlement of a dispute). On the basis of contemporary decisions of the Supreme Court and the District Courts in Israel, I argue that a ß ul È a agreement between an accused and his victim (or the victim’s family) often influences the judges’ decisions during criminal proceedings against the former. This influence tends to work in favor of the accused — mainly in decisions about detention and sentencing — but when a ß ul È a agreement affects the verdict, it tends to work against the accused. The weight attached to the ß ul È a by the court has some problematic aspects: it may cause the accused to force a ß ul È a agreement upon his victim and lead to perversion of the course of justice. The Shar Ê# a http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Islamic Law and Society Brill

Arab Customary Law in Israel: Sulha Agreements and Israeli Courts

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Publisher
Brill
Copyright
© 2006 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0928-9380
eISSN
1568-5195
D.O.I.
10.1163/156851906775275457
Publisher site
See Article on Publisher Site

Abstract

nurit tsafrir 76 © Koninklijke Brill NV, Leiden, 2006 Islamic Law and Society 13, 1 Also available online – www.brill.nl ARAB CUSTOMARY LAW IN ISRAEL: ‘ UL \ A AGREEMENTS AND ISRAELI COURTS* NURIT TSAFRIR Abstract In this article I describe various aspects of the complex link between the Israeli legal system and the Arab customary institution of ß ul È a (an agreement for peaceful settlement of a dispute). On the basis of contemporary decisions of the Supreme Court and the District Courts in Israel, I argue that a ß ul È a agreement between an accused and his victim (or the victim’s family) often influences the judges’ decisions during criminal proceedings against the former. This influence tends to work in favor of the accused — mainly in decisions about detention and sentencing — but when a ß ul È a agreement affects the verdict, it tends to work against the accused. The weight attached to the ß ul È a by the court has some problematic aspects: it may cause the accused to force a ß ul È a agreement upon his victim and lead to perversion of the course of justice. The Shar Ê# a

Journal

Islamic Law and SocietyBrill

Published: Jan 1, 2006

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