OPINIONS
Sat 27 May 2023 10:09 am - Jerusalem Time
How to resolve disputes in areas not controlled by the law?!
The rule of law is the most important matter that achieves justice and resolves various disputes, and the state and its men must make the law the master of the situation and the first and greatest means of providing justice and resolving any disputes, and this is agreed upon, but the issue has other aspects.
We Arabs in general, in our estimation, represent a dominant clan mentality, and the law, whatever it may be, often stands as a powerless apparatus that cannot resolve all disputes. Here, alternative means of resolving disputes emerge. A conference was held on this issue in Ramallah in the presence of the Minister of Justice, Dr. Muhammad Al-Shalaldeh, Dr. Amal Hamad, the Palestinian Minister of Women’s Affairs, and a large number of experts, jurists, and stakeholders from local bodies, institutions, and actors in working with arbitration and alternative means to courts in accordance with the law. These groups certainly do not work against the law or as an alternative to it. Subject to the Palestinian state law.
Here, the importance of the role of arbitration committees and those working in accordance with clan influence, traditions and customs is evident. Clan leaders have the greatest role in this context, but something else is required.
The meeting recommended the establishment of an institution specialized in peaceful and ethical means of disputes, the provision of materials that explain the concept of these alternative means, and the training and qualification of those working in them in cooperation with the mediators of the clan leaders.
We are certainly with the rule of law always and in all locations and times, but there are cases and regions in which there is no effective control to implement the law, and here comes the alternative role, which is the tribal and similar arbitration committees, provided that this is in accordance with legal concepts.
Conflicts and disagreements in our society are many, and sometimes they develop into bloodshed, with great regret, and here things must evolve to find alternatives if the law does not have field sovereignty, and these alternatives are the tribal rulings that must be completely consistent with the law and implement it in these areas, in order to prevail in Our society has a spirit of understanding and resolving disputes through peaceful, just community methods... The spirit of mutual understanding and cooperation prevails.
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How to resolve disputes in areas not controlled by the law?!