Relations between tribal arbitration and formal judiciary

Other Title(s)

العلاقات بين التحكيم القبلي و القضاء الرسمي

Author

al-Ghashshami, Husayn Ahmad

Source

Journal of Economics, Administrative and legal Sciences

Issue

Vol. 4, Issue 2 (29 Feb. 2020), pp.165-183, 19 p.

Publisher

National Research Center

Publication Date

2020-02-29

Country of Publication

Palestine (Gaza Strip)

No. of Pages

19

Main Subjects

Law

Topics

Abstract EN

This study aims to gain insight on the Relations between tribal arbitration and formal judiciary by highlighting the legal effect of tribal judiciary procedures on rules issued by formal judiciary.

To this end, the researcher applies a descriptiveanalytical approach, through collecting data and jurisprudence on the relationship between tribal arbitration and formal judiciary to explore and use their opinions in understanding research dilemmas.

In addition, the key data of the research will be collected through in- depth direct interviews with relevant stakeholders.

The researcher reached a number of findings, the most important of which is that the relationship between the tribal arbitration and the systematic judiciary takes two main forms.

The first is when the role of the tribal arbitration is limited to containing the conflict and putting an end to the reactions merely by arbitral awards and decisions.

In this case, the function of the tribal arbitration is complementary to that of the regular judiciary.

The function of the tribal arbitration is an alternative to the regular judiciary when the representatives of the tribal arbitration intervene in the dispute by issuing awards and rulings that deal with the outcome of the dispute.

The study also demonstrates that the tribal arbitration plays a strategic role in resolving disputes.

It further alleviates the great burden of cases dealt by the formal judiciary.

Moreover, the study recommends the prerequisite for the organization of the customary judiciary in terms of precedents and rulings.

American Psychological Association (APA)

al-Ghashshami, Husayn Ahmad. 2020. Relations between tribal arbitration and formal judiciary. Journal of Economics, Administrative and legal Sciences،Vol. 4, no. 2, pp.165-183.
https://search.emarefa.net/detail/BIM-969706

Modern Language Association (MLA)

al-Ghashshami, Husayn Ahmad. Relations between tribal arbitration and formal judiciary. Journal of Economics, Administrative and legal Sciences Vol. 4, no. 2 (Feb. 2020), pp.165-183.
https://search.emarefa.net/detail/BIM-969706

American Medical Association (AMA)

al-Ghashshami, Husayn Ahmad. Relations between tribal arbitration and formal judiciary. Journal of Economics, Administrative and legal Sciences. 2020. Vol. 4, no. 2, pp.165-183.
https://search.emarefa.net/detail/BIM-969706

Data Type

Journal Articles

Language

English

Notes

Includes margin notes.

Record ID

BIM-969706