Year: 2010
Type: article
Abstract: An international phenomenon that has captured the interest of scholars and international development organizations is a continued tendency to resolve confl ict through indigenous methods rather than in state courts (Chirayath et al.; Corrin Care 2000; Syria-News.com;UNDP).In Yemen, as in countries as diverse as Kenya and the Solomon Islands, traditional justice is often perceived as familiar, transparent, and participatory.Its focus is reconciliation rather than punishment (Dempsey and Coburn 2010; Dimitrijevic 2006).Specifi cally in Yemen there is considerable fl exibility and adaptability in indigenous tribal procedures and decisions, more so than one usually fi nds in state justice systems, and decisions are restitutive rather than coercive.Furthermore, indigenous dispute mediation, where fi nes are shared by the entire community, is less costly than the formal legal system.On the other hand, there are concerns that traditional justice may perpetuate social hierarchies by favoring the powerful or discriminating against women (Corrin Care 2000; Kameri-Mbote 2005; Kollapen 2005; Tripp n.d.).In Yemen, as elsewhere, "local strongmen" may co-opt traditional mechanisms by using force in ways that would not have been permitted historically (Dempsey and Coburn 2010).Political scientists worry that resort to traditional justice may undermine state sovereignty.In this article, I explore these issues as they apply to self-identifi ed tribal communities in Yemen's Central Highlands through case studies of mediation that I collected during extensive fi eldwork between 1978 and 2005 in al-Ahjur.1 Al-Ahjur is an agricultural community irrigated by mountain springs, about 34 km NW of Sanaa.The vast majority of its population self-identifi es as tribal (gabā'il, sing.gabīlī).The tribal population historically distinguished itself from an urban scholarly elite that includes descendants of the Prophet Muḥammad (sāda, sing.sayyid) and from low-status service providers, such as musicians, butchers, and vegetable growers, with none of these groups
DOI: 10.1553/wpsa19s1
Author: Najwa Adra
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W2268150994