The indigenous Bedouin Arab population in the Naqab/Negev desert in Israel has experienced a history of displacement, intense political conflict, and cultural disruption, along with recent rapid modernization, forced urbanization, and migration. This volume of essays highlights international, national, and comparative law perspectives and explores the legal and human rights dimensions of land, planning, and housing issues, as well as the economic, social, and cultural rights of indigenous peoples. Within this context, the essays examine the various dimensions of the “negotiations” between the Bedouin Arab population and the State of Israel. Indigenous (In)Justice locates the discussion of the Naqab/Negev question within the broader Israeli-Palestinian conflict and within key international debates among legal scholars and human rights advocates, including the application of the Declaration on the Rights of Indigenous Peoples, the formalization of traditional property rights, and the utility of restorative and reparative justice approaches. Leading international scholars and professionals, including the current United Nations Special Rapporteur on Violence against Women and the former United Nations Special Rapporteur on the Rights of Indigenous Peoples, are among the contributors to this volume.

Bedouin Law from Sinai and the Negev is the first comprehensive study of Bedouin law published in English, including oral, pre-modern law. The material for the book, collected over the course of forty years of field work by Clinton Bailey, one of the world's leading scholars on Bedouin culture, is of permanent scholarly value. Bailey shows how a nomadic desert-dwelling society provides for its own law and order in the traditional absence of any centralized authority or law enforcement agency to protect it. This comprehensive picture of Bedouin law, offers readers a unique opportunity to understand Bedouin law by highlighting the close connection between the law and the culture from which it emerged.

This book examines contending visions on nomadism in modern Palestine, with a special focus on the British Mandate period. Extending from the late Ottoman period to the founding of the State of Israel, it highlights both ruptures and continuities with the Ottoman past and the Israeli present, to prove that nomadism was not invented by the British or the Zionists, but is the shared legacy of Ottoman, British, Zionist, Palestinian, and most recently, Israeli attitudes to the Bedouin of Palestine. Drawing on primary sources in Arabic and Hebrew, the book shows how native conceptions of nomadism have been reconstructed by colonial and national elites into new legal taxonomies rooted in modern European theories and praxis. By undertaking a comparative approach, it maintains that the introduction of these taxonomies transformed not only native Palestinian perceptions of nomadism, but perceptions that characterized early Zionist literature. The book breaks away from the Arab/Jewish duality by offering a comparative and relational study of the main forces operating under the Mandate: British colonialism, Labor Zionism, and Arab nationalism. Special attention is paid to the British side, which covers the first three chapters. Each chapter represents a formative stage of British colonial enterprise in Palestine, extending from the late Ottoman down to the postwar and the Mandate periods. A major theme is the nexus of race and ethnography reshaping British perceptions of the Bedouin of Palestine before and during the early phases of the Mandate, and the ways these perceptions guided the administrative division of the country along newly demarcated racial boundaries. Using an interdisciplinary approach that combines new findings in the fields of history, ethnic studies, postcolonial theory, and environmental studies, this book contributes to understandings of the Israel/ Palestine conflict, and current trends of displacement in the Middle East.

The Occupation of Justice presents the first comprehensive discussion of the Supreme Court of Israel's decisions on petitions challenging policies and actions of the authorities in the West Bank and Gaza since their occupation during the 1967 Six-Day War. Kretzmer addresses issues including: the basis for the Court's jurisdiction; application and interpretation of the international law of belligerent occupation; the legality of civilian settlements and highway construction; and security measures such as curfews, deportations and housing demolitions. While pertaining to a specific political and legal context, this case study has broader implications regarding how courts in democratic countries act in times of conflict and crisis. It shows that at such times domestic courts tend to close ranks with the executive branch against those elements that are perceived as external threats to society.

This book provides an accessible introductory discussion of issues in Islamic law, justice, and society. At the center of the volume is a discussion of some interrelated theological, historical, legal, and practical issues facing Islamic law in such different countries and regions as Algeria, Morocco, South Africa, and South Asia. This will be a valuable book for students and scholars of Middle Eastern studies, law, and history.

"Drawing on a wealth of ethnographic and historical sources, Havatzelet Yahel offers an engaging and sometimes surprising history of Israel's policy toward Bedouin tribalism in the Negev desert in southern Israel. The study opens with a detailed look at the early years of the 1940s and 1950s that shaped the relationship between Israel and the Bedouin, most notably Israel's effort to accommodate tribalism in collaboration with the sheikhs. The story then shifts to the next stage in Israel's policymaking under the Military Administration in the 1960s and early 1970s. Although various forces were at work to break down tribal life, especially the hardship of prolonged droughts, nevertheless the pro-tribal policy won out in the end. Today, Israel's policy towards the Bedouin focuses more on traditional tribal authority figures than on the role of Bedouin individuals in a democratic society"--

Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays by Rudolph Peters is about legal practice, both Shariʿa and state law. Its principal themes are legal order and the actual application of law in the Ottoman and more recent periods