محكمة الجنايات لا تعترف بجلسات القضاء العرفي حفاظًا على هيبة الدولة

At first glance, you feel as if you have delved deeply into a chapter in a novel or sat in front of a scene in a movie. You see the men lined up and facing each other, having come together to conclude “reconciliation efforts” between the disputing parties and come up with a solution that satisfies all parties, prevents bloodshed, prevents a chain of conflict, and stops the number of parties extending into conflict. Hostility. The customary session committees that are held in all the villages of Egypt are called “complete justice,” which depends on the confrontation between the disputants and each party’s narration of its argument in front of the other in order to reach the entire truth in the fastest time. Once the ruling is issued after hearing the parties and witnesses and leaving the ruling for deliberation, it is not permissible not to implement it. Martial law, and there are penal terms, clauses, and agreements that must be adhered to. The wrong party also initiates a visit to the other party to prove that reconciliation has been completed, and the second party must return the visit as a form of acceptance of reconciliation and complete compromise.

The customary sessions are a full-fledged court panel consisting of a judge, advisors, defense, witnesses, and attendees, and a ruling that issues at the end of the session like the edge of a sword on everyone’s necks, without them having the right to object, because according to customs, traditions, and religion, “the word is honor, and the honor of a man is the word.” In fact, the court here does not differ from ordinary courts in anything. The matter does not require that the judge place a scarf on his chest as is customary in ordinary courts, nor does the accused’s defense wear a black “robe,” nor does the accused himself enter the dock no matter what. His crime, and does not communicate through lawyers and submit papers, but depends on direct confrontation between the conflicting parties and reaching a solution that satisfies all parties. The customary reconciliation session is attended by sheikhs and elders of the tribes in the region, and in light of an intense security presence so that the presence is a witness to the end of the retaliatory dispute and the completion of the reconciliation process. But what many do not know is that the process of presenting the shroud is not an easy matter and takes months, perhaps years, and dozens of customary sessions before a final decision is made regarding it.

Customary councils also have a strong role in establishing a culture of reconciliation and tolerance, and they represent a type of compulsory reconciliation that precedes voluntary arbitration, in addition to their role in conducting litigation procedures and achieving complete justice, as Egyptian law recognizes customary arbitration if it is carried out with correct procedures, but in Narrow limits, and according to Egyptian Law Article No. 27 of 1994, there is recognition of it and international arbitration according to certain controls and mechanisms for its prominent role in preserving social and family ties.

Customary judge: We are subject to the judiciary of the bench and we offer reconciliation efforts to stop bloodshed and preserve social ties

I inherited the column from my grandfather and father at the age of 31, but I do not intend to pass it on to my children

A 53-year-old man, he has worked as a customary “arbitrator” for nearly 25 years. He inherited Al-Amoudiyah from his grandfather and father at the age of 31 and has been involved in reconciliation and customary sessions since the prime of his youth, until he became in close relationships with everyone around him or just like them. It is said about him, “Why have people in every country?” People knock on its doors, which are open to all, to hold dispute resolution sessions and reach peaceful and final solutions that require justice for everyone as quickly as possible and stop the shedding of bloodshed and the persistence of hostility. Hajj “Ayman Eid Al-Umda” says that customary judiciary is subject to the judiciary of the platform, which He has full rights, powers, executive authority, and the highest say, but we seek to complete reconciliation and stop hostility until the official court issues its decision that applies to everyone. We work to quickly intervene and confront the parties to reveal the complete truth and stop hostility by completing reconciliation before witnesses in implementation of the word of God Almighty.” And your Lord would not destroy towns while their people were reformers.”

He added that, unfortunately, the majority of cases are between relatives, neighbors, brothers, and relatives, because by the nature of the villages, families live next to each other, as well as brothers, and inevitable hatreds are generated there that worsen over time over disputes over inheritance or between women and children, which forces families to intervene so that the conflict continues and magnifies. The solution is Here among brothers, it is not imprisonment and the destruction of entire families, but the customary sessions depend on “disciplining” people financially. Whoever makes a mistake pays the price for his mistakes, explaining that in many cases money is given up to the other party in the event of a dispute between brothers and relatives, because the wronged party feels reconciliation. By simply apologizing in front of men and expressing good intentions to restore good relations.

As for cases of premeditated, semi-intentional, and manslaughter, Eid explained that blood money has been prescribed for manslaughter, but in some cases of premeditated and semi-intentional murder, the perpetrator is required to pay blood money and retaliation, and the other party has the full right to accept or reject. Upon rejection, the case is approved for trial. Official courts, and in cases of acceptance, “blood money,” “offering the shroud,” and going to court to amend the statements are imposed, so the judge is aware that reconciliation has been reached, but he has the full right to pronounce the ruling that he deems appropriate, indicating that the case may go in two directions, The first is the pronouncement of acquittal or the pronouncement of imprisonment or death. In both cases, the blood money paid is not recovered or the martial court ruling is appealed.

“Eid” explained that it is not permissible to reject the ruling of the customary session after the agreement and the issuance of the ruling, but the rejection is done during the session with a common phrase, which is “God’s law according to others.” Then the session is adjourned and resort to other arbitrators or to the bench’s judgement, explaining that the martial courts do not accept Cases of honor, honour, and marital infidelity are required because concealment is required. However, in case of insistence, they are arbitrated inside closed rooms, in the presence of the disputants only, and without going into full details. These sessions are known as “Makhlawiyah” or “Deliberation Rooms”, and in general, in all sessions, The disputing parties undertake pledges not to attack each other until the session is held and a specific place for the meeting is determined that they agree upon together.

As for the issuance of martial law, he pointed out that the matter goes in three directions. The first is consensus, and here the parties come together on one opinion, and there is the opinion of the majority, and the third is casting. When the votes are tied, the opinion of the owner of the house in which the reconciliation session is held is taken, and the opinion that prevails is what is done. Approving it as a final decision to resolve the dispute, after which 40 days are set to pay the due money. After that period, the value is doubled in the event of non-payment, explaining that there are penal conditions that the violator of covenants must pay to the other party.

He explained that despite his intense love for meeting people’s needs, he does not prefer to pass down the vertical or customary arbitration to his children, because that would infringe on the rights of his home, his children, and his interests. He preferred that his children focus on their education and the interests of their family and provide all the time and effort to take care of their children and their future, directing Thanks to the Egyptian state and its wise leaders for adopting all legitimate methods that work to stop bloodshed, preserve family and social ties, and enhance public security, calling on them to study a project that works to choose an official customary arbitration committee subject to the security authorities in every center within all of Egypt’s governorates.

A 30-year-old customary arbitrator: What is not denied in custom is proven and we are subject to internal matters in murder and large family disputes

The Criminal Court does not recognize martial law sessions and has no value before it in order to preserve the prestige of the state and public security.

“What is not denied by custom is proven.” This is the accepted law in customary sessions. This is how lawyer “Mahmoud Ramadan” began his talk about the nature of customary courts, saying that the first party’s statements are heard in full and then room is given for the other party to comment or add his argument, and so on. He denies it for himself, so it is proven as a reality and a truth, because reconciliation is based on the idea of ​​confronting the parties to reach the truth of the dispute and its dimensions, and the ruling is often “material” with a light or severe punishment depending on the number of injuries, errors, or crimes, and in cases of manslaughter, the guardian of blood may accept the blood money and pardon. Regarding retaliation, stressing that customary judiciary is not an executive authority in itself, but rather is subject to the judiciary of the bench in all circumstances and circumstances. It is diligent attempts to complete reconciliation and quickly resolve the dispute, and it is carried out under the supervision of the Ministry of the Interior in cases of intentional and semi-intentional killing and resolving disputes between large families in which problems may escalate. It claimed dozens of lives.

Ramadan, the youngest customary judge in Egypt, where he worked in the customary judiciary at the age of 22, added that the issue of resolving disputes through customary councils is an effective societal means of establishing a culture of reconciliation and amicable settlement within society, especially with the slowdown in the cycle of issuing rulings, in addition to the increase in litigation expenses. Some citizens have to knock on the doors of customary councils to resolve tribal or other conflicts that may take many years to wait for implementation in the courts. This is something that was later adopted in family disputes, where it was applied through “dispute settlement offices” until the situation became legal, explaining that the culture The customary council is based on promoting and establishing a culture of tolerance and reconciliation through persuasion and wisdom, especially in villages and hamlets. This culture must spread more and its role be deepened, provided that arbitration in it is for venerable sheikhs, scholars and priests, who possess knowledge, knowledge, wisdom and evidence, and it is necessary to stay away from people of ignorance. And those who exploit such matters in electoral propaganda.

Ramadan explained that simply resorting to customary sessions means accepting their rulings. Egyptian law has regulated the idea of ​​arbitration in civil and commercial matters in Law 27 of 1994, where an arbitration agreement is concluded between the parties to the dispute that includes the rules that will be applied and their procedures and how to choose the arbitrator representing each party. Proof of this in writing, and the arbitration award may not be appealed except for the invalidity of the award or its procedures. Also, customary hearings are valid in some cases such as misdemeanors, manslaughter, fraud, breach of trust, battery, and accidental injury, and they are binding on the court, but they are not valid in some cases such as premeditated murder, rape, and indecent assault. And arson. The Criminal Court does not abide by any customary sessions and has no value before it, because its cases are carried out against society. Also, the customary sessions are sometimes a reason for reducing the punishment for the accused, and this is a discretionary stage for the court, and these sessions are not an alternative to natural justice. But it is suitable for some cases, and there are cases for which any customary sessions are not suitable, and the law must be applied to them with all force to be a deterrent for everyone so that it does not happen again, and that the customary judiciary has no right to adjudicate criminal cases that result in the loss of lives and blood, and this is within the jurisdiction of the criminal judiciary. Which guarantees society’s right to a deterrent penalty for anyone who dares to terrorize citizens and shed their blood.

He pointed out that the customary judiciary has four specializations, as is known, namely “honor and shame” issues, which govern women’s matters, or “blood marinade,” which decides disputes that led to victims, and “land and money” issues, while the fourth specialization is Of the customary judiciary, represented in “wounds and injuries” cases. In fact, “customary judiciary” is the quick and effective means of resolving disputes between disputing parties. It usually consists of several reconciliation committees formed from those who enjoy great popularity among the families or senior family men. Their tasks are not only to impose Specific rulings, but rather settling the quarrel between souls and ending the rivalry so that a new relationship can begin between the disputants, governed by penal conditions imposed on either party if it violates what the arbitration committees have concluded.