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October 21 2021 10:12 PM ˚

The Parliamentary Legal Committee discusses the tribal jalwa

Member and rapporteur of the joint committee, MP Saleh Al-Wukhian, told Jordan News that the name of the law has been changed to become "the municipalities and governorate councils law” instead of “th
(Photo: Jordan News)
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AMMAN — A meeting held in the Lower House on Tuesday saw the Parliamentary Legal Committee discuss the legal status of the tribal jalwa. Jalwa, in its simple translation means "banishment" or "exile," and often requires that people accused of grave crimes, and their families, leave the area where the act was committed in order to avoid never ending cycles of reprisal.اضافة اعلان

According to the amended draft law (2016) of the Crime Prevention Law (1954), Jalwa is defined as “the deportation of the offender’s family from the area in which the victim’s family resides.”

Committee member, MP Ghazi Thneibat, said that the committee is looking into the possibility of cancelling the jalwa, and that it will send a summary of the meeting’s results to the government in the next few days. "Everyone is against jalwa today, and no one is calling for it. jalwa is illegal," Thneibat said.

For his part, MP Saleh Wukhayan, refuted what his colleague said, adding that the meeting’s aim is to legitimize the jalwa. He added that the committee continues its meeting with the representatives of the tribes and representatives of the government in order to reach a consensus.

“There is no cancellation of jalwa, what is happening is an attempt to reduce the effects of the Jalwa and to limit it to the family record book only.” Wukhayan said.

Minister of State for Legal Affairs, Mahmoud Al-Kharabsheh, clarified that jalwa does not conflict with the judiciary, adding that the judiciary in the judge.

“In the past we had a tribal court, today the major criminal court has replaced the tribal court and its ruling is enforceable, as soon as any ruling is issued by it, any tribal ruling, whether it is jalwa or otherwise, falls,” Kharabsheh said.

“We do not support jalwa in its broad sense because we are a developed and civilized state of law,” Kharabsheh said. “But, at the same time, we cannot deny our good tribal customs which aim to establish community peace.”
He said that jalwa was prevalent when society lived a Bedouin lifestyle.

“Today, the form of life has changed and the nature of life has become stable. Therefore, Jalwa has become a huge burden,” the minister added.

As for the purpose of jalwa, Kharabsheh clarified that when a problem occurs between two parties, the conflict is resolved through jalwa in order to prevent further problems and to declare a truce to give those who want to reconcile the two parties together the opportunity to end the conflict without causing more damage.

Kharabsheh explained that the jalwa occurs in only three cases, namely: killing, honor related cases, and disrespecting the word of the tribe that intervened to resolve a tribal conflict.

The minister added that jalwa is currently applied in the narrowest way, and it is applied to the person concerned with the crime, his brothers and his father, or the person concerned with the crime and his children. jalwa is also applied to men only, excluding women and children, and takes place in the same governorate, people move from one neighbourhood to another or from one village to another.

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