University of Khartoum

Diya of the Miseria Tribe after the Abolition of Native Administration

Diya of the Miseria Tribe after the Abolition of Native Administration

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Title: Diya of the Miseria Tribe after the Abolition of Native Administration
Author: Alkhalifa, Elsheikh
Abstract: • Diya (blood money) is normally paid in murder cases to the family of the victim and Miseria calls it ‘mihaya al-dam’ which means in Arabic (the blood eraser). It is paid in all cases irrespective whether the accused is convicted or acquitted. If accepted no revenge shall take place and it hence acts as a deterrence mechanism for further violence. Before diya is agreed upon and paid tribal conciliation ‘sulh’ is required between the family of the accused and the family of the victims. The author argues that conciliation is normally accomplished through Agaweed (credible conciliators) normally agreed upon by both parties to the conflict. • Miseria have two types of diya: (a) diya of ‘Saf’ and; (b)diya of ‘Badna’. However, the mount of diya varies and depends on the gravity of the crime. For example, murder in the context of tribal fight or intentional murder requires payment of 60 cows if the victim is a male and 30 cows if the victim is a female. In cases of manslaughter or unintentional murder diya is 30 cows for a male victim and 15 cows for a female victim. Other types of compensation fall short of diya are applied in cases of grievous bodily harm (GBH), deliberate limb amputation or loss of body parts (i.e. eye, nose, ear, teeth etc..) 30 cows is payable if the aggrieved person is a male and 15 cows if a female. • When diya is paid to members of the family of the victim, they are prohibited to take any sort of revenge otherwise social sanctions will be imposed on them and the family will regarded as socially outcast and no longer belongs to the tribe. The author argues that the system of diya as practiced by the Meseria tribe has assumed a vital role in resolving social and communal disputes particularly in the absence of the Police in the tribal areas to maintain law and order. • The author then highlights obstacles facing the implementation of the diya system after its abolition. He argues that in the past Nazir of the tribe, aided by Omda, is a key figure in the administration and distribution of the diya system and his role as a presiding Judge of Native Court as regulated by the Administration of Courts Act. This Act empowers or entrusts native courts to apply customary law when adjudicating cases. However, after the abolition of native administration, the role of the tribal justice was weakened and undermined. The author then has raised serious questions such as whether government local councils will be able to replace it, particularly the Local Popular Government Act entrusted the executive councils to engage in arbitration and tribal conciliation ( section 5 (10).
Description: This paper had been presented for promotion at the University of Khartoum. To get the full text please contact the other at babiker69@hotmail.com
URI: http://hdl.handle.net/123456789/6262
Date: 1973-04


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