Sulha: the practice of traditional Arab ADR in northern Israel
Description
This dissertation aims to provide a comprehensive description of sulha practices in Northern Israel while analyzing the cultural context of sulha as a Muslim ADR model and as a conflict reduction tool used within the state of Israel. Inspiration for examining this ADR model came from reviewing scholars’ suggestions to use elements of sulha to “upgrade” American ADR techniques that are already being employed to mediate the Israeli-Palestinian dispute. These suggestions followed others who advocated for the importance of using indigenous ADR methods when addressing conflicts in the Middle-East. This paper begins with an introduction to the sulha process. Sulha’s components, uses (traditional and nontraditional), objectives, and the ideologies that undergird it are also discussed, in addition to its advantages and disadvantages. One of this dissertation’s goals is to expand on current literature on sulha in order to address several understudied aspects of sulha. Specifically: different uses of the process, especially in non-violent contexts; potential jaha biases; sulha’s success rates; the downsides of the model; sulha’s status within civil legal proceedings; and its interactions with Israeli state agencies. This dissertation then goes on to present the cultural context of sulha as an Islamic conflict reduction tool. It does so by reviewing the historical background of Islamic ADR processes, presenting the main dispute management models in Islam and comparing them with sulha and with common American ADR models. It also analyzes the role of sulha in light of cultural changes the Arab-Israeli community is going through. In the third chapter, the main American ADR mechanisms are discussed and compared with sulha. The last chapter compares sulha and Jewish and Israeli ADR models and discusses sulha’s interactions with the Israeli state to address the unique environment it operates within. While sulha is usually practiced in Arab countries, the intention here is to explore the implications of practicing sulha in a non-Arab country, such as Israel. Additionally, sulha’s relationship with the formal legal system is also examined. Lastly, this chapter considers if there exists sufficient support for considering the utilization of sulha to address the Israeli- Palestinian conflict.