US-China Law Review 2012, vol.9, no.29, pp.29-44, 2012 (Peer-Reviewed Journal)
This paper addresses the issue of paternity suits among the pastoral nomadic Bedouin tribes of the Middle East and North Africa within their specific religious, legal, and cultural context. It explores how peoples of this region and their traditional judges (qadis) make their decisions about paternity according to methods such as ordeal by fire (bish'a) and physiognomy, based on the child's facial features and their connection to his character (firasa). This work is based on case studies from the field that deals with tribal paternity suits, as well as interviews with traditional qadis and litigants. Key words: paternity, suits, Bedouin, Muslims, Middle East .
The Bedouin qadis saying “reconciliation is the master of all laws” (as-sulh sayyid al-ahkam) encompasses a core aspiration of the Bedouin social and legal systems in the Middle East. In certain situations, the power of the weak can lead the value of mercy to take precedence over the needs of justice.
The wells of truth are located in neutral territory and no one claims to own them. Thus, in Bedouin society, no chief or other leader is above the law, and, as the Bedouin proverb says, “Even he with the long sword must submit to the law”