مجموعة مختارة من الوثائق القانونية والتاريخية والجغرافية التي قدمت لمحكمة التحكيم لتأييد وجهة النظر المصرية
(تابع) المرفق رقم (11) التقرير العام "لأوين" حول أعمال لجنة حدود سيناء المؤرخ 28 أكتوبر 1906
"وزارة الخارجية المصرية، الكتاب الأبيض عن قضية طابا، القاهرة، 1989، ص 179-199"

APPENDEX (G)

Laws and Customs of the Arabs

          I DISCUSSED at some length with the Sheikhs, while in Sinai, about their laws and systems of justice. I wrote very fully on this matter in my Sinai Report of last year, and Mr. Bramly has this year submitted a full Report on this subject. There seems to me very little to add to this.

          The Arabs of Sinai, as is well known, have their own laws and system of justice, which they are very adverse to having changed. There are some, however, which can never be tolerated by a civilized Government, and which can never agree with principles of equity and justice as we understand it, which often lead to trouble and bloodshed in the peninsula. They are as follows: -

          1. Taking revenge for murder from the murderer or from any near relative of the murderer.

          2. Raiding for camels from an opponent as pledges from unpaid rights. This they call "Wisaka".

          3. The practice of "Mubashaa" Judge, who examines cases by fire, waters, or dreams, without taking evidence from witnesses.

          The Sheikhs of the peninsula, I find are aware of the inequity of this system of justice, and they are prepared to give up, provided the Government will take the necessary measures, or give them a fair substitute.

          I submit that, as far as possible, the laws of justice as practiced by the Arabs should be adhered to, and that the Sheiks should be allowed to exercise, within limits, their own system of justice in their own Courts, but that the Administrator of Sinai ought to preside over their Courts on all important matters, especially the cases of murder, raiding, and "Mubashaa".

          I submit that for the trial of cases of murder a Decree, such as was in vogue at the time when Egypt held Akaba, should be issued. This Decree, which was withdrawn soon after the handing over Akaba to Turkey and was never replaced, gave power to the Commandant to preside over a court of Sheikhs. This was called an "Urfi" Court. It was such a Court, which tried the murderers of the El Hendawi in May last year and for whose trial a special Decree had to be issued by His Highness the Khedive.

          I submit that the system of taking blood money for murder and their system of dealing with cases of camel stealing should be abolished, and that our own system of punishment in these cases should be introduced.

          Mr. Bramly has written at great length on the laws concerning women. This is a matter about which I know very little and hesitate to give an opinion, and is a subject which should be treated with much tact, and any alteration or changes in the existing Arab laws should only be brought about after very full and careful consideration.

          It must be understood that the Arabs inhabiting the center, east, and south of the peninsula are extremely primitive and very much behind the times, and to introduce hurriedly any new legal system would, I submit, be a mistake.

          With the exception of El Arish and that part of the peninsula bordering the Suez Canal, and such places as Tor and Nekhl and their immediate vicinities, the rest of the peninsula has hitherto been somewhat neglected, and many of those parts which the Sinai Boundary Commission traversed had not been visited by any Government official. It may therefore be said that many natives are not yet in touch with Government, and until they realize under which Government they are serving and have confidence in that Government I submit it would be better to introduce very gradually any changes in their laws or system of Justice.

          In my proposals of dividing up the frontier into three districts, I have suggested the appointment of a Wakil Nazir at Rafeh, Kossaima, and Mashash-el-Kontilla. All the Shiekhs on the frontier are anxious to have some recognized official to whom they can come to have settled cases of minor importance and cases, which they cannot settle among themselves. It is, therefore, for these reasons that I propose the appointment of the Wakil Nazir at the three above-mentioned places. The Arab of the peninsula is too lazy and too indifferent to travel a long distance, such as from the frontier to El Arish or to Nekhl, to have a minor case settled. Consequently, these small cases remain over for a long time without settlement, and very often lead to more serious trouble by not being finally disposed of.

          I suggest that Captain Parker should some time next year hold a meeting with the principal Sheikhs of the peninsula together with Bulakbashi Abu Gama (who is the best authority in the peninsula on Arab Law), and should submit a report and his recommendation or suggestions concerning the system of justice best suited to the peninsula.

          As regards cases concerning foreigners, i.e., Europeans, at Tor and El Arish, I submit that the present Rules and Regulations remain in force, i.e., their cases will be tried before the Zagazig Courts.

          For Trial of cases concerning Egyptians, Syrians, & c,. and persons who are not European subjects, I submit that the Soudan Penal Code be adopted, and that a Mudir's Court should be composed of the Administrator or his representative, the Nazir, and a well-known and reliable head Sheikh for the trial of serious offences. For the trial of minor offences, I suggest a Summary Court under a British officer.

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