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The Law and Society: Hebron under Jordanian Rule, 1951-1953
Abstract
Shortly after the 1948 War Jordan took control of central Palestine, which it legally added to the kingdom through legislation in 1951. While Jordanian law was applied to the now renamed “West Bank,” the law and its application underwent changes over the 19-year period in which Jordan controlled this territory. The Jordanian Bar Association was established in 1951 and a Palestinian from the West Bank was elected to serve as the first president of the Association. The Civil Bar Association Law No. 5 of February 6, 1955 revised the guidelines for the Bar Association, including the rights and duties of attorneys, their ethical obligations, and a system of apprenticeship. These two laws, of 1951 and 1955, encapsulate the period of civil jurisprudence. While the law is guided by legislation, this paper explores cases of arrests, drawn on sijillat, from the West Bank city of Hebron during the years 1951-1953. The arrest records offer a rare look at how the Jordanians policed Palestinians living in Hebron at the onset of Jordanian rule in the West Bank. The records are nearly complete for three years, 1951-1953, just as the attorneys were grappling with a new system of laws now that the British Mandate had ended and Jordan emerged as one of the Arab states to take control of Palestinian territory following the war. How would that translate into policing? The arrest records give some indication, some of which reflects the new geographical situation. It became a crime, for example, to “cross into the Jewish areas,” which meant that an individual had to return back to Jordanian territory and be caught. Many Palestinians are known to have crossed the new border between Jordan and Israel in an attempt to harvest their fields or reach their flocks, but the literature does not discuss this as an individual criminal act. Indeed, the Israeli state retaliated against individual actions through violence en masse, a subject about which scholars have written. These arrest records detail how Jordan dealt with individual perpetrators and will be analyzed in the paper. Other categories of arrest included four types of theft as well as animal theft, in addition to murder, attempted murder, and accidental murder. It is premature to say whether Palestinian crime increased under Jordanian rule, but the records offer an exploration into Jordan’s police apparatus in the little studied-Hebron district early in their rule in the West Bank.
Discipline
History
Geographic Area
Palestine
Sub Area
19th-21st Centuries