Arab customary law in Israel: Sulha agreements and israeli courts

In this article I describe various aspects of the complex link between the Israeli legal system and the Arab customary institution of şulĥa (an agreement for peaceful settlement of a dispute). On the basis of contemporary decisions of the Supreme Court and the District Courts in Israel, I argue that a şulĥa agreement between an accused and his victim (or the victim's family) often influences the judges' decisions during criminal proceedings against the former. This influence tends to work in favor of the accused-mainly in decisions about detention and sentencing-but when a şulĥa agreement affects the verdict, it tends to work against the accused. The weight attached to the şulha by the court has some problematic aspects: it may cause the accused to force a şulha agreement upon his victim and lead to perversion of the course of justice.