MAGKIPARAT: A CULTURAL PRACTICE OF PEACE-MAKING, HEALING AND CONFLICT RESOLUTION AMONG THE SAMA’ OF TAWI-TAWI
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Abstract
This study explores the usefulness of magkiparat as the traditional customary practice (addat) of arbitration and mediation in conflict resolution among the Sama Community. The study discusses a unique way of settling disputes between the members of the same family or residents in the same community. It seeks to answer the following questions: What is Magkiparat from the perspective of the Sama’ of Tawi-Tawi? What are its political and socio-cultural implications? This cultural practice is a way of settling petty cases among family members or village residents who will come together to resolve their differences. Disputes are an integral part of man’s existence and commonly occur even among the Sama’ communities in Tawi-Tawi. Disputes arise as a result of differences in opinion, family issues, economic or religious reasons, and other issues. Conflict among the Sama’ of Tawi-Tawi is viewed not as an individual personal case but as a family and community affair. These conflicts result in strained relationships and some cases if unresolved, can lead to the loss of lives and property. Therefore, a dispute settlement mechanism is needed that provides practical options in terms of amicable resolutions. This process is facilitated and arbitrated by a third party who may not necessarily be related by blood or affinity to any of the persons or groups in a dispute, but who has the influence and enjoys the trust and confidence of the individuals in conflict. It is not mandatory for all members of the family to observe the magkiparat. Sometimes this ceremony occurs at the volition of family members or at the instance of a third party to convince both sides (mag-isun-isun) to settle their misunderstanding peacefully. In the observance of the magkiparat, God’s mercy and blessings by an imam (Muslim cleric) are sought to heal the wounds and completely reconcile the parties concerned. In the Muslim community, petty cases may be resolved at the level of the local officials. Magkiparat is exactly the opposite of this. It involves a religious rite or duwa’a offered by an imam or religious leader, which binds the members of the family to respect its observance. Such activity represents a model of cultural value. It needs to be explored and made as a mainstream pattern of behaviour for contending parties to iron out their differences.
Keywords: Magkiparat, arbitration and mediation, peace-making, customary laws, addat, duwa’a, model cultural values, justice and reconciliation, alternative disputes resolution
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