Civil Laws at Palestine
The legal system in Palestine is shaped by a mixture of civil law, Islamic law (Sharia), customary law, and military orders imposed by Israel in certain areas. The structure and application of civil law in Palestine vary depending on the region (West Bank, Gaza Strip) and the governing authority (Palestinian Authority, Hamas). The legal system is influenced by Palestinian national law, as well as laws inherited from previous governing powers, including Ottoman law, British mandate law, Jordanian law, Egyptian law, and Israeli military law.
Here is an overview of civil laws in Palestine:
1. Legal System Overview
Palestine follows a mixed legal system, combining civil law, Islamic law (Sharia), customary law, and some Israeli military orders (in areas under Israeli control). The legal framework in Palestine is largely influenced by the Palestinian Basic Law, international law, and religious laws.
Palestinian Authority (PA): The PA governs areas in the West Bank, where laws are based on Palestinian civil codes, Egyptian laws, and Jordanian laws.
Hamas Government: In Gaza, Hamas administers laws that are based on a mixture of Islamic law, Egyptian law, and Jordanian law, with some influence from Sharia.
Israeli Military Orders: In parts of the West Bank and East Jerusalem, Israeli military orders affect civil law, especially in relation to land ownership, settlement activity, and security.
⚖️ 2. Key Areas of Civil Law in Palestine
📜 Personal Status and Family Law
Marriage:
Islamic Law (Sharia) governs marriage for Muslims. Marriage requires mutual consent, and polygamy is permitted for men under certain conditions (up to four wives).
Christian Marriage: Christian Palestinians are governed by their respective church laws (e.g., Greek Orthodox, Roman Catholic, Protestant).
Civil Marriage: There is no provision for civil marriage in Palestinian law; however, Palestinians can marry civilly abroad and have their marriages recognized in Palestine.
Divorce:
Islamic Divorce: Muslim men can initiate divorce through talaq (divorce), and women can seek divorce through khul' (a process in which the wife returns her dowry).
Christian Divorce: Christian divorce laws vary according to the denomination, but divorce is generally permitted under specific conditions, such as adultery or abandonment.
Civil Divorce: Non-Muslim Palestinians can divorce through civil courts, but divorce procedures are heavily influenced by religious norms.
Child Custody:
In Sharia law, custody is generally awarded to the mother for younger children, with the father obtaining custody as the children grow older.
Christian Law may award custody to the mother or father, depending on the denomination.
Inheritance:
Sharia Inheritance: For Muslims, inheritance is governed by Sharia, with fixed shares for family members. Sons typically inherit more than daughters.
Christian Inheritance: In Christian families, inheritance is determined by religious laws of the specific church or personal wills.
Civil Inheritance: For non-religious Palestinians, inheritance is often governed by civil law or personal wills.
🏠 Property and Land Law
Land Ownership:
Ottoman Land Code (1858) remains influential in the West Bank, though Jordanian laws (pre-1967) and Israeli military orders complicate land ownership and transactions.
In Gaza, Egyptian laws and Jordanian land regulations still apply, though Hamas has made reforms related to land administration.
State Land: The Palestinian Authority controls state-owned land, and land registration is required for transactions. However, land disputes are common, especially regarding land claimed by Israel in the West Bank and East Jerusalem.
Evictions and Settlements: In areas under Israeli control, such as parts of East Jerusalem and Area C of the West Bank, Israeli military orders often allow for evictions and settlement expansion. Palestinians face significant legal challenges in defending land ownership and resisting eviction.
Leases: Palestinian land lease agreements are governed by Palestinian civil law, influenced by Jordanian Rent Laws and Egyptian civil law.
🧑⚖️ Contract and Commercial Law
Contracts: Contract law in Palestine is primarily governed by the Jordanian Civil Code (1960), which applies to both personal and commercial contracts. Contracts must include mutual consent, legal purpose, and consideration to be enforceable.
Commercial Law: The Palestinian Commercial Law (2000) governs business operations in Palestine, including regulations on companies, partnerships, and corporate governance. Businesses can be registered under Palestinian law as limited liability companies (LLCs), joint-stock companies, or partnerships.
Bankruptcy Law: Commercial entities in Palestine may declare bankruptcy under the Palestinian Bankruptcy Law, which governs the liquidation of companies and repayment of creditors.
Intellectual Property: Palestinian law protects intellectual property rights, including trademarks, patents, and copyrights, and Palestine is a member of the World Intellectual Property Organization (WIPO).
💼 Labor and Employment Law
Labor Contracts: The Palestinian Labour Law (2000) regulates employment relationships, requiring written contracts, defined work hours, and specified wages.
Working Hours: Standard working hours are 48 hours per week, with one day off (usually Friday).
Minimum Wage: The minimum wage in Palestine is legislated by the PA, although enforcement can be inconsistent.
Employee Rights: Palestinian employees have rights to sick leave, annual leave, and maternity leave. Employees also have the right to form trade unions and engage in collective bargaining.
Termination of Employment: Employees can be terminated for cause, but unlawful termination can lead to compensation claims under the Palestinian Labour Law.
🏛️ 3. Judicial System in Palestine
Palestine has a multi-tiered judicial system with different courts for various legal matters:
Supreme Court: The Supreme Court of Palestine is the highest judicial authority in the West Bank and is responsible for overseeing civil, criminal, and constitutional matters.
High Court of Justice: The High Court handles matters of constitutional and administrative law, including cases related to Palestinian Authority actions and the Basic Law.
Sharia Courts: Sharia courts are responsible for personal status issues (marriage, divorce, inheritance, and child custody) for Muslims. These courts have their own structure and judges, and their decisions can be appealed to the Supreme Court.
Civil Courts: Civil courts in Palestine handle general civil, commercial, and property disputes. They operate under the Jordanian Civil Code and the Palestinian Civil Procedures Law.
Military Courts: In areas under Israeli military control, military courts handle certain civil and criminal matters, particularly for Palestinians in the West Bank and Gaza.
👥 4. Legal Challenges and Issues in Palestine
Land and Property Disputes: Palestinian landowners often face challenges due to Israeli military orders that can lead to eviction and settlement expansion, especially in the West Bank and East Jerusalem. Many Palestinians are unable to obtain legal redress due to the complex jurisdictional issues between the PA and Israeli authorities.
Gender Equality: Gender-based discrimination remains prevalent, especially in Sharia law-governed areas regarding issues like inheritance, marriage, and divorce. Women often face significant challenges in these areas, despite legal reforms.
Access to Justice: Political instability and the Israeli occupation affect access to justice in Palestine. The division between the West Bank and Gaza Strip complicates legal processes, with two different legal systems in place.
Israeli Military Orders: Palestinians living under Israeli military rule in the West Bank face legal challenges related to Israeli military orders. These orders cover a wide range of issues, including land ownership, residency rights, and security measures, and are often in conflict with Palestinian legal norms.
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