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9 - West Bank and Gaza Personal Status Law

Published online by Cambridge University Press:  18 May 2023

By
Jonathan Kuttab  and
Adrien K. Wing
Edited by
Adrien K. Wing  and
Hisham A. Kassim
Adrien K. Wing
Affiliation:
University of Iowa
Hisham A. Kassim
Affiliation:
Kassim Legal, PLLC, Washington, DC
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Summary

Palestinians fall under a dizzying array of laws and courts, which adjudicate their personal status matters. The specific court or law that applies depends both on the religious/communal identity of the person and the area in which the person lives. Those who are residing in the State of Israel as it existed before 1967 are governed by Israeli laws. The Palestinians living in East Jerusalem have also been under Israeli law since the 1967 Occupation. This chapter concerns the personal status law for those Palestinians who are living in the two other main areas – the West Bank and Gaza. Those living in the West Bank are governed by Jordanian Personal Status Law. Those in Gaza are governed by the Egyptian Law on Family Rights. Unfortunately, it does not appear that the respective family laws will be unified in the near future given political and legislative paralysis in Palestine.

Keywords

customary lawIslamic law
Type
Chapter
Information
Family Law and Gender in the Middle East and North Africa
Change and Stasis since the Arab Spring
 , pp. 164 - 186
Publisher: Cambridge University Press
Print publication year: 2023

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