Palestinian law is the law administered by the

Palestinian National Authority The Palestinian Authority (PA), officially known as the Palestinian National Authority (PNA), is the Fatah-controlled government body that exercises partial civil control over the Palestinian enclaves in the Israeli-occupied West Bank as a c ...

within the territory pursuant to the

Oslo Accords The Oslo Accords are a pair of interim agreements between Israel and the Palestine Liberation Organization (PLO): the Oslo I Accord, signed in Washington, D.C., in 1993; and the Oslo II Accord, signed in Taba, Egypt, in 1995. They marked the st ...

. It has an unusually unsettled status, as of 2025, due to the complex

legal history Legal history or the history of law is the study of how law has evolved and why it has changed. Legal history is closely connected to the development of civilizations and operates in the wider context of social history. Certain jurists and his ...

of the area. Palestinian law includes many of the legal regimes and precepts used in Palestinian ruled territory and administered by the Palestinian Authority (West Bank areas A and B) and

Hamas The Islamic Resistance Movement, abbreviated Hamas (the Arabic acronym from ), is a Palestinian nationalist Sunni Islam, Sunni Islamism, Islamist political organisation with a military wing, the Qassam Brigades. It has Gaza Strip under Hama ...

(Gaza Strip), which is not an independent nation-state. The scope of this article is to explain the legal history, context and development of law, the current fields of study of law in Palestinian ruled territory, as well as the state of lawlessness in those territories. It is also to discuss the domestic and international positions on which set of laws are controlling in

Palestinian Palestinians () are an Arab ethnonational group native to the Levantine region of Palestine. *: "Palestine was part of the first wave of conquest following Muhammad's death in 632 CE; Jerusalem fell to the Caliph Umar in 638. The indigenous p ...

ruled territory today. The scope of this article does ''not'' include the legal status or framework of the

Gaza Strip The Gaza Strip, also known simply as Gaza, is a small territory located on the eastern coast of the Mediterranean Sea; it is the smaller of the two Palestinian territories, the other being the West Bank, that make up the State of Palestine. I ...

, ''nor'' individual legal cases and crimes.

Terminology

Due to the changing usages of the terms "Palestine" and "Palestinian" throughout history, the term may also be associated with regimes that are not associated with the Palestinian law of today. Examples include the discussion (in a reference work dating from 1906) of the

Talmud The Talmud (; ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of Haskalah#Effects, modernity, in nearly all Jewish communities, the Talmud was the cen ...

ic interpretation of laws from Palestine before 70 AD, also known as

Halakha ''Halakha'' ( ; , ), also Romanization of Hebrew, transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Judaism, Jewish religious laws that are derived from the Torah, Written and Oral Torah. ''Halakha'' is ...

: "Those of the laws of Palestine that were extended after

the Exile ''The eXile'' was a Moscow-based English-language biweekly free tabloid newspaper, aimed at the city's expatriate community, which combined outrageous, sometimes satirical, content with investigative reporting. In October 2006, co-editor Jake ...

were originally enacted for the purpose of protecting the judicial administration and economic interests of Palestine, and with a view to encourage settlement there." Such references to ancient Palestinian law do not apply to the Palestinian legal situation since at least 1948.

Jurisdictional background

Essentially, says one

legal scholar Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the a ...

, "the legal system in 'Palestine' consists of layer upon layer of law that almost all remain in effect."Wadi Fouad Muhaisen, ''The Palestinian Legal System'' (essay, 2003), found at
The Palestinian Legal System at Yap.com website
. Accessed July 31, 2008 The major issue is the: The laws that applied come from many jurisdictions through history: "Customary Law ... Ottoman Law ... British Law ... Jordanian Law ... Egyptian Law ... Israeli" law and even the informal strictures of the intifada, and finally, the

's Basic Law. The subject of

sovereignty Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate au ...

is both controversial and unsettled; "neither the PLO nor the PA is recognized as a sovereign state by the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

.”, citing ''Waldman v. PLO'', 2016 U.S. App. LEXIS 16089 (2d Cir. Aug. 31, 2016) and '' Daimler AG v. Bauman'', 134 S.Ct. 746 (2014).

Basic Law

The '' Basic Law'', established in 2002, is the proposed

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...

of a future Palestinian state.Mideastweb website
According to one report, "Palestinians had been requesting that the law be signed into effect since 1997, in order to formally guarantee a modicum of basic rights." It was enacted by the PLC (the Legislature of PNA) and signed by

Yasser Arafat Yasser Arafat (4 or 24 August 1929 – 11 November 2004), also popularly known by his Kunya (Arabic), kunya Abu Ammar, was a Palestinian political leader. He was chairman of the Palestine Liberation Organization (PLO) from 1969 to 2004, Presid ...

. It was amended on March 19, 2003 "to allow the creation of the Prime Minister Position in the Palestinian National Authority...."Amended Basic Law, found a
USAID government law website English translation
. Accessed July 24, 2008. The Basic Law is based loosely on

Shari'a Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' ...

: The Basic Law is introduced with "In The Name of God, The Merciful, The Compassionate", as are most documents in Islamic countries.

Articles of the Basic Law

The Basic Law has 121 articles. The "

bill of rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...

" Articles of the Basic Law, as amended March 19, 2003, cover the following topics: # "Palestine is part of the large Arab World ... ." # "The People is the source of power" and the three branches of government enshrines "the principle of

separation of powers The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...

". # States that "Jerusalem is the Capital of Palestine." # Islamic law is the basis, and Arabic is the official language, of Palestine # Creates "a democratic parliamentary system based on political and party pluralism" and a popularly elected President # Recognizes the "principle of the

rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...

". # Regulates citizenship # Defines the official flag # Protects against "discrimination because of race, sex, color, religion, political views, or disability". # Protection of

human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...

# Protection of

freedom Freedom is the power or right to speak, act, and change as one wants without hindrance or restraint. Freedom is often associated with liberty and autonomy in the sense of "giving oneself one's own laws". In one definition, something is "free" i ...

and

procedural due process Procedural due process is a legal doctrine in the United States that requires government officials to follow fair procedures before depriving a person of life, liberty, or property. When the government seeks to deprive a person of one of those in ...

# Rights to "be informed of the reasons for his arrest or detention", to contact an attorney, and a speedy trial ( Miranda rights) # No duress, torture or forced confessions # Rights to be "innocent until proven guilty", to a defense, and to a lawyer for defense # Crime and punishment defined by law # Right to bodily integrity # Prohibition of searches except by lawful order # Freedom of private religious practice. "Freedom of belief, worship, and performance of religious rituals are guaranteed, provided that they do not violate public order or public morals." # Freedom of expression # Freedom of movement # Creation of a

free market economy A market economy is an economic system in which the decisions regarding investment, production, and distribution to the consumers are guided by the price signals created by the forces of supply and demand. The major characteristic of a market ...

and prohibition against taking without fair compensation # Insurance for health, disability, retirement, "welfare of families of martyrs’", and

prisoners of war A prisoner of war (POW) is a person held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold prisoners of war for a ...

# Right to housing # Right to an education

Statutes and legislation

There is some confusion amongst

jurist A jurist is a person with expert knowledge of law; someone who analyzes and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal education in law (a law degree) and often a Lawyer, legal prac ...

s, scholars and laymen about exactly what legal regime exists, and which laws apply, in Palestinian ruled territory. Mahdi Abdul Hadi, a legal scholar, believes that all prior and current law continues to apply in the Palestinian territories, including "the British Mandate laws, the Jordanian laws that used to govern the

West Bank The West Bank is located on the western bank of the Jordan River and is the larger of the two Palestinian territories (the other being the Gaza Strip) that make up the State of Palestine. A landlocked territory near the coast of the Mediter ...

before 1967 and the Egyptian law that governed

before 1967, in addition to the Israeli military orders."Seminar summary notes, ''The Party Law in Palestine'' (Summary of the Seminar organized by PASSIA at Best Eastern Hotel in Ramallah on Political Parties Law and the upcoming PLC elections), found a
Passia.org website
. Accessed July 29, 2008. According to Abdul Hadi, the first step was the organization of "Palestinian civil society", that is, a traditional law, "then came the Madrid Conference and the

which drafted laws to govern the Palestinian political life for the interim period." Following that, "the general elections in 1996 ... brought about the

Palestinian Legislative Council The Palestinian Legislative Council (PLC) is the Unicameralism, unicameral legislature of the Palestinian National Authority, Palestinian Authority, elected by the Palestinians, Palestinian residents of the Palestinian territories of the Wes ...

as the legislative body of the Palestinian people in the Palestinian lands."

Ottoman law The Ottoman Empire was governed by different sets of laws during its existence. The '' Qanun'', sultanic law, co-existed with religious law (mainly the Hanafi school of Islamic jurisprudence). Legal administration in the Ottoman Empire was part ...

has governed Palestine since 1517, and the Ottoman Land Code of 1858 is still in force, one of the causes of international controversy over land seizures. The Ottoman statutory "codification mirrored Islamic law but also incorporated elements of European law, especially the

law of France French law has a dual jurisdictional system comprising private law (), also known as judicial law, and public law (). Judicial law includes, in particular: * () * Criminal law () Public law includes, in particular: * Administrative law ( ...

Judicial and customary law

Islamic customary law applies in Palestinian ruled territory: The term urf, meaning "to know", refers to the customs and practices of a given society. Although this was not formally included in Islamic law,"Urf", ''Encyclopaedia of Islam'' the

Sharia Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' ...

recognizes customs that prevailed at the time of

Muhammad Muhammad (8 June 632 CE) was an Arab religious and political leader and the founder of Islam. Muhammad in Islam, According to Islam, he was a prophet who was divinely inspired to preach and confirm the tawhid, monotheistic teachings of A ...

but were not abrogated by the

Qur'an The Quran, also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation directly from God ('' Allāh''). It is organized in 114 chapters (, ) which consist of individual verses ('). Besides ...

or the tradition (this is called "Divine silence"). Practices later innovated are also justified, since Islamic tradition says what the people, in general, consider good is also considered as such by

God In monotheistic belief systems, God is usually viewed as the supreme being, creator, and principal object of faith. In polytheistic belief systems, a god is "a spirit or being believed to have created, or for controlling some part of the un ...

. Urf is the Islamic equivalent of "

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

".Hasan (2004), p. 169-71 In the application of urf, custom that is accepted into law should be commonly prevalent in the region, not merely in an isolated locality;

s also tend, with caution, to give precedence to custom over doctoral opinions of highly esteemed scholars.

Criminal law

For the most part, crimes and violent acts are considered crimes of violence and fall under the purview of the

criminal justice Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...

system. The Palestinian Authority operates under its own criminal law, such as its Penal Code. In addition, "the Palestinian Authority also imposes the death penalty pursuant to the PLO Revolutionary Penal Code, of 1979." The PNA utilizes both military and special, state security courts for most death penalty cases. The

Age of criminal responsibility The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defence/defense of infancy, which is a form of defense known as an excuse so t ...

in the Palestinian Authority-controlled West Bank is unclear. In Jordan, it was the age of 7 until 2014, when it was raised to 12.

Civil law

Civil law used the customary law in Palestine: "''Urf'' covered disputes such as contracts, family disputes, personal injury, and land matters."

Participatory justice

Through the use of ''urf'', Palestinians use

alternative dispute resolution Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for ...

, specifically forms of participatory justice: "This system stressed conciliation, mediation, and family honour."

Palestinian Land Law

The Palestinian Land Law is a law that prohibits Palestinians from selling land to Jewish citizens of Israel. The punishment for violators is the death penalty.

References

External links

* Boyle, Francis A., ''The Fruits of Faith: Palestine, Palestinians & International Law'', (Clarity Press, Atlanta 2003) se
Bookmasters web site

{{Asia topic, Law of, PL=Palestinian law Politics of Palestine Civil law (common law) Sharia