The Role of the Shariʿa Court in Divorce in Palestine
Bibliographic Data
| ID | 6147730 |
|---|---|
| Authors | Turid Smith Polfus (0000-0002-4873-2150, University of Oslo, corresponding author) |
| Year | 2020 |
| Volume | 20 |
| Issue | 4 |
| Pages | 372-395 |
| Publication date | 2020-07-03 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Hawwa (JOURNAL) |
| Journal identifiers | ISSN: 1569-2078 • E-ISSN: 1569-2086 |
| Publisher | Brill (PUBLISHER • NL) |
| DOI | 10.1163/15692086-bja10002 |
| OpenAlex | W3039226359 |
| Language | EN |
| Citations received | 1 |
| References cited | 11 |
The article analyzes four decrees from the shariʿa court in Ramallah (2010–13) that introduce procedural reforms regarding divorce, to inquire what role the court envisages for itself as Palestine prepares for statehood. The study finds that the legal maxim “ Ṭalāq is in the hands of the husband,” ergo not the court, ensures that the court does not represent a real alternative to privatized justice, and thus fails to contribute to the state-building process. The court upholds its construction of men as sovereign, over whom the court has no jurisdiction in ṭalāq cases. It regards ṭalāq as a matter between the husband and God. Wives need intermediaries to obtain a unilateral divorce, but the court is reluctant to take on that role
Court of equity · Court of record · Economic Justice · Jurisdiction · Law of the case · Original jurisdiction · Palestine · Political science · Politics · Sociology · Sovereignty · State (computer science · History · Islamic Studies and History · Jewish and Middle Eastern Studies · Law · Multiculturalism, Politics, Migration, Gender
In the House of the Law
Gender and Citizenship in the Middle East
Beyond the Code
Women, the Family, and Divorce Laws in Islamic History
Gender and Equality in Muslim Family Law
Marriage on Trial
Women, Family, and Gender in Islamic Law
Outline of a Theory of Practice
Fiqh Arguments for the Palestinian khulʿ Divorce (before Consummation)
When a Woman's Hurt Becomes an Injury
A New Look at the Agency of Qāḍīs
| Citations per year | 1 |
|---|---|
| Citation span | 2025 - 2025 (1) |
| Highly cited | No |