Towards Regulating Inheritance in Palestine

Drawing on fieldwork, the article investigates the interplay between Shariʿa-based law and tribal laws and practices in light of new procedures regarding inheritance by the Islamic Shariʿa Court, moving towards increased transparency and legal compliance. It uncovers a conflict of norms in that daughters tend to inherit but they rarely inherit their full legal share. Moreover, daughters are expected to renounce their shares in land and productive property in favour of their brothers. Indeed, the discourse disguises the problem: the fiqh (jurisprudence) argument on which the Shariʿa-based law rests, i.e., claims that daughters inherit half of their brother’s share because men have the responsibility to economically support their own families but also their mothers and sisters if needed. In contrast, in Palestine, if daughters claim their inheritance, they lose their right to support from brothers. Since probate is not mandatory and land governance and property registration is deficient, probate remains largely unregulated

Argument (complex analysis · Family law · Inheritance (genetic algorithm · Islam · Palestine · Probate · Property (philosophy · Transparency (behavior · Islamic Studies and History · Jewish and Middle Eastern Studies · Land Rights and Reforms