Ref: 58/2006
Date: 21 November 2006
PCHR Organizes a Symposium on the Draft Personal Statute Law in Jabalia
Sharia Court Judges and Interest Groups Attended
The Women’s Unit in PCHR organized a symposium on the draft personal statute law on Tuesday, 21 November 2006, in the Center’s Jabalia branch. A number of Sharia Court Judges, lawyers, and representatives of women’s organizations attended.
Mona El-Shawwa, Director of the Women’s Unit, opened the symposium by welcoming the guests, and explaining the nature of the unit’s work in the areas of legal counseling and representation in Sharia courts and legal awareness through lectures. She pointed that PCHR has drafted a number of observations on the draft personal statute law; and that these observations were born out of the Center’s experience over the years through the work of the Women’s Unit and Fieldwork Unit.
Judge Maher Khodeir from the Sharia High Court and a member of the committee that drafted the personal statute law draft talked on behalf of the Chief Judge Taysir El-Tamimi, who could not attend due to the closure and separation of the Gaza Strip and West Bank. Khodeir talked about the justification of drafting a personal statute law, including the different laws implemented in the Occupied Palestinian Territory, the seniority of the existing laws, gaps in existing laws, and the exceptional circumstances of the Palestinian people requiring legislation that is suitable for the needs of the people. In addition, Khodeir stressed the basis of the draft law, including the establishment that Islamic Law is the sole source of personal statute legislation, and the bylaws and procedures required to make the law practical for judges.
Judge Yassin El-Jomasi, the vice-President of the Sharia High Court, stressed the importance of the personal statute law as the legislation regulating family matters, the cornerstone of society. He stressed that the principles of this law should adhere to the ethics of compassion and love with regards to family and marriage relations. He stressed that articles violating these principles should be taken out of the law. In addition, Judge El-Jomasi stated that the law should learn from the experience of other Arab countries as long as that does not violate the principles of Islamic Law. He also commended PCHR’s role in increasing the awareness of women about their rights in coordination with Sharia courts.
Mr. Samir Hasaneyya, a lawyer in PCHR’s Women’s Unit, talked about the Center’s observations on the draft personal statute law. He indicated that the Centre attempts to ensure that the draft law is in line with international human rights standards, especially those in the Convention on the Elimination of All Forms of Discrimination against Women. Hasaneyya
pointed to PCHR’s observations that included:
– amending the article defining marriage to include the female as a contracting party to the marriage;
– non-differentiation between a virgin and a non-virgin in guardianship;
– removing the required acceptance of the guardian of the marriage;
– requiring that polygamy be subject to a necessity as it constitutes harm to the first wife;
– non-differentiation between males and females in testimony;
– adding a provision outlawing marriage under the age of 18;
– removing the article outlawing a marriage without the guardian’s approval;
– adding a provision that an increase in family allowance should be based on evidence submitted to the court;
– defining an exemption of legal fees for poor women;
– increasing the custody age to 18 years old; and
– giving children the choice of selecting the parent they want to live with after 18.
The symposium also included an open discussion between the audience and Sharia judges on observations on the draft law. And at the end of the discussion, Judge El-Jomasi indicated that the Chief Judge’s office is ready to receive any observations on the law, pointing that these observations will be taken into consideration for the benefit of the public and without violating Islamic Law.
It is noted that this is the second symposium of its kind organized by PCHR. The first one was organized in April 2006 in the Center’s Khan Yunis branch.
