Ref: 44/2008
Date: 23 October 2008
PCHR Women’s Rights Unit Organizes a Workshop on Problems Relative to Suing Cases before Sharia’ Courts
On 23 October 2008, the Women’s Rights Unit at the Palestinian Center for Human Rights (PCHR) organized a workshop entitled “Problems Relative to Suing Cases before Sharia’ Courts” in PCHR’s main office in Gaza City. A number of judges, including Dr. Hasaan al-Jujo, Chief Justice of the Sahria’ Appeal Court; Sheikh Said Abu al-Jbin, Judge in the Sahria’ Appeal Court; Sheikh Salah Hashish, Judge in the Sahria’ Appeal Court; Sheikh Omar Noufal, Inspector of Sharia’ Courts; Sheikh Imad Mdoukh, Judge in Gaza Court; Sheikh Zakareya al-Nadim, Judge in al-Shojaeya Court; Sheikh Aatef al-Teter, Judge in Sheikh Radwan Court; Sheikh Bilal Abu Khater, Judge in Jabalia Court, attended the workshop. The participants included also several Sharia’ lawyers and representatives from women’s and human rights organizations that are active in defending women’s rights.
Mr. Raji Sourani, Director of PCHR, opened the workshop by welcoming the participants and pointing out the seriousness of the work in the Sharia’ Courts to achieve justice for women and maintain their rights. He emphasized the importance of keeping cooperation and coordination between PCHR and Sharia’ Courts in order to support women and ensure their enjoyment of their rights.
Muna Shawwa, Director of PCHR Women’s Rights Unit, introduced the unit and its activities and programs. She explained that PCHR Women’s Rights Unit works on two main programs: legal assistance to women which includes providing legal consultancy to women and representing them before courts; and providing legal awareness to women that aims at making them aware of their rights.
Shawwa pointed out that the workshop aimed at introducing the most significant problems relative to suing cases before Sharia’ Courts, and called upon the participant to propose techniques to overcome such problems.
Lawyer Hanan Matar, from PCHR Women’s Rights Unit, talked in brief about the problems relative to suing cases before Sharia’ Courts, as she experienced throughout 10 years of work with the Sharia’ Courts. She attributed those problems to two main factors: the first factor is relative to Family Law; and the second one is relative to legal and practical procedures that lawyers go through during their work in the Sharia’ Courts. Matar counted the most significant obstacles of suing cases that include: suspending works of the High Sharia’ Court; freezing family counseling and reform services; work techniques in the Sahria’ Appeal Court; relying on non-essential errors to challenge court rulings; and other problems relating to divorce for not paying alimony; separation for abandonment; separation for absence and damage; dowry on inherited property; rights of access to children; and implementation of Sharia’ judgments.
Dr. Hasaan al-Jujo, Chief Justice of the High Sahria’ Appeal Court, praised PCHR and its Women’s Rights Unit for their efforts to support Palestinian women’s rights. He affirmed that the Sharia’ Courts are guided by comments submitted to them to move forward with a clear vision that integrates originality with modernity. Al-Jujo addressed some problems that have been reviewed by Ms. Matar. He explained that the Sharia’ Courts conduct untraditional work. He added that besides being judicial institutions, Sharia’ Courts act as social clinics to relieve the Palestinian families.
The Sharia’ lawyers who participated in the workshop submitted a set of queries and comments relative to the procedures of suing cases before the Sharia’ Courts. They reviewed various problems that they face during their field work as lawyers in Sharia’ Courts, and called for taking their comments into consideration to overcome the problems they face in their work with the Sharia’ Courts.
The participants concluded by submitting a set of recommendations aiming at ensuring conducting work in the Sharia’ Courts away from many obstacles and problems. The submitted recommendations included:
1) Working on amending and unifying the Family Law.
2) Appreciating the announcement of launching the alimony fund to facilitate women access to alimony.
3) Activating article 97 of the Family Law relative to issues of separation for damage.
4) Organizing periodic meetings among the Sharia’ Courts, lawyers and organizations working in the field of women’s rights.
5) Organizing specialized training courses to junior lawyers with participation of the Sharia’ judiciary.
6) Organizing a joint workshop among the Sharia’ judiciary, human rights organizations and the civil judiciary.
7) Activating the role of the media in addressing women’s issues.
8) Implement court ruling related to rights of access to children in specialized centers instead of police stations.
9) Developing a strategy of cooperation and coordination between the Sharia’ Courts and organizations working in the field of women’s rights.
