{"title":"The Role of the Shariʿa Court in Divorce in Palestine","authors":"Turid Smith Polfus","doi":"10.1163/15692086-bja10002","DOIUrl":null,"url":null,"abstract":"\nThe 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.","PeriodicalId":42389,"journal":{"name":"Hawwa","volume":null,"pages":null},"PeriodicalIF":0.3000,"publicationDate":"2020-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15692086-bja10002","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Hawwa","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15692086-bja10002","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"HUMANITIES, MULTIDISCIPLINARY","Score":null,"Total":0}
引用次数: 1
Abstract
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.
本文分析了拉马拉伊斯兰教法院(shari - al - a court)于2010 - 2013年颁布的四项法令，这些法令引入了有关离婚的程序改革，以探究法院在巴勒斯坦准备建国时为自己设想的角色。研究发现，法律格言“Ṭalāq掌握在丈夫手中”，而不是法院，确保了法院不能代表私有化司法的真正替代方案，因此未能为国家建设进程作出贡献。法院坚持将人视为主权者，法院在ṭalāq案件中对其没有管辖权。它把ṭalāq看作是丈夫和上帝之间的事。妻子需要中间人才能获得单方面离婚，但法院不愿承担这一角色。
期刊介绍：
Hawwa publishes articles from all disciplinary and comparative perspectives that concern women and gender issues in the Middle East and the Islamic world. These include Muslim and non-Muslim communities within the greater Middle East, and Muslim and Middle-Eastern communities elsewhere in the world. Articles dealing with men, masculinity, children and the family, or other issues of gender shall also be considered. The journal strives to include significant studies of theory and methodology as well as topical matter. Approximately one third of the submissions focus on the pre-modern era, with the majority of articles on the contemporary age. The journal features several full-length articles and current book reviews.
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