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The sharia family law in post-Ottoman Palestine (West Bank example)

2024
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Advisor: Doç. Dr. Pehlul Düzenli

Abstract (EN)

The Ottoman legal system was implemented in the regions of Syria, Jordan, Lebanon and Palestine, which were under the administration of the Ottoman Empire for four centuries and were called as Biladush-sham. The authors were divided the Ottoman legal system into two main periods. The first period which was governed by Sharia rules, custom and sultan's edicts from its establishment to the Tanzimat period, and the second period which had a mixed legal system in the form of Sharia and Nezamiyeh courts prevailed from the Tanzimat to the proclamation of republic. The Ottoman Family Law Decree remained in force in the field of a certain period of time in all of the Palestinian territories. The state of Israel was established in 1947 with the British occupation of the region and subsequent settlement of Jews who were brought to the region from different geographies of the world, and hereby, there were changes in the general legal system of the Palestinian people. However, except for a limited number of articles, no changes were made in the rest of historical Sharia practices in the field of family law. In today's Palestinian territories, there are three separate family laws, and Muslims who are living in the region are subject to separate Sharia family law which depends on the region where they live. The "Kânûnu'l-ahvâli'ş-şahsiyye" dated 1976 is in force in the West Bank region, and Egyptian "Kânûnu hûkû'l-aile" is in force in the Gaza region. In the rest of the region, the Ottoman Law on Family Decree and Muhammed Kadri Pasha's work which is called "el-Ahkâmu'ş-şeriyye fi'l-ahvâli'ş-şahsiyye" are implemented by the Sharia courts, as long as it does not conflict with Israeli laws.

Author

Dr. Mehmet Emin Aksoy

How to Cite

Mehmet Emin Aksoy (Master Thesis). The sharia family law in post-Ottoman Palestine (West Bank example), 2024, Yalova University.

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