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The Bedouin Judge, the Mufti, and the Chief Islamic Justice: Competing Legal Regimes in the Occupied Palestinian Territories

Welchman, Lynn (2009) 'The Bedouin Judge, the Mufti, and the Chief Islamic Justice: Competing Legal Regimes in the Occupied Palestinian Territories.' Journal of Palestine Studies, 38 (2). pp. 6-23.

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Abstract

This article examines competing legal frameworks in dispute resolutionin the occupied territories, against the background of weakening central authority, bitter political rivalries, and increasing insecurity on the ground. Two case studies from 2005 are presented — a killing in Gaza and an attempted sexual assault in the West Bank — where the involved parties had recourse to three distinct but overlapping bodies of law, not all of which were part of the formal Palestinian legal system: statutory law, Islamic law, and customary (or tribal) law. The resolution of these cases, while shedding light on the intersection of local politics and alternative legal systems, underscores the challenges of forging a united legal system in a situation of occupation, weak government, and heterogeneous legal heritage.

Item Type: Articles
Additional Information: © 2008 University of California Press. Authorization to copy this content beyond fair use (as specified in Sections 107 and 108 of the U. S. Copyright Law) for internal or personal use, or the internal or personal use of specific clients, is granted by the University of California Press for libraries and other users, provided that they are registered with and pay the specified fee via Rightslink® on [Caliber (http://caliber.ucpress.net/)] or directly with the Copyright Clearance Center, http://www.copyright.com
SOAS Departments & Centres: Faculty of Law and Social Sciences > School of Law
ISSN: 0377919X
Copyright Statement: "Published as Lynn Welchman, "The Bedouin Judge, the Mufti and the Chief Islamic Justice,", Journal of Palestine Studies Vol. XXXVIII, No. 1 (Fall 2008), pp. 6–23 ISSN: 0377-919X; electronic ISSN: 1533-8614.2008 by the Institute for Palestine Studies. Copying and permissions notice: Authorization to copy this content beyond fair use (as specified in Sections 107 and 108 of the U. S. Copyright Law) for internal or personal use, or the internal or personal use of specific clients, is granted by [the Regents of the University of Californiay] for libraries and other users, provided that they are registered with and pay the specified fee via Rightslink® on [Caliber (http://caliber.ucpress.net/)] or directly with the Copyright Clearance Center, http://www.copyright.com."
DOI (Digital Object Identifier): 10.1525/jps.2009.38.2.6
Depositing User: Lynn Welchman
Date Deposited: 17 Aug 2009 11:21
URI: http://eprints.soas.ac.uk/id/eprint/7655

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