|
 Shari Jurisdiction in Palestine is considered as an extension of Islam's message, since prophet Mohammad was the first judge and he himself gave judgments in disputes. Allah says in the holy Koran (so judge between them by what Allah hath revealed and follow not their vain desires)
Shari jurisdiction has a high status and an important role because it is considered as one of the collective duties , as a way of ordering people to do righteous deeds and abandon bad ones , a way of giving judgments , supporting the oppressed ,deterring the oppressors , giving rights back to their owners and conciliating between people .
In order to achieve these noble aims, the department of the supreme judge in Palestine has been established; it is a governmental establishment attached to his Excellency president of Palestine directly. His Eminence the supreme judge, head of the highest council of Shari jurisdiction, head of Sharia Supreme Court, Sheikh Taysir Rajab Tamimi administrates the Shari Jurisdiction in Palestine. The department of the supreme judge has financial and administrative independence like other ministries of the Palestinian National Authority.
Work in Sharia Courts is regulated by several laws:-
1- Shari Procedural Law n. 31 for the year 1959.
2-Shari Procedural Law n. 12 for the year 1965.
3- Personal Status Law n. 61 for the year 1976.
4-Family Rights Law for the year 1954.
5-Orphans' Law n. 69 for the year 1954.
6-Managing and Developing Orphans' Properties Establishment Law.
7-Shari Lawyers Law n. 12 for the year 1952.
These laws are applied in the two wings of the country (the West Bank and Gaza Strip). It is essential to state that there is no contradiction in the origin of the laws because they have one origin (Islamic Sharia ). His Eminence the supreme judge has narrowed the gap between the applied laws in Gaza and the West Bank by resolutions, decrees and circulated notes to the Sharia Courts; he had presented draft law to the Palestinian legislative council in order to unify the Shari Jurisdiction system
طباعة
الخبر - حرر بتاريخ : 28/01/2006 |
