visitor number:  705559

"بســــــم الله الرحــــــــــمن الرحــــــــــــــيم
يقول الله تعالى في القرآن الكريم (وَإِنْ امْرَأَةٌ خَافَتْ مِنْ بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًا فَلَا جُنَاحَ عَلَيْهِمَا أَنْ يُصْلِحَا بَيْنَهُمَا صُلْحًا وَالصُّلْحُ خَيْرٌ وَأُحْضِرَتْ الْأَنفُسُ الشُّحَّ وَإِنْ تُحْسِنُوا وَتَتَّقُوا فَإِنَّ اللَّهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرًا)( النساء 128 )
In the name of Allah the Merciful the Compassionate
Allah says in the Holy Koran (If a wife fears cruelty or desertion on her husband's part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best; even though men's souls are swayed by greed. But if ye do well and practice self-restraint, Allah is well-acquainted with all that you do) (The Women: 128).
Dedication
In the name of Allah the Merciful the Compassionate
We dedicate this humble booklet -issued by the family guidance and conciliation department in the supreme judge department- to the soul of the martyr, teacher, father and leader
Yasir Arafat (may Allah have mercy upon him)
The late president of Palestine
The late chairman of the Palestinian Liberation Organization
Son and symbol of Palestine, constructor of its contemporary national movement and hero of its freedom and independence battles ; who spent his life in supporting and defending the Palestinian cause in the international and regional arenas , facing harm, siege, pursuit and suffering.
By virtue of his care and guidance, the Shari jurisdiction system has been developed and many Shari courts have been constructed, since the arrival of the Palestinian National Authority. He had created many departments which help citizens; one of them is this department (Family guidance and conciliation; this department has been able through short time to achieve tremendous achievements which are represented in stabilizing the marital relations and solving family problems. These achievements portend a promising future for this department, and we hope that all the means would be available in order to give success to its job and achieve its message completely. We are proud to say that one of the achievements of this department is the decrease of divorce rate in the provinces of Palestine in general. We ask Allah to have mercy upon the martyr, brother and leader Yasir Arafat, forgive him and lodge him in His vast heavens with prophets and martyrs and with the righteous and pious.
يقول الله تعالى في القرآن الكريم ( مِنْ الْمُؤْمِنِينَ رِجَالٌ صَدَقُوا مَا عَاهَدُوا اللَّهَ عَلَيْهِ فَمِنْهُمْ مَنْ قَضَى نَحْبَهُ وَمِنْهُمْ مَنْ يَنْتَظِرُ وَمَا بَدَّلُوا تَبْدِيلًا)
Allah says in the Holy Koran (Among the Believers are men who have been true to their Covenant with Allah: of them some have completed their vow (to the extreme), and some (still) wait: but they have never changed (their determination) in the least)
The Supreme Judge Speech
Sheikh Tayseer Rajab Tamimi
Marriage is not only a Shari contraction, which unites man and woman; but it is a sacred covenant which binds man with his beloved wife in the highest human relationship legislated by Allah the Exalted. Due to the important role of the family in keeping social texture solid and vital, Islam has surrounded it with extreme care. It has stabilized the features of divine system full of directions and guarantees, which keep its internal structure, to make its individuals live together overshadowed by tranquility, sincere emotion and warm feelings and enjoy complete peace: peace with soul, which flows in souls, brains and hearts; peace among its individuals saturated by love, mercy and cooperation. Due to the present conditions which our Palestinian people live in, of suffocating siege, murder, destruction and difficult economical situations as a result of the repressive Israeli occupation forces which contradict the divine laws and human rights; all that have affected the Palestinian family and its stability negatively. Due to these changes and developments ,and due to the savage attack, which the Palestinian people is being exposed to, and restrictions,which are imposed on it, the statistics and markers show an increasing rise in the divorce rate and separation cases between the couples ,which threatens and contradicts the spirit and goals of Islamic Sharia.This case brings about worry and warns of danger, so it was very necessary to think about an effective solution which helps in solving this negative phenomenon, keeps the entity and existence of the family and enables it to go with the time safely. The establishment of the family guidance and conciliation department has come to carry out this great task and apply the Quranic directions by reconciliation between the couples, joining between originality and modernity.
The people who need reconciliation most are the individuals of family and couples, and that will keep kinship and protect children. Although the capacities which the department started with were limited, the efforts of its workers and candidates have succeeded and made tremendous result of diligent work and true loyalty; this is a clear indicator of progress towards the goals, which we intended. We ask Allah success for us and for our brothers in this department. May He (through them) keep our Palestinian family and society, so that it would stay as a rock on which all plans which aim to harm it smash and it would add a new main element which will turn over the present struggle.
The Reasons of Establishing the Department:
The most important reason for establishing this department is the Palestinian family and our desire to protect it as much as possible, in addition to the political social and economical changes, the Palestinian people are exposed to and which have affected social and family life negatively; the goal of constructing this department is decreasing as much as possible divorce rate and the number of the family cases referred to Sharia Courts. We hope that this department would be a leading idea which leaves a clear effect in the reality of the Palestinian family, because its job is reconciling and keeping the rights of the family individuals, especially the couples through receiving suitable directions for their behaviors and relationships, also it will help them to overcome disagreements and solve disputes, following the texts of arbitration mentioned in the holy Quran , benefiting from their soul and general meaning and not only understanding their words.
Goals and Hopes:
The Palestinian society needs more efforts which contribute to making it rich, coherent and solid so that it would be able to be steady and resistant in the face of dangers and war which threaten it and aim to uproot it from its land and would be able to confront conspiracies against it; these efforts seek to achieve a group of noble goals which will provide happiness in houses.
A- In the expected future, the department aims to:
• Calm down individuals, decrease anger they suffer from and put out the fire of spite and hatred ignited by disputes.
• Decrease disputes inside family and try to solve them using friendly ways before resorting to courts.
• Give free legal consultations to everyone who needs them in the department or by telephone
• Give suitable advice and consultation for those who need them and answer questions which some revisers inquire about.
• Decrease divorce cases aiming to reach the lowest rates.
• Not to be limited in conciliation to marital disputes but also exceed to all kinds of family disputes
• Give rights without wasting time and effort in prosecution procedures, such as proving the allegation, bringing proofs and accepting or refusing defence and without confronting disagreements aroused in execution departments
• Protect rights agreed upon by writing, certifying and approving them judicially and that after being signed by his eminence supreme judge/sheikh Tayseer Rajab Tamimi; whereas they become executive legal documents which can not be contested before any judicial authority
• Communicate with the parties of the problem directly without any interference of the mediators, which guarantees the speedup in conciliation between them.
b- Some of the far –reaching goals;
• Circulate family culture among our citizens planting higher values which Islam has established for family life and correcting the prevalent concepts around the correct relationship on which the marital life must be based and that is by participating in conferences ,social local activities and mass media .
• Take care of the newly married and teach them about their expected role and their relationships which are based on integration, not on competition or challenge and engage them in training courses which help them in developing the ability to give decisions, open the ways for dialogue and deal well with the other party and confront difficulties hand in hand and solve disputes among themselves in order to get rid of them at their beginning before they become complicated
• Cooperate with civil boards and establishments in the Palestinian society and coordinate with them in common programs in order to enhance the correct family notion in the Islamic conception, as most of the family disputes are due to the wrong understanding of the relationship between the couples and the role of each one of them in the family, since protection is better than cure
• Advance the Palestinian society and that is by saving the efforts and capacities of its citizens to have time for production, development and construction instead of wasting years in disputes and fortunes waste
• Become acquainted with-through field researches and studies-the most important reasons of disagreements between the couples in particular and try to choose basic solutions for them.
• Construct a special site for the department on the internet web in order to offer consultation to the visitors of the site, which will contribute to the support of the department directions and achieve its goals.
The Department Origination:
The idea of guiding the couples to solve their disputes personally before restoring to courts is the result of Islam’s directions to them. This idea came to his eminence the supreme judge-sheikh Tayseer Tamimi- until it took its present form-like other guiding ideas and developing steps which his eminence has adopted in the Shari jurisdiction
1- The starting point
With a recommendation of his eminence the supreme judge sheikh Tayseer Tamimi, the late president Yasir Arafat decided in 30/12/2003 to establish the department in all the Palestinian Sharia courts so that it would help in solving disputes among the individuals of the family and contribute to the protection of the society from breakup and collapse.
Actually, ten branched departments from this department have been opened in the northern and southern provinces; they have started their work since3/1/2004 with the available means in term of suitable places and qualified officers.
2-Steps toward developments:
The establishment of the departments has continued respectively in the other Sharia courts, whether in the West Bank or Gaza Strip; until now in each Sharia court, a department which follows this idea has been opened; now they are about thirty departments in the west bank and Gaza Strip; with the opening of a number of Sharia courts recently, a rise in this number is expected in the coming period
3-The department structure:
a-This department belongs to the supreme judge department directly and the highest authority for it is the head of the supreme court/sheikh Tayseer Rajab Tamimi.
b-The main center of this department is Nablus Western Sharia court/Nablus. The manager of family guidance and conciliation in Palestine is in charge of the department
c-The department has a number of sections in each Sharia court in the west bank and Gaza strip; the head of the guidance section is the one who is in charge of the section
d-Each section has a checkup writer, a computer, a summoner and a waiting hall
4- Features of the workmen and workwomen
To guarantee the success of this department in achieving its desired goals, it is important to be accurate in choosing the qualified staff in order to work in guidance and conciliation
If difficult conditions prevented that, they must get enough amounts of training and preparation in order to be able to perform the role in a good way The staff of this department must have certain conditions
The most important are:
• To have the first university certificate .
• To be specialized in Sharia or law with high education in them both.
• To have necessary education in the fields of psychology, education and social work .
• To be elastic, and to have the ability of giving diverse solutions and ideas.
• To have skills which enable them to interact with others .
• To have the ability of hearing as well as the ability of dialoguing .
• To be patient, tolerant and calm , which will help them to conciliate between the litigants.
• To have complete knowledge in all the rules of personal affairs .
• To have expertise in the works of courts and administrative procedures .
The Work Nature in the Department:
1-The function of the department :
The department is qualified in all family problems referred in its authority to the Shari jurisdiction, leaning on laws and systems applied in the Sharia courts, but the couples problems occupy a wide area of the work of the Sharia courts as well as the work of this department, and they represent the highest rate when compared with other problems
2-Procedures and Machinery
The work in the family guidance and conciliation functions as follows: The department receives the cases through the Shari judge or through personal initiative. The Shari judge is in charge of referring all the cases of family disputes to the department before he studies them or ask for fees or register them in order to make a chance for conciliation between the litigants and guide them; all kinds of expenses cases are excluded; whereas, they are referred to the section which belongs to the department in the court after being registered in order to keep the rights of the plaintiff in obtaining the expenses starting from the date of the application.
• The head meets the complainant alone in a private office so that he could present his problem in an atmosphere of trust, credibility, complete secrecy and freedom without any interference from the other party which may affect the case negatively. The proceedings of the meeting are registered in special reports
• The department tries to calm and guide him, and if the case requires summoning the other party, he should be asked to come in a friendly way. The department does its best in order to reconcile between the two parties even if the matter needs more than one meeting or needs calling any other party who may affect the case positively.
3-The second stage:
• If the section fails to reconcile between the two parties, it tries to lead them to a friendly agreement to solve the case of dispute; if there is an agreement, it is registered according to the form prepared for that and then it is signed by the two parties, two witnesses, head of the department and the Shari judge qualified in that according to the rules of law of procedure applied. The agreement must not be contrary to the Sharia rules or the laws and systems applied
• The document of agreement and reports related to it are referred to the department of the supreme judge in order to be scrutinized, then they are signed by the supreme judge; consequently, the document becomes a judicial one able to be executed and could not be contested or rejected before any judicial authority .
4-The third stage :
If there is neither reconciliation nor agreement between the two litigants, the case is referred to the shari judge according to rules
5-If the complainant does not refer to the department after the consulting or guiding meetings, the reports and files of the meetings are kept in the archives of the department .
Activities and Deeds
The department uses all ways, which enable it to reach its desired goals, such as issuing publications, holding symposiums and lectures and using visible, heard and read mass media.
Some of the activities executed by the department in the previous period: • Issuing an educational publication with the title(Divorce is one of the massive destructive weapons) .
• Issuing two prints about how to make the couples respect and accept each other .
• Participating in a work session with holst center in Gaza .
• Participating in the program /social cases/ al-Aqsa voice broadcast in an episode about expense, custody and sustenance .
• Giving three lectures in the Quran society which belongs to Palestine religious institute (al-Azhar) .
• Participating in a symposium about violence against women held under the patronage of Muftah Establishment and here is an example
about these activities:
""Divorce is one of the massive destructive weapons"" The danger of divorce issue, when it is understood as a game which man amuses himself with, and that marital life has no sacredness or respect -which leads divorce to go out from the purpose which Allah has allowed and considered the most hateful permitted thing; Allah the Exalted wants marital life to be permanent and stable on a condition that it leads to happiness which all the family enjoy, but when the continuity of the marital life means destruction for its happiness , and when every holy tie discontinues and all the ways of reconciliation fail, divorce( the most hateful thing Allah has permitted) becomes the solution, just as a doctor who resorts to surgery when it is necessary
There are no limited reasons for divorce, but all these following reasons together or separated may cause divorce
1- One of the reasons which lead to divorce most and which many people think that it is the main reason for divorce is the wrong choice of the other party. As the prophet(saw)says:(One can marry a woman for four: her fortune, her beauty, her ancestry and her religion, so choose the religious one you will win""; the wisdom also says:"" If a mean person becomes rich, he becomes arrogant; but a noble one is like a branch whenever it has fruits it inclines and bends""
2- Lack of equivalence between the couples.
3- Lack of knowledge of each other before marriage.
4- Economical problems, miserliness of the husband and waste of the wife .
5- Cruelty and violence of the husband or his relatives on the wife.
6- The interference of the relatives of the husband or the wife in the couples .
7- Lack of bearing responsibility of the two parties and lack of understanding between the couples.
8- Turning to marriage on the part of the young man and woman without discussing the details of the common life because the one who turns to marriage does not think about the problems he may face .
9- Lack of love and respect between the couples. When the wife obeys, respects and bears her husband ,the husband must respect and bear his wife .
10-Lack of husband's respect to the wife's rights.
11-Husband's impotence .
12-Young age of the couples .
13-Social disorders which society suffers from like corruption and addiction.
14- Staying up late and absenting oneself from house.
15-Lack of reproduction of children.
Problems and reasons of divorce are a part of human equivalence lack between man and woman. Since childhood, we should not bring up the girl to become a wife and a mother only, but we should bring her up as a human at first and second as a woman who has an effective role in society ,in addition to her eminent role if she is a wife or a mother.
Divorce problem is considered as one of the dangerous social problems which lead to the breakup of family and tearing of the social structure ,in addition to dangerous consequences which may not be limited in family problems only, but it may extend to disputes which cause human losses and which affect children, divorced women and the whole society negatively. The husband should not threaten his wife of divorce whenever there is a dispute between them ,as well as woman, who should not ask for divorce on every occasion; that is insanity, because divorce is not a game for recreation, but it is allowed when all ways of understanding, reconciliation and admonition fail and after the relatives interference of both husband and wife fails to conciliate between husband and wife and if life between them is impossible.
If divorce occurs without justifications, the children will stray and the mother will live in a society which will not have mercy upon her. Divorce is a solution, but it is the most hateful permitted thing. Woman is a mother and not a bondwoman ; a governess and not a slave; a partner of life and not a passing companion, and man is a shipmaster who should not expose it to a violent wind, and sea's elevations or else he would destroy it with every thing on it. After divorce, children lose sense of security, protection and stability and they become as a prey of struggle between their parents, children will suffer the case of belongingness(adoption)which may exceed reason. Whereas, each party competes in order to gain the child to his side, even if he uses attractive ways of bribe, spying, or disfiguring the other picture; and here, the parallel picture of the couples structure smashes in the child's brain leading him to lose them both; the child may try to leave that medium and start to search for another one which may compensate him for love and sympathy he had lost, which may lead him to corrupt companions and the world of crime and corruption.
Some of the negative aftermath of divorce:
1. Children's infection of psychological and physical diseases, corruption in behavior, vagrancy and negligence
2. The divorced woman's infection of psychological diseases
3. Spread of social, moral and behavioral crimes
4. Academic failure of children because of frustration and lack of adaptation in relations with others
5. Negative influence on relatives if the couples are from the same family.
Divorce is a destructive weapon which destroys nations and cultures.
Achievements and Good Omens
• The department estimates its job continually; whereas a monthly meeting is held in the supreme judge department attended by his eminence the supreme judge sheikh Tayseer Tamimi, all the heads of departments and the manager of guidance department , the achievements of a month- done by the departments- are reviewed; the attendants exchange ideas, opinions and suggestions which could be executed during work; they discuss the presented cases, hear the answer for their inquiries and take instructions from his eminence Tayseer Tamimi .
• The departments refer their works in lists and reports to the manager of the department and in turn, he scrutinizes them, reforms them in a united form and prepares the monthly reports and statistics.
• Results with their final form are referred to the department of the supreme judge.
• The results were unexpected; they had indicated the success of the department in achieving its goals; the divorce rate has been decreased in a noticeable way during a standard period. There was a great turning to the department; the department's achievements whether they were on the level of conciliation or guidance or agreement were very high .
Difficulties and Obstacles:
The department faces some difficulties which need multiple effort from the department and its staff in order to decrease their consequences and effects on the desired goals.
The opening of new sections for the department in every court and the construction of a number of courts , in addition to new sections for the department in those new courts by his eminence sheikh Tayseer Tamimi, all these need multiple financial support, new staff and technicians in addition to expenses coverage.
Some of these difficulties
• Sections' need for technicians and staff.
• The need for finance and expense coverage.
• The influence of tribal law in some areas which disagrees most of the time with the goals of the department.
The Department's Needs
Innovating the department in the Sharia courts has added a new type of tasks and services which the court offers for the citizens;This means that its needs are continual. In order to perform its role more effectively, the department needs to provide many of support elements. Some of them are:
• Appointing the technician staff necessary for various sections .
• Holding training courses specialized in many skills and fields-for the staff- in the department.
• Increasing the financial support to cover the necessary expenses and provide the needs .
• Informing society sectors about the function of the department,its goals and positive role which will have a good role in gaining their support.
Translated by:
Hamid Tamimi
Hana Shabaneh"

Supreme judge department

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