Palestinian law

Due to the changing usages of the terms "Palestine" and "Palestinian" throughout history, the term may also be associated with regimes that are not associated with the Palestinian law of today. Examples include the discussion (in a reference work dating from 1906) of the Talmudic interpretation of laws from Palestine before 70 AD, also known as Halakha: "Those of the laws of Palestine that were extended after the Exile were originally enacted for the purpose of protecting the judicial administration and economic interests of Palestine, and with a view to encourage settlement there." Such references to ancient Palestinian law do not apply to the Palestinian legal situation since at least 1948. ==Jurisdictional background==

Essentially, says one legal scholar, "the legal system in 'Palestine' consists of layer upon layer of law that almost all remain in effect." The major issue is the: The laws that applied come from many jurisdictions through history: "Customary Law ... Ottoman Law ... British Law ... Jordanian Law ... Egyptian Law ... Israeli" law and even the informal strictures of the intifada, and finally, the Palestinian National Authority's Basic Law. ==Basic Law==

The Basic Law, established in 2002, is the proposed constitution of a future Palestinian state. According to one report, "Palestinians had been requesting that the law be signed into effect since 1997, in order to formally guarantee a modicum of basic rights." It was amended on March 19, 2003 "to allow the creation of the Prime Minister Position in the Palestinian National Authority...." The Basic Law is based loosely on Shari'a: The Basic Law is introduced with "In The Name of God, The Merciful, The Compassionate", as are most documents in Islamic countries. Articles of the Basic Law The Basic Law has 121 articles. The "bill of rights" Articles of the Basic Law, as amended March 19, 2003, cover the following topics: • "Palestine is part of the large[r] Arab World ... ." • "The People is the source of power" and the three branches of government enshrines "the principle of separation of powers". • States that "Jerusalem is the Capital of Palestine." • Islamic law is the basis, and Arabic is the official language, of Palestine • Creates "a democratic parliamentary system based on political and party pluralism" and a popularly elected President • Recognizes the "principle of the rule of law". • Regulates citizenship • Defines the official flag • Protects against "discrimination because of race, sex, color, religion, political views, or disability". • Protection of human rights • Protection of freedom and procedural due process • Rights to "be informed of the reasons for his arrest or detention", to contact an attorney, and a speedy trial (Miranda rights) • No duress, torture or forced confessions • Rights to be "innocent until proven guilty", to a defense, and to a lawyer for defense • Crime and punishment defined by law • Right to bodily integrity • Prohibition of searches except by lawful order • Freedom of private religious practice. "Freedom of belief, worship, and performance of religious rituals are guaranteed, provided that they do not violate public order or public morals." • Freedom of expression • Freedom of movement • Creation of a free market economy and prohibition against taking without fair compensation • Insurance for health, disability, retirement, "welfare of families of martyrs’", and prisoners of war • Right to housing • Right to an education == Constitution ==

In February 2026, Palestinian Authority President Mahmoud Abbas published a draft constitution for a proposed Palestinian state, and invited Palestinian citizens, civil society institutions, political forces, experts and academics to comment on the draft. The draft includes 162 articles and, according to Anadolu Agency, is "based on the philosophy and spirit of the Declaration of Independence adopted by the Palestine Liberation Organization in 1988". It stipulates mandatory adherence to United Nations resolutions, international law, and universal human rights standards. The draft expresses pride in Palestinian identity, identifies the Palestinian people as the source of authority and legitimacy, and upholds the rule of law as the chief protector of freedom. The interim constitution is also intended to mark the start of the journey toward Palestinian independence and sovereignty. The draft also designated Islam as Palestine's official religion and also calls for the establishment of Sharia principles to be the "primary source for legislation". ==Statutes and legislation==

There is some confusion amongst jurists, scholars and laymen about exactly what legal regime exists, and which laws apply, in Palestinian ruled territory. Mahdi Abdul Hadi, a legal scholar, believes that all prior and current law continues to apply in the Palestinian territories, including "the British Mandate laws, the Jordanian laws that used to govern the West Bank before 1967 and the Egyptian law that governed Gaza Strip before 1967, in addition to the Israeli military orders." According to Abdul Hadi, the first step was the organization of "Palestinian civil society", that is, a traditional law, "then came the Madrid Conference and the Oslo Accords which drafted laws to govern the Palestinian political life for the interim period." The Ottoman statutory "codification mirrored Islamic law but also incorporated elements of European law, especially the law of France." ==Judicial and customary law==

Islamic customary law applies in Palestinian ruled territory: The term urf, meaning "to know", refers to the customs and practices of a given society. Although this was not formally included in Islamic law, the Sharia recognizes customs that prevailed at the time of Muhammad but were not abrogated by the Qur'an or the tradition (this is called "Divine silence"). Practices later innovated are also justified, since Islamic tradition says what the people, in general, consider good is also considered as such by God. Urf is the Islamic equivalent of "common law". In the application of urf, custom that is accepted into law should be commonly prevalent in the region, not merely in an isolated locality; jurists also tend, with caution, to give precedence to custom over doctoral opinions of highly esteemed scholars. ==Criminal law==

For the most part, crimes and violent acts are considered crimes of violence and fall under the purview of the criminal justice system. The Palestinian Authority operates under its own criminal law, such as its Penal Code. In addition, "the Palestinian Authority also imposes the death penalty pursuant to the PLO Revolutionary Penal Code, of 1979." The PNA utilizes both military and special, state security courts for most death penalty cases. The Age of criminal responsibility in the Palestinian Authority-controlled West Bank is unclear. In Jordan, it was the age of 7 until 2014, when it was raised to 12. ==Civil law==

Civil law used the customary law in Palestine: "Urf covered disputes such as contracts, family disputes, personal injury, and land matters." ==Participatory justice==

Through the use of urf, Palestinians use alternative dispute resolution, specifically forms of participatory justice: "This system stressed conciliation, mediation, and family honour." ==Palestinian Land Law==

The Palestinian Land Law is a law that prohibits Palestinians from selling land to Jewish citizens of Israel. The punishment for violators is the death penalty. ==See also==