But the social taboo, which subjects active gays to persecution by both their families and the authorities, is more significant than the legal ban.
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Last year, a high-profile Hamas commander, Mahmoud Ishtiwi, was tortured and shot dead after being accused, among other things, of being gay. Jamil tells about a friend who was imprisoned for three years for being gay, under false accusations of conspiracy with the Palestinian Authority and espionage. He himself spent a month in jail about two years ago — after posting a statement on Facebook in favor of gay rights in Gaza.
During his imprisonment, Jamil says, he was subject to sexual harassment. I threatened to expose him. Eventually he left me alone. The situation in Gaza is not good. Eventually, Jamil adds, his brother started to threaten him and took away his cell phone.
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He only gave it back after eight months, when Jamil promised he would end all of his gay-related ties. The brother is busy with his own life right now and Jamil feels that for the time being, he has more space. But that situation could change. Jamil knows of some eight gay men who fled the Strip in recent years. As far as Jamil knows, at least half of them crossed the Egyptian border in Rafah, paying bribes of thousands of dollar to the guards, before continuing by sea to Europe, with the help of smugglers.
Liza Rozovsky Published on Get email notification for articles from Liza Rozovsky Follow. Published on Open gallery view. A man uses a cell phone illustrative.
LGBT rights in the State of Palestine - Wikipedia
Credit: Getty Images IL. Palestinian protesters are seen as Israeli soldiers take cover behind a sand hill during clashes near the border between Israel and Central Gaza Strip October 15, Credit: Michal Bonano. Egyptian Law Israeli" law and even the informal strictures of the intifada , and finally, the Palestinian National Authority 's Basic law.
The subject of sovereignty is both controversial and unsettled; "neither the PLO nor the PA is recognized as a sovereign state by the United States. The Basic law , established in , is the proposed constitution of a future Palestinian state. The Basic Law is based loosely on Shari'a :. With articles, it is more akin to a state constitution in comprehensiveness, detail and length. The " bill of rights " Articles of the Basic Law, as amended March 19, , cover the following topics:.
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 and the Egyptian law that governed Gaza Strip before , in addition to the Israeli military orders.
Ottoman law has governed Palestine since , and the Ottoman Land Code of is still in force, one of the causes of international controversy over land seizures. This was a system of rules outside the court system, which handles disputes based on traditional oral customs. 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, [9] 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.
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. Civil law used the customary law in Palestine: " Urf covered disputes such as contracts, family disputes, personal injury, and land matters. Through the use of urf , Palestinians use alternative dispute resolution , specifically forms of participatory justice: "This system stressed conciliation, mediation, and family honour.
The Palestinian Land Law is a law that prohibits Palestinians from selling land to citizens of Israel. The punishment for violators is the death penalty. From Wikipedia, the free encyclopedia. Main article: Urf. Main article: Palestinian Land Law. Law portal Palestine portal.
Accessed July 24, October New York State Law Digest. New York State Bar Association : 1. PLO , U. Bauman , S.