The West Bank, Gaza and East Jerusalem are, in effect, a group of non-contiguous territories
separated by numerous Israeli checkpoints.
The Palestinian Basic Law makes no distinctions between men and women. However, the
country’s Personal Status Laws are based on religious laws inherited from Jordan (applicable
in the West Bank) and Egypt (applicable in Gaza). In both cases, these laws contain
discriminatory provisions in the areas of marriage, divorce, child custody and inheritance.
The situation of women (and of men) is also affected by Israel’s occupation of the country.
Poverty is widespread, laws are poorly enforced, and security concerns place severe
restrictions on freedom of movement.
Women in the West Bank and Gaza have a relatively low status within the family context.
Various communities within the country have long traditions of early marriage. A 2004 United
Nations report estimated that almost 24 per cent of girls between 15 and 19 years of age were
married, divorced or widowed. The average age at marriage has increased in recent years,
partly because marriage has become unaffordable for many people. A study by Azzouni cites
a 1999 survey conducted by the Palestinian Central Bureau of Statistics (PCBS) which reports
that 55 per cent of women married out of choice, while almost 40 per cent married following
a decision by their parents. In a more recent study, Kuttab indicates that the construction of
the Separation Wall is distorting marriage patterns by making it more difficult for people to
choose spouses from other areas.
Polygamy is legally accepted in the Occupied Palestinian Territories, in accordance with
Islamic law that allows Muslim men to take up to four wives. According to the PCBS, less
than 4 per cent of men had multiple wives in 1997. The Emory University School of Law
draws attention to an important exception: in East Jerusalem, Israeli law prohibits Muslim
Palestinians from entering into polygamous unions.
Analysis of Islamic Personal Status Laws, undertaken by Uhlman, reveals a general
discrimination against women with regards to parental authority. Fathers are considered to be
the natural guardian of children, whereas women are merely physical custodians. A study by
Tabet further specifies that in the event of divorce, mothers normally have the right to physical
custody of sons until the age of ten and of daughters until the age of 12. These periods can
be extended by a judge, but divorced women forfeit custody rights if they remarry. Women
cannot confer citizenship to their children.
Islamic law provides for detailed and complex calculations of inheritance shares. Woman
may inherit from their father, mother, husband or children and, under certain conditions,
from other family members. However, their share is generally smaller than to which men are
entitled. Daughters, for example, inherit half as much as sons. This is commonly justified
by the argument that women have no financial responsibility towards their husband and
children. Women are sometimes pressured into transferring their entire inheritance to their
brothers or other male relatives.
Women in the West Bank and Gaza have a low level of protection for physical integrity.
As in many conflict-ridden areas, violence against women tends to be exacerbated across
the territories. Palestinian women (and men) continuously face the risk of arbitrary arrests,
harassment at checkpoints and verbal abuse. At present, there are no laws to protect
women from domestic violence, and social norms often discourage women from reporting
such incidents. A 2006 PCBS survey on domestic violence showed widespread problems: more than 60 per cent of women indicated they had been psychologically abused by their
husbands, 23 per cent said they had been beaten, and 11 per cent had experienced sexual
violence. So-called honour killings of women are also known to occur. Azzouni reports that,
on average, 20 honour-related crimes are documented each year.
Female genital mutilation is known to be practiced in Gaza, but there are no reports on the
number of women affected.
There is no evidence to suggest that the West Bank and Gaza are regions of concern in
relation to missing women.
Social norms undermine the legal frameworks designed to give women in the West Bank and
Gaza a degree of financial independence. Women have the legal right to access to land and
access to property other than land, but female ownership is low because of social norms that
limit women’s economic activity. A PCBS survey shows that only 5 per cent of women own
(or share ownership of) a piece of land, and less than 8 per cent own (or share ownership of)
property other than land.
Women in the West Bank and Gaza have legal access to credit, and are free to dispose of
their income independently. However, social norms hinder them from engaging in economic
activity and concluding financial contracts. Several women’s organisations are actively
encouraging female entrepreneurship and have helped to establish micro-credit institutions
for women.
To the extent that security threats make it more difficult for women than men to move between
the occupied territories, Palestinian women sometimes have limited physical access to banks
and business partners. This situation can restrict their control over various assets beyond
their immediate vicinity.
The specific status of the West Bank and Gaza limits civil liberties of both women and
men. Freedom of movement, for example, is limited for all citizens. This is more related to
security concerns than to specific legislation. However, women do face particular restrictions
in that they often need their male guardian’s permission to apply for a passport. Recent
amendments to the specific legislation revoked this requirement for women over 18 year of
age, but government officials continue to demand that women provide written consent of
their male guardian. In addition, as shown by Azzouni’s study, Egyptian and Jordanian family
laws contain provisions that can force a woman to return to the house of her husband, should
she have left him against his will.
Women in Palestine have full freedom of dress, but many follow Islamic dress codes and
cover at least their hair.
Azzouni, S. (2005), Women’s Rights in the Middle East and North Africa: Citizenship and Justice
– Palestine Country Report, 2005, Freedom House Inc.
Emory University School of Law, Palestine/Palestinian Territories of West Bank and Gaza Strip,
www.law.emory.edu/ifl/legal/palestine.htm
Kuttab, E. (2007), Social and Economic Situation of Palestinian Women 2000-2006, E/ESCWA/
ECW/2007/Technical Paper 1, 16 February 2007, Economic and Social Commission for Western Asia.
OECD (2006), The Gender, Institutions and Development Data Base, www.oecd.org/dev/gender/gid.
Tabet, G. (2005), Women in Personal Status Laws: Iraq, Jordan, Lebanon, Palestine, Syria, paper
prepared for UNESCO.
Uhlman K, (2004), Overview of Shari’a and Prevalent Customs in Islamic Societies - Divorce and Child
Custody, Expert Law, www.expertlaw.com.
United Nations (2004), Department of Economic and Social Affairs, Population Division, World Fertility
Report, New York.
