Sources and issues for a new family law
Sources for the family law are headed by the Palestinian Declaration of Independence and the Basic Law. Third in line is a formulation that reads ‘Goals (intentions) of Islamic shari'a and tolerance for the divine religions’.
Here, the drafters amend the Basic Law formulation, replacing the word ‘principles’ (mabadi,) with the word ‘goals’ or ‘intentions’ (maqasid∖ probably in order to focus on the general intentions of shari'a to provide justice and equality for all humans.50 A number of international covenants and declarations, including the Universal Declaration of Human Rights and CEDAW, are then cited.I he document also notes a number of key issues and principles, including women’s rights as human rights, equality and democracy in the family and, interestingly, the consideration of ‘domestic work as productive work’. Rationales for a new Palestinian family law include ending the separation between the West Bank and Gaza, the establishment of the Authority and the Palestinian Legislative Council and the ‘historic role in the national struggle’ of Palestinian women, including their sacrifice as martyrs, deportees and prisoners, which challenge the traditional and conservative view of the role of women.
More on the topic Sources and issues for a new family law:
- In modern family law, issues relating to the custody of children loom large, particularly in the aftermath of divorce.
- Constitutional Recognition of Islamic Family Law and SharLa Courts in Ethiopia: Governmental Strategies to Co-regulate the Plural Family Law Arena
- Chapter 1 dealt with the main sources of Roman private law, in the sense of the formal sources which created it.
- Family Violence, Employment and Anti-Discrimination law: The Challenge for law Reform
- Pluralistic elements of a new family law
- The sources of Islamic law
- Family Violence and Employment Law
- The Doctrine of the Sources of Law
- Some Notable Features of the ‘New’ Islamic Family Law
- The Normative Status of the Sources of Law
- The Reform and Codification of Classical Fiqh Provisions of Family Law[127]
- Towards a new family law: developments and strategies after the model parliament
- The shari'a family law survey
- Weakly Binding Sources of Law
- 2 FAMILY LAW
- Moral autonomy and family law
- 19 Family law and succession
- Frier Bruce W., McGinn Thomas A.J.. A casebook on Roman family law. Oxford University Press,2004. — xxi+506 p., 2004