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Book
ix, 195 pages ; 25 cm.
  • Chapter 1: Introduction Chapter 2: Islamic Jurisprudence Now, and Then Chapter 3: The Gaza Shari`a Courts: an Overview Chapter 4: The Daily Practice of Judges: Perception vs Reality Chapter 5: The Sociology of Nafaqa (Maintenance) Chapter 6: Obedience, Rebelliousness and Agency Chapter 7: The Articulation of Gendered Parenthood: Care vs Guardianship Chapter 8: Civil Society, Women's Movement and Family Law Reform Chapter 9: Change, a Step at a Time Chapter 10: Epilogue.
  • (source: Nielsen Book Data)9781138194670 20180611
Written from an ethnographic perspective, this book investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine. It examines the way judges, lawyers and litigants operate with respect to the law and with each other, particularly given their different positions in the power structure within the court and within society at large. The book aims at elucidating ambivalences in the codified statutes that allow the actors to find practical solutions to their (often) legally unresolved problems and to manipulate the law. The book demonstrates that present-day judges are not only confronted with novel questions they have to find an answer to, but, perhaps more importantly, they are confronted with contradictions between the letter of codified law and their own notions of justice. The author reminds us that these notions of justice should not be set a priori; they are socially constructed in particular time and space. Making a substantial contribution to a number of theoretical debates on family law and gender, the book will appeal to both academic and non-academic readers alike.
(source: Nielsen Book Data)9781138194670 20180611
Green Library
Book
ix, 195 pages ; 25 cm.
  • Introduction
  • Islamic jurisprudence now and in the past
  • The Gaza Shari'a courts : an overview
  • The daily practice of judges : perception vs reality
  • The sociology of nafaqa (maintenance)
  • Obedience, rebelliousness and agency
  • The articulation of gendered parenthood : care vs guardianship
  • Civil society, women's movement and family law reform
  • Change, a step at a time
  • Epilogue.
Written from an ethnographic perspective, this book investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine. It examines the way judges, lawyers and litigants operate with respect to the law and with each other, particularly given their different positions in the power structure within the court and within society at large. The book aims at elucidating ambivalences in the codified statutes that allow the actors to find practical solutions to their (often) legally unresolved problems and to manipulate the law. The book demonstrates that present-day judges are not only confronted with novel questions they have to find an answer to, but, perhaps more importantly, they are confronted with contradictions between the letter of codified law and their own notions of justice. The author reminds us that these notions of justice should not be set a priori; they are socially constructed in particular time and space. Making a substantial contribution to a number of theoretical debates on family law and gender, the book will appeal to both academic and non-academic readers alike.
(source: Nielsen Book Data)9781138194670 20180611
Law Library (Crown)
Book
47 p. : col. map ; 27 cm.
  • Summary
  • Recommendations
  • Methodology
  • I. The justice system in Gaza. The civilian justice system ; Due process violations during arrest and detention ; Military jurisdiction over civilians ; Detention without charge, denial of access to family members and lawyers ; Arbitrary arrest ; Torture ; Ineffective oversight, fear of complaining
  • II. Case studies. Case files ; Lawyers ; Former Palestinian authority employees ; Execution after torture and unfair trial
  • III. Legal standards
  • Acknowledgments
  • Annex.
"Abusive System: Failures of Criminal Justice in Gaza highlights serious human rights violations by Hamas security services in the Gaza Strip and the failure of the criminal justice system to protect detainees from arbitrary arrest and torture or to punish those responsible for severe abuses. The report is based on interviews with victims and relatives of victims of abuses as well as lawyers and judges, and reviews of case files and court verdicts that included evidence of rights violations. The report documents that Hamas's Internal Security service and civil police have frequently subjected Palestinians to arbitrary arrest, incommunicado detention, and torture. Prosecutors and judges have ignored detainees' due process rights in such cases. With few exceptions, security services have enjoyed impunity from Hamas authorities and the courts for such abuses. The report's case studies show that victims of serious abuses include not only members of Hamas's political rival, Fatah, but also persons suspected of common crimes and detained by civil police. In the light of evidence that the Hamas authorities have executed men whom courts had convicted in part on the basis of confessions secured through torture, Abusive System calls on Hamas to immediately impose a moratorium on the death penalty. Hamas should urgently reform the criminal justice system to end warrantless arrests, ensure that detainees have prompt access to lawyers, end prosecutions of civilians in military courts, and hold accountable security officials who commit violations"--P. [4] of cover.
Green Library
Book
184 p. : col ill., col. map ; 24 cm.
  • Historic background, the Gaza-Egypt border, a gradually closing crossing point
  • Rafah Crossing shuts down, closure tightens
  • The implications of the closure on life in the Gaza Strip
  • The implications of the closure on the health care system in Gaza
  • Who is closing Rafah Crossing
  • Analysis of the parties' responsibility for the closure of Rafah Crossing.
Law Library (Crown)
Book
184 p. : col ill., col. map ; 24 cm.
  • Historic background, the Gaza-Egypt border, a gradually closing crossing point
  • Rafah Crossing shuts down, closure tightens
  • The implications of the closure on life in the Gaza Strip
  • The implications of the closure on the health care system in Gaza
  • Who is closing Rafah Crossing
  • Analysis of the parties' responsibility for the closure of Rafah Crossing.
Green Library