Legal Pluralism in the Southern West Bank: the Impact of Honour as a Factor on Developments towards an Increased Consideration of Rule-of-Law Principles in Clan-Based Justice

Ulrike Qubaja

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Legal Pluralism in the Southern West Bank: the Impact of Honour as a Factor on Developments towards an Increased Consideration of Rule-of-Law Principles in Clan-Based Justice

In: Legal Pluralism in Muslim Contexts

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Ulrike Qubaja

Ulrike Qubaja
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Type:: Chapter

Pages:: 172–198

DOI:: https://doi.org/10.1163/9789004398269_009

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Abstract

The structures of the legally pluralistic setting in the occupied Palestinian territories are typical for Arab societies with a mainly Muslim population and weak state-structures: There are three major legal systems that are clearly perceived as distinct from each other. These are state law, Islamic law and clan-based customary law with Islamic law partly being integrated into state law. The different legal systems inter-depend, overlap, compete and develop in relation to each other. Over the past years a growing impact of certain norms attributable to principles of the rule of law can be perceived on outcomes of clan-based justice and reconciliation, a development that is more difficult to prove regarding cases that relate to the notion of female honour.

Based on empirical data this chapter uses a rationalist approach to investigate cases and survey data that refer to female honour, looking at the impact and stability of honour as a factor and at the question of to what extent this factor resists the challenge to clan-based justice by norms attributable to principles of the rule of law.

It is found that while some impact of norms attributable to principles of the rule of law can be perceived regarding approaches to these cases by different agents, the paramount and stable norm of protecting or restoring honour limits the available choices and justifies methods that would otherwise not be accepted. Combined with a high level of pragmatism on the part of relevant agents, this leads to outcomes which do not reflect any consideration of the principles of the rule of law.

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Legal Pluralism in Muslim Contexts

Series: Studies in Islamic Law and Society, Volume: 49

E-Book ISBN:: 9789004398269

Publisher:: Brill

Print Publication Date:: 02 Apr 2019

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Legal Pluralism in the Southern West Bank: the Impact of Honour as a Factor on Developments towards an Increased Consideration of Rule-of-Law Principles in Clan-Based Justice

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Legal Pluralism in Muslim Contexts

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