Hamas Legal Body Replaces Courts

21 July 2007

Gaza City: Hamas is replacing Gaza's defunct courts with a legal committee consisting of an Islamic law expert, a military court lawyer and the head of the main prison, a spokesman for the Hamas force policing Gaza announced yesterday.

Hamas said it wouldn't use the committee to impose Islamic law, a concern raised by human rights groups since it seized control of Gaza last month.

Ali Khashan, Justice Minister in the West Bank-based caretaker government installed by Palestinian President Mahmoud Abbas after the Gaza takeover, denounced Hamas's decision. "These steps are illegal," Khashan said.

The legal system in Gaza stopped functioning after Abbas ordered judges, prosecutors and police to stop cooperating with Gaza's new rulers.

Even before the takeover, the judicial system was overburdened and seen as largely ineffective. Many Palestinians instead resorted to tribal law, to decide punishments for various offences committed against family members, from theft to rape and murder.

The three-member legal committee will now deal with hundreds of criminal complaints that would normally have been referred to the courts, said Islam Shahwan, spokesman of Hamas's Executive Force.

Sami Abu Zuhri, a Hamas spokesman, said the committee would not be used to impose Islamic law, but said many Gaza residents want to use Muslim laws to resolve their disputes. Islamic law has long been applied in Palestinian courts, particularly in regulating inheritance, marriage and divorce.

'Temporary'

"Even in the [old] courts, many people used Islamic law with the consent of both parties to resolve their disputes, and the courts would approve such rulings," he said.

Abu Zuhri said the committee is a temporary alternative, until the courts start functioning again.

Issam Younis, head of the Gaza-based human rights group Mezan, said alternatives to the existing courts are unacceptable.

Blair warned against ignoring group

Hamas warned Tony Blair yesterday his credibility as the new international Mideast peace envoy will be damaged if he ignores the organisation.

The former British prime minister was expected in Israel and the West Bank early next week in his maiden visit since his appointment as envoy of the diplomatic Quartet - the United States, European Union, United Nations and Russia.

"We warn the new envoy that any attempt to marginalise the Hamas movement will cost him his credibility," said Hamas hardliner Mahmoud Zahar, a former Palestinian foreign minister.

Further Reading:

Hamas Plans to Replace Defunct Gaza Courts With Legal Committee