The legal system of Palestine
One of the most layered legal orders in the atlas, and the fragmentation is the defining fact rather than a detail. Ottoman law, British Mandate ordinances, Jordanian law in the West Bank and Egyptian-administered law in Gaza, Israeli military orders, and Palestinian Authority legislation since 1994 all contribute, and which applies depends on the territory and the subject. Gaza and the West Bank therefore differ substantively — for example in personal status legislation and parts of the criminal law. Since the Legislative Council ceased to function in 2007, most Palestinian legislation has taken the form of presidential decree-laws.
Legal tradition
Palestine belongs to the mixed civil, common and islamic law tradition. One of the most layered legal orders in the atlas, and the fragmentation is the defining fact rather than a detail. Ottoman law, British Mandate ordinances, Jordanian law in the West Bank and Egyptian-administered law in Gaza, Israeli military orders, and Palestinian Authority legislation since 1994 all contribute, and which applies depends on the territory and the subject. Gaza and the West Bank therefore differ substantively — for example in personal status legislation and parts of the criminal law. Since the Legislative Council ceased to function in 2007, most Palestinian legislation has taken the form of presidential decree-laws.
How power is divided
Formally unitary over the West Bank and Gaza Strip. In practice the West Bank is divided into Areas A, B and C under the Oslo arrangements with differing Palestinian and Israeli competences, Area C remaining under Israeli civil and security administration, and Gaza has been separately administered since 2007. East Jerusalem is administered by Israel. The atlas records this fragmentation rather than describing a single uniform jurisdiction.
Where law comes from
- The Basic Law 2002
- Interim constitution; Article 43 is the basis for decree-law legislation.
- Presidential decree-laws
- The dominant form of legislation since the Legislative Council ceased functioning in 2007.
- Jordanian and Egyptian-era law
- Jordanian law subsists in the West Bank, Egyptian-administered law in Gaza.
- British Mandate and Ottoman law
- Still relevant, particularly in land tenure categories.
- Sharia and church law
- Personal status for Muslims and for the recognised Christian communities.
The legal profession
Lawyers are admitted by the Palestinian Bar Association after a law degree and a two-year traineeship, with compulsory membership. Practice is complicated by movement restrictions and by the divergence between West Bank and Gaza law, so practitioners tend to specialise territorially. Sharia court advocacy is separately licensed. Legal aid is provided mainly through the Bar's committees and by non-governmental clinics rather than a state defender service.
Law by topic in Palestine
- Immigration & NationalityNo independent control of entry, and a population registry administered under Israeli approvalThe Palestinian Authority does not control external borders. Entry to the West Bank and Gaza, and changes to the Palestinian population registry, require Israeli approval under the Oslo arrangements.
- Business & CorporateDivergent company law by territory, and a 2021 secured transactions reformCompanies in the West Bank are registered under the Jordanian Companies Law of 1964 as amended; Gaza applies the Mandate Companies Ordinance of 1929. A unified draft companies law has not been enacted.
- Family LawSharia and church courts applying Jordanian and Egyptian-era codesPersonal status for Muslims follows the Jordanian Personal Status Law of 1976 in the West Bank and Egyptian-era family law in Gaza, administered by Sharia courts. Christian denominations administer their own.
- Constitutional LawA Basic Law, a legislature that has not sat since 2007, and rule by decreeThe 2003 Basic Law as amended serves as the constitutional instrument for the Palestinian Authority. The Legislative Council has not convened since 2007 and was dissolved in 2018, so primary legislation is made by presidential decree.
- Tax LawA 15 per cent corporate rate, VAT tied to Israel's by treaty, and clearance revenue dependenceCorporate income tax is 15 per cent, with a reduced rate for some sectors. VAT is set within a band tied to the Israeli rate under the 1994 Paris Protocol, and most revenue is collected by Israel and transferred.
- Civil ProcedureA layered inheritance of Ottoman, Mandate, Jordanian and Egyptian procedureCivil procedure follows Law No. 2 of 2001, which unified previously divergent West Bank (Jordanian) and Gaza (Egyptian and Mandate) rules. Enforcement across the territories and against parties in Israel is the central practical difficulty.
- Property & LandOttoman categories, incomplete registration, and Israeli land administration in Area CLand law rests on Ottoman categories carried through Mandate and Jordanian legislation. Registration is incomplete across much of the West Bank, and Area C land administration is exercised by Israeli authorities.
- Criminal LawTwo penal codes, plus Israeli military law in much of the West BankThe West Bank applies the Jordanian Penal Code of 1960; Gaza applies the Mandate-era Criminal Code Ordinance of 1936. Palestinians in Areas B and C are also subject to Israeli military orders.
- Employment & LabourThe Labour Law 2000, and a workforce partly employed under Israeli permitsLabour Law No. 7 of 2000 governs employment under Palestinian jurisdiction. A large part of the workforce is employed in Israel or in settlements under Israeli permit arrangements, outside its reach.
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