An Islamic court run by Hamas in the Gaza Strip has ruled that women must obtain permission from a male defender to travel, restricting movement in and out of Israel-blocked territory and the Egypt since the militant group seized power.
The reversal of women’s rights could revitalize Gaza at a time when Palestinians plan to hold elections later this year. It could also strengthen Hamas’ s support among its detention base at a time when it is facing criticism over living conditions in the area it has ruled since 2007.
The decision by the Sharia Judicial Council, issued on Sunday, states that an unmarried woman may not travel without the permission of her “defendant,” who would normally refer to her father or another relative. Permission had to be registered in court, but the man would not be required to accompany the woman on the trip.
The ruling language strongly meant that a married woman would not be able to travel without her husband’s consent.
The edict also said a person could be banned from traveling with his father or grandfather if he did “significant harm.” But the man would not need to seek permission in advance, and the relative would have to file a lawsuit to prevent travel.
The rule is similar to the so-called protectionist laws that have long existed in ultra-conservative Saudi Arabia, where women were treated as minors who required the consent of a spouse, father or even a son for passports and travel abroad. The kingdom released these restrictions in 2019.
Hassan al-Jojo, head of the Supreme Judicial Council, told the Associated Press that the ruling was “fair” and consistent with Islamic and civil laws. He dismissed what he called “artificial and unjustified sound” on social media about the edict.
He justified his measurement by naming times in the past where girls met their parents’ ignorance and men had left their wives and children without a bread winner.
Israel and Egypt have largely sealed Gaza’s borders since Hamas seized power from Palestinian rival forces in 2007. Israel says the restrictions are needed to separate the militant group, which has been on three wars. to fight against Israel, and to prevent the acquisition of arms.
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Palestinian members of the Central Electoral Commission will register voters for the upcoming elections
(Photo: AFP)
The area is home to some 2 million Palestinians. All Gazans have to go through a lengthy permit process for overseas travel and rely heavily on the Rafah crossing with Egypt, which only opens from time to time. The constraints make it difficult for people to seek medical care or higher education outside the narrow strip of the coast.
The ruling began criticism on social media, with many accusing Hamas of restoring women’s rights even as Saudi Arabia has reduced its restrictions, including by letting women drive. The Palestinian People’s Party, a small left-wing group, has called on Hamas to reverse the decision.
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Palestinian security forces loyal to Hamas are standing at the Rafah crossroads with Egypt in the southern Gaza Strip
(Photo: AFP)
Zainab al-Ghunaimi, a activist who runs a Gaza-based group that focuses on women’s rights, said the ruling violates Palestine’s Basic Law, which gives equal rights to adults, and that means authorities are “going backwards in protecting human rights.”
She noted that the same legal entity allows a woman to marry at the age of 16 and obtain travel documents on her own.
Hamas did not provide the kind of harsh interpretation of Islamic law promoted by other armed groups, such as the Islamic State group and the Taliban in Afghanistan. But it has taken limited steps to control the conservation benefits of the region, including imposing an Islamic dress code on female lawyers and high school students.