Changing Personal Status Codes as a Discriminated Minority: Aspirations and Pitfalls Around the Possibility to Amend the 1917 Ottoman Law of Family Rights for Muslim Palestinians in Israel

Abstract The article contributes to scholarly discussion of the codification of Islamic law in modern times by looking at the case of the codification and application of Islamic family law in Israel. It focuses on the debate that arose around a proposal of a new family rights’ law for Muslims in Israel by Palestinian Muslim feminists in 2015. After presenting the personal status legislation applying in Sharīʿa Courts in Israel and neighbouring realities, the article looks, through the analysis of declarations by legal and political actors in the media, at the main points of criticism leading to the termination of the debate around the draft law. By reading the events through the lens of Karayanni’s ‘thin’ and ‘thick’ concepts of group rights for the Palestinian minority and of Ashqar-Sharary and Abu-Rabia-Queder’s analysis, the article considers how the structural discrimination of the Palestinian community influences the discussion on Muslim women’s rights in the country.

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Publication Details

Journal
Arab Law Quarterly
Published
2025-03-11
DOI
https://doi.org/10.1163/15730255-bja10183
Primary Topic
Islamic Studies and History
Type
article
Field-Weighted Citation Impact
0.00

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article

Changing Personal Status Codes as a Discriminated Minority: Aspirations and Pitfalls Around the Possibility to Amend the 1917 Ottoman Law of Family Rights for Muslim Palestinians in Israel

Nijmi Edres
Arab Law Quarterly
Islamic Studies and History
article

Changing Personal Status Codes as a Discriminated Minority: Aspirations and Pitfalls Around the Possibility to Amend the 1917 Ottoman Law of Family Rights for Muslim Palestinians in Israel

Nijmi Edres
article en

Abstract

Abstract The article contributes to scholarly discussion of the codification of Islamic law in modern times by looking at the case of the codification and application of Islamic family law in Israel. It focuses on the debate that arose around a proposal of a new family rights’ law for Muslims in Israel by Palestinian Muslim feminists in 2015. After presenting the personal status legislation applying in Sharīʿa Courts in Israel and neighbouring realities, the article looks, through the analysis of declarations by legal and political actors in the media, at the main points of criticism leading to the termination of the debate around the draft law. By reading the events through the lens of Karayanni’s ‘thin’ and ‘thick’ concepts of group rights for the Palestinian minority and of Ashqar-Sharary and Abu-Rabia-Queder’s analysis, the article considers how the structural discrimination of the Palestinian community influences the discussion on Muslim women’s rights in the country.

Arab Law Quarterly
University of Bern (CH)
Trond Mohn stiftelse
Openalex Percentile: Top 95%
Islamic Studies and History
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Changing Personal Status Codes as a Discriminated Minority: Aspirations and Pitfalls Around the Possibility to Amend the 1917 Ottoman Law of Family Rights for Muslim Palestinians in Israel — Nijmi Edres · Arab Law Quarterly (2025) | TGRS Research Map | TGRS