GAZA CITY, Gaza Strip (AP) – An Islamic court run by Hamas in the Gaza Strip has ruled that women need the permission of a male guardian to travel, allowing movement into and out of the territory led by Israel and Egypt was blocked, further restricted. since the militant group took power.
The setback of women’s rights could cause a setback in Gaza, at a time when the Palestinians plan to hold elections later this year. It could also bolster Hamas’ support for its conservative base at a time when it is criticizing living conditions in the area that has ruled since 2007.
According to the ruling of the Sharia legal council, which was issued on Sunday, an unmarried woman may not travel without the permission of her ‘guardian’, who usually refers to her father or another older male family member. Permission must be registered with the court, but the husband does not have to accompany the wife on the trip.
The language of the verdict strongly implies that a married woman would not have been able to travel without her husband’s approval.
The edict also said that a man could be prevented by his father or grandfather if it would cause ‘serious harm’. But the husband does not have to ask permission in advance, and the family member must file a case to prevent him from traveling.
The ruling is similar to the so-called guardianship laws that have long existed in ultra-conservative Saudi Arabia, where women have been treated as minors requiring the consent of a man, father or even a son to apply for a passport and to travel abroad. The kingdom weakened these restrictions in 2019.
Hassan al-Jojo, head of the Supreme Court, told The Associated Press that the ruling was “balanced” and in line with Islamic and civil laws. He rejected what he called ‘artificial and unjustified noise’ on social media over the edict.
He justified the criterion by previously indicating that girls traveled without the knowledge of their parents and husbands leaving their wives and children without a breadwinner.
Israel and Egypt have largely sealed the borders of Gaza since Hamas took power from rival Palestinian forces in 2007. Israel says restrictions are needed to isolate the militant group, which has waged three wars with Israel, and prevent it from acquiring weapons.
The area is home to about 2 million Palestinians. All Gazans have to undergo a lengthy concession process to travel abroad and rely largely on the Rafah crossing with Egypt, which begins only sporadically. The restrictions make it difficult for people to seek medical care or higher education outside the narrow coastal strip.
The ruling drew criticism on social media, with many accusing Hamas of reversing women’s rights, even as Saudi Arabia eased its restrictions, including allowing women to drive. The Palestinian People’s Party, a small left-wing group, called on Hamas to reverse the decision.
Zainab al-Ghunaimi, an activist who runs a group in Gaza that focuses on women’s rights, said the ruling was in violation of Palestinian basic law, which grants equal rights to adults, and means authorities are ‘deteriorating with the protection of human rights’.
She noted that the same body of law allows a woman to marry at the age of 16 and obtain travel documents on her own.
Hamas has not imposed the kind of harsh interpretation of Islamic law advocated by other armed groups, such as the Islamic State group and the Taliban in Afghanistan. But it has taken some limited steps to enforce the conservative morals of the area, including imposing an Islamic dress code on female lawyers and high school students.