GAZA CITY, Gaza Strip (AP) – An Islamic court led by Hamas in the Gaza Strip has ruled that women need the permission of a male guardian to travel, further restricting movement inside and outside the territory blocked by Israel and Egypt since the militant group took power.
The reduction of women’s rights could trigger a reaction in Gaza at a time when Palestinians intend to hold elections later this year. It could also strengthen Hamas’ support for its conservative base at a time when it faces criticism over living conditions. on the territory he has led since 2007.
The Sharia Judicial Council decision issued on Sunday says an unmarried woman cannot travel without the permission of her “guardian,” who usually refers to her father or another older relative. The permit should be registered in court, but the man will not be required to accompany the woman on the trip.
The language of the judgment strongly suggested that a married woman could not travel without her husband’s approval.
The edict also said that a man could be prevented from traveling by his father or grandfather if he caused “serious injuries”. But the man should not seek prior permission, and the relative should file a lawsuit 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 were treated as minors with the permission of a husband, father or even a son to apply for a passport and travel abroad. The kingdom eased these restrictions in 2019.
Hassan al-Jojo, head of the Supreme Judicial Council, told the Associated Press that the ruling was “balanced” and in line with Islamic and civil law. He rejected what he called “artificial and unjustified noise” on social media about the edict.
He justified the measure by citing previous cases in which girls had traveled without their parents’ knowledge and men left their wives and children without a maintenance.
Israel and Egypt have largely sealed off Gaza’s borders since Hamas seized 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 the acquisition of weapons.
The territory is home to about 2 million Palestinians. All Gazans have to go through a long authorization process to travel abroad and rely heavily on Rafah’s crossing with Egypt, which opens only sporadically. Restrictions make it difficult for people to seek medical care or higher education outside the narrow coastal strip.
The ruling has drawn criticism on social media, with many accusing Hamas of reducing women’s rights even though Saudi Arabia has eased restrictions, including allowing women to lead. The Palestinian People’s Party, a small left-wing group, has called on Hamas to reverse the decision.
Zainab al-Ghunaimi, an activist leading a women’s rights group in Gaza, said the ruling was in violation of the Palestinian Fundamental Law, which grants equal rights to adults and means that authorities “go back to protecting human rights.”
She mentioned that the same legal body allows a woman to marry at the age of 16 and obtain travel documents on her own.
Hamas has not imposed such harsh interpretations of Islamic law on other armed groups, such as the Islamic State group and the Taliban in Afghanistan. But it has taken some limited steps to impose conservative morals on the territory, including imposing an Islamic dress code on women lawyers and high school students.