Social security for Palestinian women under the applicable personal status law through the implementation of divorce provisions

Authors

  • Dema Faiq Abu Latifa Al-Istiqlal University Author

Keywords:

social security, law, personal status, divorce

Abstract

God Almighty honored man and granted him full rights regardless of sex or color, and this is what the Almighty says: ( وَلَقَدْ كَرَّمْنَا بَنِي آدَمَ) (الإسراء: 70) Islamic law, through its five purposes, was keen to achieve tranquillity and security, whether at the level of the individual or the group, when the Almighty said: ( الَّذِىٓ أَطْعَمَهُم مِّن جُوعٍۢ وَءَامَنَهُم مِّنْ خَوْفٍ) ( قريش: 4) Livelihood and security from fear are one of the greatest worldly blessings, and on the other hand, fear and instability come at the forefront of the types of afflictions mentioned by the Holy Qur'an in سورة (البقرة: 155) (وَلَنَبْلُوَنَّكُم بِشَيْءٍ مِّنَ الْخَوْفِ وَالْجُوعِ) The life created by God is human-centered, so all creatures were subjected to congratulations, stability and security, and the emergence of laws and charters is only a clear indication of the position occupied by each member of society, and as a woman as a member of society, which is responsible for achieving happiness for the rest of the family members and is the main pillar and supporter of everyone around her, the law had to do justice to her and show her and her rights, in order to achieve social security for herself, especially since she is considered one of the marginalized groups. And the poor and weak in some societies, so the researcher deliberately studied the extent to which the Personal Status Law achieves social security for Palestinian women through the implementation of divorce provisions as the protective fence and the first organizer of relations in the family, which is the first source of safety for women, and this coincides with the demand of international charters and conventions to make amendments to the texts of this law, and the researcher has adopted the methodology of descriptive research, through conducting a desk survey (inductive and analytical) In order to trace the historical developments that accompanied the law and build the theoretical framework while giving the character of critical analysis to some of the texts contained therein, interviews were the study tool used for a sample of divorced women. This is done by answering the following main question: To what extent does the Personal Status Law achieve social security for Palestinian women through the implementation of divorce ruling The main question emanates from the following sub-questions: 1. What is meant by social security in the Personal Status Law 2. What are the justifications behind the demand for amending certain paragraphs of the Personal Status Law, especially the age of marriage and divorce? 3. What are the obstacles facing the Sharia judiciary in Palestine with regard to the amendment of certain paragraphs of the law?

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Published

2023-06-30