Ecclesiastical Courts in Palestine: Legal Norms and Problems of Application
With support from the Representative Office of Denmark to the Palestinian Authority (PA), the Institute of Law (IoL) at Birzeit University organised on 10 March 2012 a roundtable meeting on Ecclesiastical Courts in Palestine: Legal Norms and Problems of Application. Held at the Royal Court Suite Hotel in Ramallah, the meeting brought together several senior ecclesiastical court judges, lawyers and specialists.
The roundtable discussion involved two major components: (1) sources of legal norms and the role of IT in streamlined application; and (2) practical problems encountering ecclesiastical courts, especially in respect of limitation of succession cases, bank transactions and execution.
Fr. Dr. Emile Salaytah, Presiding Judge of the Catholic Court in Jerusalem, and Rev. Hosam Naoum, Representative of the Anglican Diocese of Jerusalem, explained sources of legal norms applicable at ecclesiastical courts. As recognised juridical persons, ecclesiastical courts refer to several legal sources, including the Code of Canon Law, Law of Personal Status of 1954, Ecclesiastical Jurisprudence, ecclesiastical decrees and instructions, as well as PA-promulgated laws that regulate functions of ecclesiastical courts. Dr. Salaytah and Rev Naoum also highlighted practical problems and predicaments that face ecclesiastical courts.
The roundtable meeting addressed the role of IT in identifying legal norms and relevant applications. Mr. Ahmed Hamu, Director of the IoL IT Department, made a chronological presentation of the Palestinian Legal and Judicial System (AL-MUQTAFI), starting with paper compilations of legislation and ending with the current operation of the system. Miss Abeer Dirbas, an IoL researcher, highlighted major developments introduced to AL-MUQTAFI overtime. In addition to setting in operation a consolidated legislation database, additional databases have been created and linked to one another. Miss Dirbas reviewed previous efforts made by the AL-MUQTAFI team in collecting items of legislation applied at ecclesiastical courts. To serve all interested groups, Miss Dirbas emphasised important future cooperation with the IoL in order to compile judgements entered by Islamic Shar’ia and ecclesiastical courts and link them to the AL-MUQTAFI databases.
In Component One of the roundtable discussion, Advocate Faisal Jasser presented his personal working experience at ecclesiastical courts. Although they play a pivotal role in administering justice, ecclesiastical courts encounter certain impediments. For example, parties are not represented by lawyers, especially before Ecclesiastical Courts of Appeal.
Component Two focused on limitation of succession cases and bank transactions. Mr. Na’im Abu al Fadhl, Legal Advisor to the Arab Bank, explained the relation between bank accounts and rulings entered by ecclesiastical courts. He also addressed problems associated with cases of seizure, limitation of succession and pertinent disputes.
Mr. Khadher Habash, Legal Advisor to the Latin Church in Jerusalem, reviewed the historical development of laws applicable to Christians in Palestine, focusing on legal provisions regulating limitation of succession and distribution of estate. Advocate Sabbah Sabbah also highlighted matters and problems relating to land transactions and cases of limitation of succession and distribution of estate.
Advocate Raed Abdul Hamid presented execution procedures of ecclesiastical court decisions and the relation between civil execution and implementation of religious court judgements, including those entered by Shar’ia and ecclesiastical courts. In this context, Mr. Abdul Hamid said that the Palestinian Law of Execution adopts several new concepts, including problems of execution. The Law further provides for summary execution of personal status cases.
Finally, participants discussed topics raised in the roundtable meeting and made several recommendations. Discussants asserted that similar events should be organised to address various themes relating to ecclesiastical courts in Palestine. Contact and cooperation need be invigorated between religious courts and academic institutions with the aim to develop and promote the legal environment in Palestine. In conclusion, Dr. Faramand expressed his thanks and gratitude to discussants for their active participation.
