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Legal Pluralism in the Holy City: Competing Courts, Forum Shopping, and Institutional Dynamics in Jerusalem

Legal Pluralism in the Holy City: Competing Courts, Forum Shopping, and Institutional Dynamics in Jerusalem

Author: Ido Shahar
Publisher: Routledge
ISBN: 9781409410522
Published In: July 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book provides an unprecedented portrayal of a lively shari'a court in contemporary West Jerusalem, which belongs to the Israeli legal system but serves Palestinian residents of the eastern part of the city. It draws a rich picture of an intriguing institution, operating in an environment marked by legal pluralism and by exceptional political and cultural tensions. The book suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population.

Based on participant observations in the studied court as well as on textual and legal analyses of court cases and rulings, the study combines history and ethnography, diachronic and synchronic perspectives, and examines broad, macro-political processes as well as micro-level interactions.

The book offers fresh perspectives on the phenomenon of legal pluralism, on shari'a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The work is a valuable resource for academics and researchers working in the areas of Legal Pluralism, Islamic Law, and socio-legal history of the Middle East.

Introduction

Part I

Historical and Formal Legal Context: Shari'a courts in Palestine and Israel: a socio-historical review

Shari'a courts in Israel: the legal setting

Establishment of the shari'a court in West Jerusalem

Part II

A Court in Motion: Ethnographic Portrait: The site

The cast of characters

Organizational routines

Doing ethnography in the shari'a court in West Jerusalem: some reflexive notes

Part III

The West Jerusalem Shari'a Court and the Family Court: Breaking shari'a courts’ monopoly in jurisdiction