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Women need male guardian to travel, says Hamas court in Gaza Strip

Ruling sparks outrage on social media with many accusing group of rolling back women’s rights

Joe Middleton
Tuesday 16 February 2021 16:04 GMT
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Women hold signs during a protest against the decision by the Sharia Judicial Council banning women from movement in and out of the Gaza Strip without the permission of her “guardian"
Women hold signs during a protest against the decision by the Sharia Judicial Council banning women from movement in and out of the Gaza Strip without the permission of her “guardian" (AP)

Women in the Gaza Strip require the permission of a male guardian to travel, a Hamas-run Islamic court has ruled - prompting a backlash on social media and criticism from women’s rights groups.

The restriction of movement comes as Palestinians plan to hold elections later this year. The controversial court decree could solidify Hamas’ support among its conservative base at a time when it faces criticism over living conditions in the territory it has ruled since 2007.

The ruling sparked outrage on social media, where many accused Hamas of rolling back women’s rights, with the Palestinian People’s Party, a small left-wing group, calling on the group to reverse the decision.

The decision by the Sharia Judicial Council, issued Sunday, says an unmarried woman may not travel without the permission of her “guardian,” which would usually refer to her father or another older male relative.

Permission would need to be registered at the court, but the man would not be required to accompany the woman on the trip.

The language of the ruling strongly implied that a married woman would not be able to travel without her husband’s approval.

Zainab al-Ghunaimi, an activist who runs a Gaza-based group focused on women‘s rights, said the ruling contravenes the Palestinian Basic Law, which grants equal rights to adults, and means that authorities are “going backwards in protecting human rights.

The decree resembles the so-called guardianship laws that long existed in ultra-conservative Saudi Arabia, where women were treated as minors requiring the permission of a husband, father or even a son to apply for a passport and travel abroad.

The kingdom loosened those restrictions in 2019.Hassan al-Jojo, head of the Supreme Judicial Council, told The Associated Press that the ruling was “balanced” and consistent with Islamic and civil laws.

He dismissed what he called “artificial and unjustified noise” on social media about the edict.

Israel and Egypt have largely sealed Gaza’s borders since Hamas seized power from rival Palestinian forces in 2007.

Israel says the restrictions are needed to isolate the militant group, which has fought three wars with Israel, and prevent it from acquiring arms.

The territory is home to some 2 million Palestinians. All Gazans must go through a lengthy permit process to travel abroad and largely rely on the Rafah crossing with Egypt, which only opens sporadically.

The restrictions make it difficult for people to seek medical care or higher education outside the narrow coastal strip.

With Associated Press

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