ABSTRACT

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.

chapter 1|12 pages

Introduction

part I|35 pages

Historical and Formal Legal Context

chapter 2|14 pages

Shari‘a Courts in Palestine and Israel

A Socio-Historical Review

chapter 3|12 pages

Shari‘a Courts in Israel

The Legal Setting

part II|44 pages

A Court in Motion

chapter 5|10 pages

The Site

chapter 6|16 pages

The Cast of Characters

chapter 7|8 pages

Organizational Routines

chapter 8|8 pages

Doing Ethnography in the Shari‘a Court in West Jerusalem

Some Reflexive Notes

part III|41 pages

The West Jerusalem Shari‘a Court and the Family Court

chapter 10|16 pages

Shari‘a Courts’ Response to Competition

chapter 11|12 pages

Forum Shopping

Where to File a Maintenance Suit

part IV|29 pages

A Tale of Three Courts and One City

chapter 12|14 pages

Three Shari‘a Courts in Jerusalem

chapter 13|14 pages

Forum Shopping between Shari‘a Courts

part V|25 pages

Concluding Discussion

chapter 14|10 pages

Israeli Shari‘a Courts as Pluralistic Organizations

A New Institutional Perspective

chapter 15|14 pages

Empirical and Theoretical Implications