Legal Framework
The PA does not have a constitution; however, the Basic Law provides for religious freedom. The Basic Law was approved in 2002 by the Palestinian Legislative Council (PLC) and signed by then-President Yasir Arafat. The Basic Law states that Islam is the official religion but also calls for respect and sanctity for other "heavenly" religions (such as Judaism and Christianity) and that the principles of Shari'a (Islamic law) shall be the main source of legislation.
The PA requires Palestinians to declare their religious affiliation on identification papers. Either Islamic or Christian ecclesiastical courts handle legal matters relating to personal status. Inheritance, marriage, and divorce are handled by such courts, which exist for Muslim and Christians.
The PA does not have a civil marriage law. Legally, members of one religious group mutually may agree to submit a personal status dispute to a different denomination to adjudicate, but in practice this did not occur. Churches that are not officially recognized by the PA must obtain special permission to perform marriages or adjudicate personal status matters; however, in practice nonrecognized churches advised their members to marry (or divorce) abroad.
Since Islam is the official religion of the PA, Islamic institutions and places of worship receive preferential treatment according to the US Department of State. In the West Bank and Gaza, the PA has a Ministry of Awqaf and Religious Affairs, which pays for the construction and maintenance of mosques and the salaries of many Palestinian imams. The Ministry also provides limited financial support to some Christian clergymen and Christian charitable organizations. The PA does not provide financial support to any Jewish institutions or holy sites in the West Bank; these areas are generally under Israeli control. The Government of Jordan maintains responsibility for Waqf institutions in Jerusalem.
The PA requires the teaching of religion in PA schools, with separate courses for Muslim and Christian students. A compulsory curriculum requires the study of Christianity for Christian students and Islam for Muslim students in grades one through six. The PA Ministry of Education and Higher Education (MOEHE) revised its primary and secondary school textbooks. A U.S. Government funded review of Palestinian textbooks concluded that the textbooks did not cross the line into incitement but continued to show elements of imbalance, bias, and inaccuracy. Critics noted the new textbooks often ignored historical Jewish connections to Israel and Jerusalem.
Read more about this topic: Freedom Of Religion In The Palestinian Territories
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