It is also to discuss the domestic and international positions on which set of laws are controlling in Palestinian ruled territory today.
"[2] The major issue is the: question of whether the emerging state of Palestine will be capable of overseeing a system of rule of law.
[4] According to one report, "Palestinians had been requesting that the law be signed into effect since 1997, in order to formally guarantee a modicum of basic rights.
[4][5] It was amended on March 19, 2003 "to allow the creation of the Prime Minister Position in the Palestinian National Authority...."[6] The Basic Law is based loosely on Shari'a: According to Article 4: The Basic Law is introduced with "In The Name of God, The Merciful, The Compassionate",[6] as are most documents in Islamic countries.
"[2][7] According to Abdul Hadi, the first step was the organization of "Palestinian civil society", that is, a traditional law, "then came the Madrid Conference and the Oslo Accords which drafted laws to govern the Palestinian political life for the interim period.
Although this was not formally included in Islamic law,[9] the Sharia recognizes customs that prevailed at the time of Muhammad but were not abrogated by the Qur'an or the tradition (this is called "Divine silence").
In addition, "the Palestinian Authority also imposes the death penalty pursuant to the PLO Revolutionary Penal Code, of 1979."
The PNA utilizes both military and special, state security courts for most death penalty cases.
"[2] Through the use of urf, Palestinians use alternative dispute resolution, specifically forms of participatory justice: "This system stressed conciliation, mediation, and family honour.