Hamas’ Islamic court bans women from traveling alone

“Legal notice number (2021/01) regarding a travel ban

After examining Shari’ah law number 2011/13, and clauses 392, 393, and 499 in the personal status law; in accordance with the legal ruling of the Supreme Shari’ah Court Authority in its meeting on Feb. 14, 2021; relying on that which is required for the benefit of the public; and in light of the authorities legally bestowed to us – we hereby issue the following notice:

Clause 1:

A. A father is forbidden from traveling with his minor children who are under the custody of the wives without their agreement. If they agree, a valid document will be issued at the court of first instance that will allow him to travel as appropriate.

B. If the [maternal] guardian does not agree to the father traveling with his children mentioned in the previous paragraph, the father can submit a request against her for permission to travel to the court of first instance, if there is a necessity to travel, and on condition that the procedures determined by law in legal notice number 2020/01 that was issued on Jan. 30, 2020 are carried out.

Clause 2:

If the custody over the minors included in the guardianship of the wives was transferred to the father who divorced his wife and she married another man, and there is no [woman] for the custody to transfer to – the father may travel with his children until the right of custody of the mother, or of her substitute, is restored, on condition that he receives a permit from the court of first instance, and on condition that the procedures determined by law in legal notice number 2020/01 that was issued on Jan. 30, 2020 are carried out.

Clause 3:

One of the parents and the paternal grandfather can prohibit a child over the age of 18 from traveling, if his travel is liable to cause damage, and this is by submitting a lawsuit at the relevant court.

Clause 4:

Travel is forbidden for an unmarried woman who has no children, whether or not she is a widow, without the permission of a guardian who is connected to her. The guardian has the right to forbid her from traveling if her travel causes significant damage, or if there is a legal lawsuit between them necessitating the travel ban, on condition that the procedures recorded in legal notice number 2020/01 that was issued on Jan. 30, 2020 are carried out.

Clause 5:

The relevant parties and all those for whom this notice is relevant must act according to it starting from Feb. 14, 2020, and anything that contradicts it will be nullified.

Written on Feb. 10, 2021.

Respectfully,

Sheikh Dr. Hassan Ali Al-Joujou

Head of the Supreme Council for Shari’ah Justice

Head of the Supreme Shari’ah Court”