التدرج في تطبيق الشريعة الإسلامية:قطاع غزة أنموذجا

Abstract

This research paper comes during a time when Palestine, especially the Gaza Strip, has undergone political transformations that enabled the formation and establishment of the Palestinian government, after winning the legislative elections back in 2006. It was then that the general public alleged that the government did not apply Islamic law (Shariah) once it won the election. This gave way to the emergence of a group of hard-liners, who called for the immediate implementation of the Shariah without delay. In fact, a group of young people began to declare the region of Gaza a separate Islamic state, where the Shariah applied. With that in mind, the researcher examines this issue and the representation of the gradual-application principle in the Shariah’s provisions, specifically in the Gaza Strip. The researcher introduced the concept of gradualization in the application of Islamic law, and then moved on to talk about the rules of applying Islamic law, before mentioning the scopes and fields in which the law can be applied. The researcher places focus on the obstacles faced when it comes to the application of Islamic law, as well as placing forth the ways of confronting these obstacles. The researcher used the descriptive approach and the inductive method to examine the mentioned issues. He studied the reality of the gradual application of Islamic law through a public questionnaire that enabled him to know the Gazan society's impression of gradualism and the main internal and external obstacles to such issue. The public’s response to the questionnaire enabled him define the role of the government and the legislatures, as well get to know the most important efforts made to reform Palestinian society, from the point of view of the Gazans. The most important finding in this study that the gradual application of the Shariah, especially in the Gaza Strip, faces many external and internal obstacles. It is found that the best way to implement the Shariah in the Gaza Strip through gradual application of its provisions as well as constant education of the society to get them familiar with such inherent principles.