Progress Amid Resistance

PALESTINE 369guardian, or wali, executes the marriage contract on her behalf, while menare free to act independently. In the absence of a wali, a judge may actas the guardian. To be valid, a marriage contract must have at least onemale witness or two female witnesses. 40 The local interpretation of Shari‘aallows women to make stipulations within their marital contracts, such asthe right to finish their education or work outside the home. However,as a practical matter, prevailing customs discourage women from takingad vantage of this right. For instance, men are reluctant to marry a womanwho has the right to divorce, and families discourage women from addingconditions that may drive away potential husbands.The age of legal capacity for marriage in the West Bank is 15 for girlsand 16 for boys, according to Article 5 of the 1976 Jordanian personalstatus law. In Gaza it is 17 years for girls and 18 for boys, as stipulatedin Article 6 of the 1954 Egyptian law and relevant judicial rulings. Some48 percent of females between the ages of 15 and 19 were married as of2000. 41 As of 2008, the median age at first marriage was 19.5 for womenand 24.8 for men. 42 The gender gap reflects the social perception thatmales are the breadwinners of families and must therefore be more economicallyindependent when they get married.Other social factors influencing women’s choice of marriage partnersinclude religion and the effects of the separation wall. Marriages betweenChristian and Muslim Palestinians are uncommon, although they dooccur. They are generally frowned upon, and Christian women have beenkilled under the pretext of protecting family honor as a result of suchmarriages. 43 Christian men must convert to Islam if they wish to marryMuslim women. While Christian women marrying Muslim men are notobliged to convert, law prevents Christian wives from inheriting from theirhusbands. The fragmentation of the Palestinian territories and the restrictionof Palestinian travel and movement have heavily influenced marriagepatterns. A 2006 survey indicated the emergence of a tendency to choosea spouse from one’s own side of the separation wall or from nearby villagesto avoid family separation. 44 Polygamy is legal for Muslims but rarelypracticed; although men may take up to four wives at one time, less than4 percent exercise this right. 45Men and women have grossly unequal divorce rights. A Muslimhusband may unilaterally divorce his wife without judicial certificationby declaring “I divorce you” three times, a practice known as talaq. By