The Role of Sharia Court Archives in Preserving the Palestinians’ Legal Heritage During the Zionist Genocidal War and Documenting Its Impact

Abstract

The occupation—regardless of its nature—seeks to weaken the structure of the societies it aims to subjugate and occupy. One of its most detrimental methods of weakening nations is the erasure of memory and the obliteration of legal documentation, facilitating the spread of its fabricated history and narrative. Therefore, nations under the yoke of occupation resist by preserving their memory and safeguarding their historical records, including their legal heritage, with all available means. This resistance is the responsibility of individuals, groups, and institutions alike.

This research shed light on the role of the Sharia judiciary institution in preserving human, legal, and cultural heritage, as it is considered the oldest documentation institution in Palestine. The research employed the descriptive, analytical, and historical methodology by introducing the Sharia courts, the memory and rights contained within their archives, and their policies for safeguarding them from the occupation’s violations, as well as assessing the effectiveness of these policies as demonstrated during the 2023 aggression on the Gaza Strip. The research concluded with several findings, including the significant legal and human value of the Palestinian Sharia courts’ archives, the substantial efforts exerted by the Sharia judiciary institution to protect its documents and archives, its utilization of all available means to achieve this, and its continuous adaptation to technological developments leading to electronic archiving. These efforts further resulted in saving the archives of the Gaza Strip’s Sharia courts from Zionist destruction since October 7, 2023, documenting the effects of the destruction in the Sharia records, and preserving the rights of citizens—particularly the most vulnerable groups in the Gaza Strip—through the measures taken by the Sharia judiciary to safeguard the courts’ archives before and during the destruction.