Palestine: Whether the laws or customs of the West Bank require the eldest son to be responsible for the unpaid debts of his deceased father; if so, information on mistreatment or punishment of sons who cannot pay the debts of their fathers
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Publication Date | 26 October 2011 |
| Citation / Document Symbol | PSE103886.E |
| Related Document(s) | Palestine : information indiquant si les lois ou les coutumes de Cisjordanie font en sorte qu'un fils aîné est responsable des dettes impayées de son père décédé; le cas échéant, information sur les mauvais traitements ou les peines infligés aux fils qui ne peuvent pas rembourser les dettes de leur père |
| Cite as | Canada: Immigration and Refugee Board of Canada, Palestine: Whether the laws or customs of the West Bank require the eldest son to be responsible for the unpaid debts of his deceased father; if so, information on mistreatment or punishment of sons who cannot pay the debts of their fathers, 26 October 2011, PSE103886.E, available at: https://www.refworld.org/docid/5121f75b2.html [accessed 4 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
In correspondence with the Research Directorate, a legal researcher at Al-Haq, a Palestinian non-governmental organization based in Ramallah and dedicated to protecting human rights and the rule of law in the Occupied Palestinian Territory (Al-Haq n.d.), stated that when the father of a Palestinian family in the West Bank dies and he was in debt, the inheritance will be used to cover the debt (ibid. 20 Oct. 2011). The legal researcher explained that if the debt is greater than the inheritance, the inheritance will be used to pay off the debt and that "no one" will be held responsible to cover the rest of the debt (ibid.). Therefore, the eldest son will not be responsible for the unpaid debt (ibid.). The legal researcher clarified that the above-mentioned practice accords with the Jordanian law of family status (1976) and applies only to Muslim Palestinians, not to Christians who "follow their own legislation when it comes to family laws" (ibid.).
However, an assistant professor at the Department of Anthropology and Human Rights at Bard College, in New York, whose research focuses on displaced Palestinian social norms and customs, explained, in correspondence with the Research Directorate, that the eldest son is "indeed responsible" for the debts of his deceased father in terms of social norms and customs (Assistant Professor 17 Oct. 2011). The Assistant Professor added that "as the father's second-in-command, the responsibility falls primarily on the eldest son" (ibid.). She observed that he may be excused from this obligation "only" if he suffers from mental health problems or if his financial situation is "dire," in which case the responsibility would be passed on to the remaining sons (ibid.). If the eldest son does not have any brothers, the responsibility is passed on to his sisters (ibid.).
With regard to mistreatment or punishment of sons who cannot pay the debts of their fathers, the Assistant Professor added that, in terms of social norms and customs, "they would certainly face social sanctions and ostracism with the heaviest disapproval being placed on the eldest son" unless he suffers from "serious mental illness or physical disability" (ibid.). In follow-up correspondence, she stated that it is "entirely possible" that creditors would resort to violence to have a debt paid (ibid. 18 Oct. 2011). She noted that, even though this is illegal, authorities in the West Bank are "too weak" to constrain such acts since they are overwhelmed by other security priorities (ibid.). She concluded that she was aware of similar cases occurring among Palestinian refugees from the Galilee currently living in refugee camps in Lebanon (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Al-Haq. 20 October 2011. Correspondence from a legal researcher to the Research Directorate.
_____. N.d. "About Alhaq."
Assistant Professor, Department of Anthropology and Human Rights, Bard College, New York. 18 October 2011. Correspondence with the Research Directorate.
_____. 17 October 2011. Correspondence with the Research Directorate.
Additional Sources Consulted
Oral sources: Attempts to contact independent researchers as well as representatives from the following organizations were unsuccessful: Arab and Islamic Studies, University of Exeter; Canadian Islamic Congress; Department of History, University of California at Berkeley; Department of Religion, Seton Hall University; Department of Sociology and Anthropology, Carleton University; Middle East Institute, Columbia University; Palestinian General Delegation to Canada; School of Oriental and African Studies, University of London; and Sociology of Islam and Muslim Societies, Portland State University.
Internet sites, including: Al-Shabaka, The Palestinian Policy Network; Institute for Palestine Studies; Palestinian Legal and Judicial System, Birzeit University.
