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Colonial Cases

El Mufleh v. Khazneh Ibrahim, 1932

[Sharia courts]

El Mufleh v. Khazneh Ibrahim

Court of Appeal, Palestine
Source: The Palestine Bulletin, 8 December 1932




Conflicting Decisions of Sharia Courts

El Mufleh v. Khazneh Ibrahim

Before T. H. the Chief Justice, Khalil and Khayat J.J.

   The Court of Appeal dismissed the appeal brought by the appellant, the widow of El Khleifi living in the Ghor lands, near Tiberias.  Her claim was that when her husband died he left two widows, herself and another woman, each of whom had a child by him.  Soon after the husband's death, the appellant's child, a daughter, died.  The Shari Court in Tiberias in deciding the question of inheritance gave as its judgment that the appellant's child was not entitled to any share in the inheritance as she had died before the distribution of the estate.  The appellant then applied to and obtained from the Sharia Court of Acre a decision to the effect that as the child had survived her father, she was entitled to a share, even though she had died before the distribution of the estate and her share upon such distribution went to her mother as her heir.

   The District Court presided over by His Honour Judge Seton held that as the religious Court of Tiberias had already judged the matter and given their verdict against the appellant, the Court was bound by this decision.  The Judgment of the Sharia Court of Acre which is in compete contradiction to it, was of no effect in this case, although both Courts were applying the same principles to the same facts.  The judgment of the religious Court which had first decided the matter could not be reversed by another Religious Court of equal jurisdiction.

   The Court of Appeal agreed with the District Court and dismissed the appeal with costs.

   Fakhri Eff. Husseini represented the appellant; Mohamed Eff. Tamini, the respondent.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School