The laws in force today in the West Bank come from 5 different sources, reflecting the 5 different authorities (Ottoman, British, Jordanian, Israeli, Palestinian Authority) which have controlled Palestine in the twentieth century. The laws from each previous period continued in force until changed by the subsequent authority.
The laws of the Ottoman empire were used for approximately 400 years until 1917. By the mid-nineteenth century, the Ottoman Empire was being influenced by legal developments in Europe, particularly France, which lead to the codification of many of laws including the Land Code of 1857, and Civil Code (Mejelle in Arabic) which to a great extent are still in force today.
As part of Palestine, the West Bank was occupied from 1918 to 1948 by the British military. During this British Mandate Period, the British government exercised full powers of legislation and administration. The laws in force as of 1917 continued except to the extent that they were subsequently amended or replaced by British Mandate laws. During this 30-year period, there was extensive legislative activity , and some of the laws from this period are still in force today.
After the war of 1948 with Israel, the West Bank came under the control of Jordan. In 1948, the Jordanian Military Governor ordered that all the laws in Palestine were to remain in force except to the extent that such laws contradicted the Jordanian Defence Law of 1935. In 1950, Jordan formally united the East and West Banks of the Jordan River, and stated that the laws in force in the West Bank were to remain in force until replaced by Jordanian law. From 1950 to 1967 the Jordanian Parliament, comprised of an equal number of representatives from both Banks, passed much legislation which moved away from the English common law system, towards a civil law system.
After the Six-Day War of 1967, Israeli forces occupied the West Bank. The military commander of the Israeli occupation forces, and later his delegate in the Civil Administration, have exercised legislative, executive and judicial powers inside the West Bank. The Israel military courts and military committees had complete jurisdiction over certain criminal matters, all land disputes, taxes, natural resources and fiscal matters. Pursuant to military enactments, Israeli settlers inside the West Bank were not subject to local laws but only to Israeli laws. Since June 1967, there have been more than 1,400 military orders issued as well as many more which have never been published.
See Palestinian Self-governing Territories
In summary, the laws in force today in the West Bank are mainly
from the Jordanian period except as amended or revoked by Israeli
military orders. However, certain laws from as far back as the
British Mandate and Ottoman periods are also still in force today.