Chapter III Patriarchal Society and Violence against Women Introduction It is difficult to discuss social contract theory without considering the regional, cultural and tribal contexts within a society due to their impact on the process of drafting law and rules regulating different aspects of life. Palestine has historically been subjected to the control of several dominant powers (Ottoman Empire, British Mandate, Egyptian Administration, Jordan’s unofficial annexation, Israeli Occupation) which, to different degrees, exercised their legal systems as tools of control and hegemony over the Palestinian people. In some cases, these powers applied their legislation to control the Palestinians, distort their culture and tribal norms for their own benefit. Control and command by these powers has ended, but a large part of their legal legacy remains, and this includes family laws and penal laws. For example, some aspects of Jordanian Penal Law from 1960 is still in force in the West Bank, and some of Mandate Penal Law from 1937 is still in force in the Gaza Strip. Many of these laws embody and promote the patriarchal system, and they do so mainly by giving precedence to the interests of men rather than women, and grant the family the authority in disciplining and punishing those who object to it. Furthermore, it embodies the role of the ruling administrations and protects their interests by imposing penalties contravening human rights, promoting certain cultural practices to penalize opponents of the system and promote the domination of the strong over the weak. This has the effect of dismantling society and turning it into individuals disputing over conflicting interests. This chapter sheds light on the nature of Palestinian society as a patriarchal society where the free will of those in marginalized categories, such as women and children, is lost. It also highlights the role of the patriarchal system in making available the mechanisms of violence against women, and also reveals the misleading allegations that men and women are equal with regard to freedom of choice and will. 19