The penal code drafted by Hamas hard-liners in the Gaza Legislative Council has caused widespread debate not only inside Palestinian society, but also among the political and parliamentary leadership of Hamas, because it included forms of punishment such as flogging and hand amputation, in addition to criminalizing acts not mentioned in the current law. 

The presidency of the Palestinian Legislative Council in Gaza has released the draft penal code to civil-society organizations, Palestinian factions and Islamic scholars for discussion prior to its ratification by council members, who all belong to the Hamas movement in Gaza.

Hamas representative to the Legislative Council Yahya Moussa rejected the recently distributed draft law and affirmed that the Legislative Council had twice rejected the proposed formula due to its inclusion of Islamic forms of punishment.

In an interview with Al-Monitor, Moussa said, “We are currently in the national liberation stage. We are not a state and cannot impose Islamic forms of punishment. The priority rests elsewhere, despite our urgent need to amend and discuss the law, but not in its current form.” He added, “This draft was proposed for internal discussion by the parliamentary [Hamas Change and Reform] bloc two years ago, when it was rejected by most members. I do not think that resubmitting the same draft will win its acceptance.”