Full Breakdown
Palestinian Authority Drafts New Constitution Amid Controversy
2/13/2026, 8:37:23 AM
Overview of the Draft Constitution
Palestinian Authority President Mahmoud Abbas has ordered the publication of a draft constitution for a prospective Palestinian state, as announced by the PA's official news agency WAFA. The draft constitution notably omits any mention of Jewish ties to Jerusalem, declaring it the "capital of the State of Palestine" and affirming its status as a political, spiritual, and cultural center. It emphasizes the protection of Jerusalem's religious character and its sanctuaries, while also asserting that any attempts to alter its historical identity are null under international law.
Key Provisions of the Constitution
The draft constitution includes several significant articles. Article IV establishes Islam as the official religion, with Sharia principles as the primary source of legislation, while also recognizing Christianity's special status. Article XXVII promotes equality without discrimination based on personal characteristics, including religion, and Article XXXVII guarantees freedom of belief and the right to practice religious rites.
The constitution also outlines the structure of the Palestinian security forces, emphasizing their role in maintaining public order and prohibiting any non-government sanctioned militias. Additionally, it sets parameters for presidential elections, limiting the president to two five-year terms and establishing eligibility criteria for candidates.
Criticism from Hamas and Other Groups
The draft constitution has faced significant backlash, particularly from Hamas officials. Senior Hamas official Bassem Naim condemned the document as a "violation of the noble rights of our Palestinian people," arguing that it was created under unacceptable circumstances and tailored to the occupier. He criticized the constitution as a failed attempt by the PA to maintain its relevance amid historical developments and called for a rejection of the document.
In contrast, Fatah, the dominant faction within the PA, defended the constitution, asserting that it was crafted with a "purely Palestinian mind" and urged Hamas to apologize for its role in the ongoing division among Palestinians.
Official Statements & Responses
The PA has positioned the draft constitution as a step towards establishing a democratic state based on the rule of law and human dignity. Abbas's administration has invited feedback from citizens, civil society organizations, and political factions to refine the draft within sixty days of its publication.
Conflicting Reports & Gaps
While the draft constitution has been presented as a progressive step, the reactions from various factions highlight a deep divide within Palestinian politics. Critics, particularly from Hamas, argue that the constitution does not adequately represent the needs and aspirations of the Palestinian people, while supporters within the PA view it as a necessary framework for governance.
What's Next
The PA is expected to review feedback on the draft constitution, which may lead to revisions or further debate among Palestinian factions. The ongoing political tensions and the historical context of the Israeli-Palestinian conflict will likely influence the future of this constitutional effort.
