In Palestinian areas three types of legislation are applied.

In the Palestinian territories three types of legislation are currently applied, and are destined to be replaced by a new penal code. In the West Bank, the Jordanian Penal Code No. 16 (1960) is enforced, which provides for the death penalty in cases of high treason and murder. The Gaza Strip is under Egyptian Law No. 74 (1936) that imposes the death penalty for the disturbance of internal order. There is also the Palestinian Authority (PA) law that is fairly flexible concerning capital punishment. Those guilty of treason were also sentenced under Article 131/A of the Palestinian Revolutionary Penal Code of 1979. It is worth noting that the Revolutionary Penal Code of Palestine Liberation Organization is unconstitutional in the PNA, as it has not been presented to, nor approved by, the legislature.
Article 327 of the Palestinian National Authority Criminal Procedure Law (#3 2001) requires the submission of an appeal in all cases in which the death penalty or a life prison term has been handed down. The appeal must be submitted to the appeals court in Gaza city within 15 days of the decision. If the appeal is rejected, the death sentence must then be ratified by the President of the Palestinian Authority in order for it to be implemented.
Since the Palestinian Authority was instituted in 1994, fourteen Palestinians have been 'legally' executed, including two people executed in 2001 on charges of collaboration with Israel. However, in the ten years of the ANP, more than 100 convicted or suspected collaborators have been killed by Palestinian militants more often than by official police death squads. Armed and masked activists have broken into private homes, police stations, jails and even courts to get at the alleged or convicted collaborators.
The PA carried out its first execution on August 30, 1998. Two brothers, Raed and Muhammad Abu Sultan, members of the Palestinian military intelligence, were executed by firing squad in Gaza City after receiving a summary and unfair trial before a special military court, only three days after they were charged with committing two killings.
On June 12, 2005, the Palestinian Authority resumed executing those sentenced to death after an interruption of three years. Four men all convicted of murder were executed in Gaza City, three by the gallows and one by firing squad. Ten days after the executions and following international criticism, on June 22, 2005, Mahmoud Abbas asked his justice minister to annul court verdicts against dozens of Palestinians, including some convicted of collaborating with Israel.
In 2002 three people were shot to death, all for murder; in 2003 four people were condemned to death but no executions were carried out; and in 2004, for the second year running, no executions were carried out in Palestine.
The last legal execution in Palestine took place on June 27, 2005, when Raed al-Mughrabi was executed for murder in the jail in Gaza city. This took the total number of executions in 2005 to 5.
 
On December 24, 2008, the Hamas Parliament in the Gaza Strip voted in favour of a law allowing courts to mete out sentences in the spirit of Islam, the London-based Arab daily Al-Hayat reported, saying the decision was "seen as unprecedented," and that it has "brought criticism and concern from human rights organizations in the Gaza Strip."
According to the bill, approved in its second reading and awaiting a third reading before the approval of Palestinian Authority (PA) President Mahmoud Abbas, as the Palestinian constitution demands, courts will be able to condemn offenders to a plethora of violent punitive measures in line with Sharia Law. Such punishments include whipping, crucifixion and hanging.
PA legislators in Gaza denied the reports that they adopted Islamic criminal penalties, saying that there has been no official statement to that effect. Al-Hayat, however, said it was in possession of a proposed law.
On December 25, 2008, Palestinian officials in Gaza denied the adoption of Islamic law, but on November 12, 2008, Al-Rissala reported Muhammad Faraj Al-Ghoul, Justice Minister in Hamas Government of Gaza, saying: “This (Islamic law Penal) code is being discussed at the sessions of the [Palestinian] Legislative Council, for a second reading [vote] … and by Allah’s will, the Council will approve [the code] in accordance with the general interest and the interest of the Palestinian People.” “The code is highly important, and it’s not the first of its kind… similar codes have already been approved, and implemented in a number of Arabic and Islamic states such as Sudan, Yemen, the [Arab] Emirates and Indonesia… I believe that this code is highly important, and by Allah’s will it will be published soon.”