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About The Sharia Courts
The State of Israel recognized the Sharia courts, their powers and the law in force in accordance with the Rule of Law, and even enacted the Kadies' Law to approve appointments recognized by Kadies who served in the courts before the establishment of the State.
Since the establishment of the State, the Sharia courts have been under the responsibility of the Ministry of Religious Affairs until they were transferred to the purview of the Ministry of Justice on February 21st 2001.
The Sharia courts have existed since the Ottoman Empire, when they served as the court of the state.
The British Mandate left the legal situation that preceded it subject to the changes it introduced, and thus the Sharia courts remained in place, but their powers were limited to matters of personal status of Muslims only.
The powers of the Sharia courts
The powers of the Sharia courts were determined in the Proclamation of the King and his Council for the Land of Israel for 1922 – 1947, in accordance with the Procedure of the Muslim Religious Courts Law for the year 1333 H., as follows:
Matters pertaining to marriage – proof of marriage, marriage permit, marriage confirmation, wedding gift and dowry.
Matters pertaining to divorce – proof of divorce, arbitration, separation and annulment of marriage.
Alimony – wife, son, father and grandfather.
Guardianship and legal competency.
Child support – visitation and hospitality procedures.
Genealogy of minors – paternity.
Management of assets of missing and incompetent persons.
Obedience – domestic peace.
Waqf – endowments.
Prevention of domestic violence – the Prevention of Domestic Violence Law, 5751 – 1991.
Conversion to Islam – the Religious Group (Conversion) Ordinance.
Financial relations between spouses - the Financial Relations Between Spouses Law.