Muslims in mixed Israeli cities see higher divorce rates

Published: SEPTEMBER 5, 2023 00:46

Updated: SEPTEMBER 5, 2023 16:16

MUSLIMS, JEWS and Israeli security forces are present on the Temple Mount during Passover and Ramadan. (photo credit: JAMAL AWAD/FLASH90) — MUSLIMS, JEWS and Israeli security forces are present on the Temple Mount during Passover and Ramadan.

(photo credit: JAMAL AWAD/FLASH90)

The Islamic courts of Israel, commonly referred to as Sharia courts, have considerable jurisdiction over family affairs, more so than their religious court counterparts.

The annual activity report from the Sharia Courts Administration, released on Monday, drew attention to a significant trend: mixed (Jewish -Arab) cities such as Jaffa, Acre, and Haifa have seen higher divorce rates, compared to other cities in Israel, through Sharia (Muslim) courts.

Jaffa leads at 51% divorce rate, followed by Acre at 39%, and Haifa at 38%. This compares to the overall national data in Muslim communities, where divorce stood at 29% in 2022.

The Sharia courts have considerable jurisdiction over family affairs, operating under the guidance of their distinct religious establishments. The judges in these courts, known as qadis, are elected directly by the Knesset.

How the Sharia court system gained power in Israel

This arrangement has historical roots, originating in an agreement with the British Mandatory Authorities. Presently, the Sharia court system in Israel is composed of nine regional courts – Sakhnin, Nazareth, Acre, Haifa, Baka al-Gharbiyye, Taiba, Jaffa, Jerusalem and Beersheba, – alongside the Sharia Court of Appeals.

The report noted that in over 36,000 cases opened in 2022 among the Sharia Courts and the Appeals Court, 41% (10,800 cases) related to marriages and 12% (4,268 cases) related to divorces. March saw a peak with the beginning of the wedding season.

Muslim woman, Sara Zoabi, fights for Israel despite death threats. (credit: screenshot)

In other family-related disputes, alimony cases formed 16.5% of the total, while child custody cases constituted 8%. The Sharia Court in Jerusalem stood out in the report, registering approximately 4,000 marriage applications and handling 27% of all cases, establishing itself as a central judicial entity in the national Sharia Court system.

Another noteworthy insight from the report is the case resolution trend: The resolution rate for 2022 stood at 73%, marking an improvement from 72% in 2021 and 70% in 2020. Of these, a commendable 76% were concluded within six months of initiation, and over 90% were settled within a year.

On the legislative front, December 2022 marked the introduction of the Family Disputes Litigation Settlement Law. This law underscores the role of mediation before diving into formal litigation.