Israel Passes Law Allowing Rabbinical Courts to Approve Own Rulings

The Knesset has approved a controversial law enabling rabbinical and Sharia courts to act as arbitrators in civil disputes beyond personal status matters, such as rental agreements, employment contracts, and financial disagreements. A significant amendment, added at the last minute, allows these religious courts to approve their own arbitration rulings, bypassing the usual review by a district court.

This new legislation, championed by MK Moshe Gafni and supported by the coalition, expands the authority of religious courts in both procedural and substantive ways, with minimal oversight from civil courts. The Ministry of Justice had previously warned that individuals summoned to arbitration by these religious courts might feel pressured into agreeing to terms and potentially waive rights they are legally entitled to, especially vulnerable populations like women.

Professional analyses, including one from the Israel Democracy Institute, highlight concerns that the law significantly increases the power of religious courts, particularly regarding the approval of arbitration outcomes. There is a fear that parties, especially women who are disproportionately employed in sectors likely to involve such disputes, may feel coerced into relinquishing rights concerning financial matters, including wages, as religious courts have historically been inclined to approve women's waivers of basic rights.

MK Gilad Kariv also raised concerns that municipalities in Haredi (ultra-Orthodox) areas might opt for these religious courts over civil courts for their legal disputes. The Ministry of Justice's professional staff explicitly cautioned during Knesset deliberations that the process could lead to consent that is not freely given, a professional assessment rather than a political stance.