High Court to Review Three Laws Passed by Previous Knesset
Translated & summarized from JDN by baba
The Israeli High Court of Justice is reviewing three laws passed by the previous Knesset concerning religious courts and the Chief Rabbinate. The petitions challenge the authority of rabbinical courts on child support, their role in civil arbitration, and the composition of the body electing Chief Rabbis. No final decisions have been made, and the court has issued orders nisi on two of the petitions, with responses due in 2027. The Yachin Center, which helped draft the laws, stated the Knesset clarified its position on these matters.
The story in 5 lines · by baba
- High Court to review three laws on religious courts and Chief Rabbinate passed by outgoing Knesset.
- Petitions challenge rabbinical courts' authority on child support and civil arbitration.
- Court reviewing electoral assembly composition for Chief Rabbis, including women's quota.
- Legislation followed previous High Court rulings limiting rabbinical court powers.
- Yachin Center assisted in drafting laws, emphasizing Knesset's clarified position.
Three arrangements approved by the outgoing Knesset concerning religious courts and the Chief Rabbinate are still awaiting review by the High Court of Justice (Bagatz). The petitions challenge the authority of rabbinical courts to handle child support within divorce proceedings, the capacity of religious courts to act as arbitrators in civil disputes, and the composition of the body that elects the Chief Rabbis and the Council of the Chief Rabbinate. No final decisions have yet been made on any of these petitions.
Regarding child support in divorce cases, a two-year temporary order passed in November 2025 empowers rabbinical courts to adjudicate child support when it is linked to a divorce claim. This legislation followed a High Court ruling that had limited the courts' jurisdiction in this area. Proponents argue it centralizes divorce matters in a single venue. However, the "Israel Hofsheet" movement contends the arrangement could compel a parent to litigate in rabbinical court without consent. The High Court issued an order nisi on this petition on November 1, with responses due by January 3, 2027.
Concerning arbitration in religious courts, a law approved in March 2026 allows rabbinical and Sharia courts to serve as arbitrators for civil disputes, provided both parties provide written consent and adhere to specified conditions and exceptions. This measure was enacted about twenty years after a ruling established that rabbinical courts require explicit legislative authorization for such arbitration. A hearing has been scheduled for a petition challenging this law.
Regarding the composition of the electoral assembly for the Chief Rabbinate, an amendment to the law established qualification criteria for the ten rabbis who appoint the Chief Rabbis and mandated the inclusion of at least 30 women among the 70 public representatives. The assembly consists of 80 rabbis and 70 public representatives. Petitioners argue that the qualification requirements prevent women from being appointed to the quota of rabbis who select the Chief Rabbis, thereby infringing on equality. The High Court issued an order nisi on this petition in September.
The research institute "Yachin Center" participated in formulating all three legislative initiatives. Rabbis Yair Kartman and Yaakov Yakir, directors of the Law and Courts division at the institute, guided the development of these arrangements and took part in Constitution Committee discussions. The institute stated that the Knesset has explicitly clarified its position on issues raised in previous rulings and that its decisions on matters concerning the status of the courts and the Chief Rabbinate should be given weight.
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