Israel Expands Rabbinical Courts' Authority Over Divorce and Financial Disputes

In March 2026, the Israeli Knesset approved the Religious Courts Jurisdiction (Arbitration) Law, significantly expanding the powers of rabbinical courts. This law allows these courts to adjudicate civil disputes, including financial conflicts between divorcing couples, granting their rulings enforceable status without requiring civil court approval. Previously, rabbinical courts held exclusive authority over granting a Jewish divorce (get), but related matters such as alimony, property division, and child custody were typically handled by family courts.

Under the new law, couples can now transfer financial disputes to rabbinical arbitration even without initiating a full divorce proceeding. They may also include arbitration clauses in prenuptial or marital agreements specifying that monetary disputes will be resolved according to Jewish law. Decisions made by rabbinical courts in arbitration are directly enforceable and generally not subject to appeal in civil courts.

Before this law, a "linkage" mechanism allowed rabbinical courts to address financial issues if they were tied to a genuine divorce claim. The new legislation introduces an independent path for rabbinical courts to hear financial disputes regardless of divorce consent. However, human rights and women's organizations warn that this expansion may pressure women into arbitration agreements under social or religious coercion, potentially disadvantaging them compared to civil court protections.

Family courts apply civil law, which tends to offer more balanced property division and broader child welfare considerations. Conversely, rabbinical courts may grant certain financial rights under Jewish law, such as those related to ketubah (marriage contract) and alimony, which are not recognized in civil law. Choosing the appropriate forum requires careful legal advice, especially given concerns about the "consent trap," where one spouse conditions granting a get on agreeing to arbitration, raising questions about the freedom of consent.

Attorney Yuval Niv, a family law expert, emphasizes the importance of understanding the differences between religious and civil law and the implications of arbitration agreements. The law applies only when both parties consent in writing to arbitration in rabbinical courts. Critics argue the law creates a parallel legal system that may undermine constitutional principles and lead to unequal outcomes. Individuals considering divorce or related disputes are advised to seek specialized legal counsel to navigate these complex changes.