Israel's High Court Orders State to Justify Rabbinical Court Powers in Divorce Cases

Israel's Supreme Court, the High Court of Justice (Bagatz), has issued an order nisi against an expansion of the authority of rabbinical courts concerning matters related to divorce proceedings. The petition, filed by the Free Israel movement, challenges a November 2025 amendment to the Rabbinical Courts Jurisdiction Law that broadened the courts' powers to include alimony, property division, and child custody.

The state has been ordered to explain by January 3, 2027, why this expanded jurisdiction should not be revoked. The Free Israel movement argues that the law allows one spouse to unilaterally determine the venue for these sensitive personal matters, potentially forcing the other spouse into rabbinical court proceedings against their will. Attorneys Dr. Hagai Klai and Lior Sokol represent the movement.

According to the petition, this infringes upon freedom of religion and the right of individuals to choose the forum for their most personal legal disputes. Litigants in rabbinical courts are subject to rules and worldviews that may conflict with their own, even when decisions affect their property, livelihood, and children.

The movement also contends that the law undermines equality, noting that women cannot serve as judges in rabbinical courts and that religious law may lead to rulings inconsistent with equality principles. Furthermore, the law is accused of encouraging a "jurisdictional race" between rabbinical courts and family courts, incentivizing quick filings rather than amicable dispute resolution, which can escalate conflict and harm children's welfare.

Free Israel emphasizes that this is not merely a technical issue of legal efficiency but a fundamental matter of choice, equality, and the right to manage personal and family life free from religious coercion.