Friday, April 07, 2006

Israel's High Court Dramatically Limits Jurisdiction Of Rabbinic Tribunals

In a surprising decision yesterday, a panel of Israel's High Court of Justice significantly limited the jurisdiction of the country's Rabbinic Courts, taking away their power to act as arbitrators on matters not otherwise within their statutory jurisdiction. Haaretz today reports on the decision. The High Court held that Religious Tribunals, which are part of Israel's official judicial system, cannot obtain jurisdiction in financial or other disputes not involving personal status merely by parties agreeing to submit a matter to them. The issue was decided in a case brought by Sima Amir, a Jerusalem divorcee, who was trying to get her former husband to comply with their divorce agreement that he would make mortgage payments on Sima's Jerusalem apartment. The divorce agreement contained a provision that the parties would submit any future disputes to the Rabbinic Court. The High Court decision will not only affect future cases, but may nullify many past arbitration rulings.