Constitution, Law, Judiciary Committee examine law that would significantly expand powers of religious courts

(MENAFN) The Constitution, Law, and Judiciary Committee recently examined a law that would significantly expand the powers of religious courts, including rabbinical, Sharia, and Druze courts, allowing them to handle civil disputes under the guise of "arbitration" and resolve them according to religious law. This law has significant implications for the rule of law and human rights in Israel, particularly concerning women's rights. It would be naive to argue that the law’s requirement for "consent of the parties" to arbitration means no harm is done. In practice, religious minorities, particularly women, face immense social pressure and lack bargaining power when it comes to agreeing to arbitration, especially in situations like renting apartments. The pressure to conform to religious arbitration is compounded by the societal stigma and pressures that exist for those who choose to go to civil courts.

Expanding the powers of religious courts would allow them to impose "consent" for religious justice, undermining the protections and rights granted under civil law, including labor rights. The mechanism of a "binding summons" further intensifies this pressure, making it extremely difficult for individuals to refuse religious court jurisdiction without fear of adverse consequences in their personal cases. This could lead to individuals unknowingly relinquishing essential civil rights. It is important to remember that religious courts already hold a monopoly over personal status issues like marriage and divorce, which inherently discriminates against women since they cannot be judges in rabbinical courts. Expanding the reach of religious courts would further marginalize women and restrict their access to equal justice.

While there are alternative private religious arbitration options, there is no need to introduce state-sponsored religious arbitration in a system already burdened by heavy workloads and financed by taxpayer money. The proposed expansion threatens to deepen inequality and undermine the civil rights protections in place.

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