Marriage and Divorce

Under Islamic law, a Moslem woman can initiate divorce under certain circumstances. If she phrases her marriage agreement carefully she can give herself the option of divorcing her husband if he does something she states is unacceptable to her – such as marrying another woman, disappearing for a prolonged period, or refusing to support her financially.

Additionally, the husband can grant the wife the right to divorce should he behave in a way unacceptable to his wife . For example, if the husband says: ‘ If I take another wife, you have the right to divorce me’ then this will be binding upon him and the wife can put her right to divorce into action.

Even after the couple have married they can agree that if certain situations/conditions exist these will be grounds for divorce.

You have to a Moslem Religious Court over the divorce itself. It has exclusive jurisdiction over questions of marriage and divorce between Moslems in Israel.

Had you not converted you would have been able to apply to the Supreme Court President for a decision about the court having jurisdiction over the dissolution of your marriage.

No. There is no automatic binding of child custody, maintenance and property matters to a divorce plea, if these are not filed for first at the family court. The Druze Courts’ Act gives Druze courts exclusive jurisdiction over marriage and divorce – but mutual consent is needed for jurisdiction of other issues. There is no provision for ‘binding’ such issues to divorce, as with legislation providing for Jewish religious courts.

When a Druze husband makes an oral declaration divorcing his wife, in accordance with the requirements of Druze religious law and in the presence of two witnesses, the divorce goes into effect immediately. The confirmation and registration of the divorce at the Druze religious court and its decision about the associated property settlement are post-divorce actions.

Under Islamic law, a Moslem woman can initiate divorce under certain circumstances. If she phrases her marriage agreement carefully she can give herself the option of divorcing her husband if he does something she states is unacceptable to her – such as marrying another woman, disappearing for a prolonged period, or refusing to support her financially.

Additionally, the husband can grant the wife the right to divorce should he behave in a way unacceptable to his wife . For example, if the husband says: ‘ If I take another wife, you have the right to divorce me’ then this will be binding upon him and the wife can put her right to divorce into action.

Even after the couple have married they can agree that if certain situations/conditions exist these will be grounds for divorce.

Converting after the wedding– as this  would mean that the family (civil) court would have jurisdiction over your divorce if the marriage fails, rather than the Moslem religious court. Also, if you have children and the marriage fails, it would be easier for you to keep the issue of child custody within the civil court system. Your religion at the time of your wedding is what counts – and determines whether the Moslem court has jurisdiction.

You have to a Moslem Religious Court over the divorce itself. It has exclusive jurisdiction over questions of marriage and divorce between Moslems in Israel.

Had you not converted you would have been able to apply to the Supreme Court President for a decision about the court having jurisdiction over the dissolution of your marriage.

A local Moslem (“Sha’ari ) court – which has exclusive jurisdiction over matters of marriage and divorce between two Moslems – according to relevant procedural rules.

Yes. Even though you choose not to have a Jewish religious wedding, if you want to be legally entitled to marry again according to Israeli – and in your case, Jewish religious law – you will need to get a ‘get’ from the rabbinical court. This is to erase any doubt about ‘dedication’ (‘kiddushin’). Otherwise, if you do not have a ‘get’ and you have a child with another Jew, then, under Jewish law that child would likely to be regarded as a bastard (‘Mamzer’), if , in Jewish law, you had not obtained a ‘get’ , and were regarded as ‘married’ by the rabbinical court ( because you had been ‘dedicated’ by your husband). Furthermore, there is the need to formally end your marriage, so as to avoid complications of bigamy, should you wish to marry in the future.