I have heard that a married Moslem woman can now file her Moslem husband for child maintenance at the family court, instead of the Sha’ari court. If she does, by which law will the court decide on the issue?
By: דיאנה שאלתיאל•Published on: 13 May, 2022Providing the Moslem couple are married in the eyes of Islamic law, then the personal law relating to Moslems will apply, even though the case will be heard in a civil court, the family one. If however, the Moslem mother is not married, then the man’s obligation, once paternity is proved, will be based on Israeli civil law . This is because Islamic law only recognizes paternity within Moslem religious marriage and according to the 1959 Family Law Amendment (Maintenance) Act, where a father is not obliged to pay maintenance according to his personal law, or where personal law does not apply, he will be liable to pay child support according to the act. Under this, both parents will be equally responsible for supporting the child, based on their relative incomes.