Divorce for Muslims in Israel
This article addresses divorce for Muslims in Israel. This includes marriage between Muslim Israeli citizens, as well as between a Muslim from another country or convert Islam and a Muslim in Israel. All issues related to family law in Israel fall under the Israeli Ministry of Justice.
Background
Israeli law is different from other Western countries in that it grants a lot of autonomy to religious courts associated with recognized religious communities in the country. This means that, when it comes to issues of marriage and divorce, Muslim citizens and resident must apply to the sharia courts.
Divorce between a Muslim and non-Muslim in Israel
If a Muslim and non-Muslim are married, while the sharia court would generally have jurisdiction over this process, the couple can apply to the President of the Supreme Court in Israel to request a dissolution of their marriage.
Divorce for Converts to Islam
If a non-Muslim partner converts to Islam prior to marriage to a Muslim partner, then the sharia court has jurisdiction over the divorce. However, if a non-Muslim partner marries a Muslim partner, and only after the marriage converts to Islam, the situation is different. If one of the partners converts to Islam after the marriage, Israeli family courts would have jurisdiction over the divorce proceedings. Issues of child custody would also fall under the family and civil court system in the second case.
Divorce for Muslims in Israel
Muslims who wish to get a divorce must do so through the sharia courts in Israel. Sharia courts oversee matters of divorce, marriage, and inheritance for Muslims in the country.
Child support
One of the differences in Muslim law compared to Jewish law with regard to divorce, is that, in Muslim law, the father but not the mother is required to pay child support. A Muslim father must pay child support until his son is 18, and beyond that age if he continues to study. If a child has a disability, the father is obligated to pay child support as long as necessary. Additionally, a Muslim father must pay child support for a daughter without any age limit if she does not have an income until she gets married; if she gets divorced, her father must continue to support her.
Additional Articles
We have a variety of articles related to marriage and divorce, among other areas, on our website. These include divorce between a Jew and a non-Jew, divorce with children, how to choose a divorce lawyer, and more.
Contact Us
If you seek legal assistance regarding divorce for Muslims in Israel, please contact us. Advocate Anat Levi specializes in family law, and she can help with all your legal needs around mediation or divorce in Israel.
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:מאמרים מומלצים