Israeli judicial system
Encyclopedia
The Israeli judicial system consists of secular courts and religious courts
. The law courts constitute a separate and independent unit of Israel
's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.
The District Courts in Israel serve both as the appellate courts and also as the court of first instance for some cases (e.g. real estate or IP). As of 2007, there are six district courts:
The Labor Courts Law sets forth those matters within the jurisdiction of the Labor Court. Substantially all causes of action arising from the employer-employee relationship are within the court's jurisdiction.
In civil matters, the Labor Courts are not bound by the rules of evidence. Most cases are heard by a panel of three, including a Judge, a representative on behalf of employees and a representative on behalf of employers.
's Office and the Chief Rabbinate of Israel
. The Chief Rabbinate deals with matters of kashrut
(Jewish dietary laws), marriage, ascertaining the qualifications of local rabbis, and other matters relating to Jewish religious law and custom. The religious Services Authority in the Prime Minister's Office is in charge of the funding of Jewish religious services, including local religious councils. In addition, the Prime Minister's Office provides the framework for special Batei Din
which deal with conversion to Judaism ("giyur")
The Rabbinic Courts courts, whose dayanim ("judges") are selected by a committee headed by the Minister of Justice, have jurisdiction regarding marital issues of Jews (especially divorce
). Divorce of a Jewish couple can only be obtained at the Rabbinical Batei Din. However, if a petition for ancillary matrimonial reliefs, such as custody, support or equitable distribution of property is filed with the Civil Courts before a case for divorce is opened at the Batei Din
, then all other marital issues may also be taken by the secular Family Courts. Otherwise, if one spouse opens some sort of an action with the Batei Din, (including asking the couple for reconciliation), the Batei Din assume that all ancillary relief is aggregated into the main complaint, and the spouses may find themselves facing judicial deermination pursuant to Halakha
(Jewish religious law), and not pursuant to the secular law. Thus, spouses may lose the equal protection and anti gender discrimination protections of the secular civil law.
and Christianity
are supervised by their own official religious establishments (although the Muslim and Druze kaddis judges are also elected by the Knesset), which have similar jurisdiction over their followers, although Muslim religious courts have more control over family affairs. This is the maintenance of an agreement reached with the British Mandatory Authorities before the State of Israel's establishment in 1948.
is the highest judicial body in the Israeli military
, which also includes the District and Special military tribunal
s.
Beth din
A beth din, bet din, beit din or beis din is a rabbinical court of Judaism. In ancient times, it was the building block of the legal system in the Biblical Land of Israel...
. The law courts constitute a separate and independent unit of Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.
Supreme Court
Located in Jerusalem acts as a further appellate court, and as the High Court of Justice as a court of first instance, often in matters concerning the legality of decisions of state authorities.District courts in Israel
- Jerusalem
- Tel Aviv-YafoTel AvivTel Aviv , officially Tel Aviv-Yafo , is the second most populous city in Israel, with a population of 404,400 on a land area of . The city is located on the Israeli Mediterranean coastline in west-central Israel. It is the largest and most populous city in the metropolitan area of Gush Dan, with...
- HaifaHaifaHaifa is the largest city in northern Israel, and the third-largest city in the country, with a population of over 268,000. Another 300,000 people live in towns directly adjacent to the city including the cities of the Krayot, as well as, Tirat Carmel, Daliyat al-Karmel and Nesher...
- NazarethNazarethNazareth is the largest city in the North District of Israel. Known as "the Arab capital of Israel," the population is made up predominantly of Palestinian Arab citizens of Israel...
- Petah TikvaPetah TikvaPetah Tikva known as Em HaMoshavot , is a city in the Center District of Israel, east of Tel Aviv.According to the Central Bureau of Statistics, at the end of 2009, the city's population stood at 209,600. The population density is approximately...
- BeershebaBeershebaBeersheba is the largest city in the Negev desert of southern Israel. Often referred to as the "Capital of the Negev", it is the seventh-largest city in Israel with a population of 194,300....
District court for administrative matters
Adjacent to every District Court is the Court for Administrative Matters, where petitions against Arms of the Government can be launched.Magistrate courts
Also called "Peace Courts", the Magistrate Courts in Israel serve as the courts of first instance up to a certain ceiling of two million shekels. There are 30 magistrate courts.Small claims courts
Adjacent to any Magistrate Court, is a Court of Small Claims, for claims up to 30,000 Shekels. These Courts do not follow standard evidentiary rules, however they require extensive pleadings and documentation upon filing of a formally written complaint. Verdicts are expected seven days from trial.Labor courts
There are five Regional Labor Courts in Israel as a tribunal of first instance, and one National labor court in Jerusalem hearing appeals and few cases of national importance, as first tier. They are vested with exclusive jurisdiction over cases involving employer-employee relationship, pre-employment, post-employment strikes and labor union disputes, as well as labor related complaints against the National Insurance Institute, and claims under the National Health Insurance Law.The Labor Courts Law sets forth those matters within the jurisdiction of the Labor Court. Substantially all causes of action arising from the employer-employee relationship are within the court's jurisdiction.
In civil matters, the Labor Courts are not bound by the rules of evidence. Most cases are heard by a panel of three, including a Judge, a representative on behalf of employees and a representative on behalf of employers.
Court of admiralty
All matters have to do with admiralty, shipping commerce, accidents on sea and the like are brought to the Haifa District Court, sitting as the Court of Admiralty, which has exclusive statewide jurisdiction.Jewish religious courts
As of 2005, the Jewish religious authorities are under control of the Prime MinisterPrime Minister of Israel
The Prime Minister of Israel is the head of the Israeli government and the most powerful political figure in Israel . The prime minister is the country's chief executive. The official residence of the prime minister, Beit Rosh Hamemshala is in Jerusalem...
's Office and the Chief Rabbinate of Israel
Chief Rabbinate of Israel
The Chief Rabbinate of Israel is recognized by law as the supreme halakhic and spiritual authority for the Jewish people in Israel. The Chief Rabbinate Council assists the two chief rabbis, who alternate in its presidency. It has legal and administrative authority to organize religious...
. The Chief Rabbinate deals with matters of kashrut
Kashrut
Kashrut is the set of Jewish dietary laws. Food in accord with halakha is termed kosher in English, from the Ashkenazi pronunciation of the Hebrew term kashér , meaning "fit" Kashrut (also kashruth or kashrus) is the set of Jewish dietary laws. Food in accord with halakha (Jewish law) is termed...
(Jewish dietary laws), marriage, ascertaining the qualifications of local rabbis, and other matters relating to Jewish religious law and custom. The religious Services Authority in the Prime Minister's Office is in charge of the funding of Jewish religious services, including local religious councils. In addition, the Prime Minister's Office provides the framework for special Batei Din
Beth din
A beth din, bet din, beit din or beis din is a rabbinical court of Judaism. In ancient times, it was the building block of the legal system in the Biblical Land of Israel...
which deal with conversion to Judaism ("giyur")
The Rabbinic Courts courts, whose dayanim ("judges") are selected by a committee headed by the Minister of Justice, have jurisdiction regarding marital issues of Jews (especially divorce
Get (conflict)
A get or gett is the Jewish form of divorce which, when one is available in the state of residence, is supervised by a Beth Din , a rabbinical court...
). Divorce of a Jewish couple can only be obtained at the Rabbinical Batei Din. However, if a petition for ancillary matrimonial reliefs, such as custody, support or equitable distribution of property is filed with the Civil Courts before a case for divorce is opened at the Batei Din
Beth din
A beth din, bet din, beit din or beis din is a rabbinical court of Judaism. In ancient times, it was the building block of the legal system in the Biblical Land of Israel...
, then all other marital issues may also be taken by the secular Family Courts. Otherwise, if one spouse opens some sort of an action with the Batei Din, (including asking the couple for reconciliation), the Batei Din assume that all ancillary relief is aggregated into the main complaint, and the spouses may find themselves facing judicial deermination pursuant to Halakha
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
(Jewish religious law), and not pursuant to the secular law. Thus, spouses may lose the equal protection and anti gender discrimination protections of the secular civil law.
Non-Jewish religious courts
The other major religions in Israel such as IslamIslam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
and Christianity
Christianity
Christianity is a monotheistic religion based on the life and teachings of Jesus as presented in canonical gospels and other New Testament writings...
are supervised by their own official religious establishments (although the Muslim and Druze kaddis judges are also elected by the Knesset), which have similar jurisdiction over their followers, although Muslim religious courts have more control over family affairs. This is the maintenance of an agreement reached with the British Mandatory Authorities before the State of Israel's establishment in 1948.
Military courts
The Military Court of AppealsIsraeli Military Court of Appeals
The Israeli Military Court of Appeals is the supreme military court of the Israel Defense Forces. It considers and judges over appeals submitted by the Military Advocate General which challenge decisions rendered by the District Military Tribunals:...
is the highest judicial body in the Israeli military
Israel Defense Forces
The Israel Defense Forces , commonly known in Israel by the Hebrew acronym Tzahal , are the military forces of the State of Israel. They consist of the ground forces, air force and navy. It is the sole military wing of the Israeli security forces, and has no civilian jurisdiction within Israel...
, which also includes the District and Special military tribunal
Military tribunal
A military tribunal is a kind of military court designed to try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil proceedings. The judges are military officers and fulfill the role of jurors...
s.