Tel Aviv, Israel - The Knesset is expected to approve a government bill this week that considerably expands the authority of the rabbinical courts.
The bill, which has already been approved by the Knesset Constitution, Law and Justice Committee, will be presented for second and third readings against the objections of Justice Ministry legal experts, women's organizations and Labor, Yahad and Shinui Knesset members.
Legal experts believe the bill is a clear violation of the status quo. It authorizes rabbinical courts to hear divorce suits concerning Jewish couples, even if one or both of the partners lives overseas. The bill applies to couples married in a religious ceremony who have not commenced civil divorce procedures overseas. A spouse will also be able to file for divorce with the rabbinical courts if he has resided in Israel for at least one year.
Dr. Ruth Halperin-Kadari, a family law specialist at Bar-Ilan University, says the legislation would enable a man living abroad to immigrate to Israel to sue his wife for divorce a year later, thereby preventing her from obtaining a civil divorce overseas. This would oblige her to come to Israel and get divorced in a rabbinical court, even if she has no affiliation to Israel and only married in a religious ceremony for reasons of family and tradition.
Halperin-Kadari says that if the woman tries to obtain a civil divorce abroad, the court may reject her, not wanting to interfere with the jurisdiction of a court in another country.
"We are starting a race between the powers of the Israeli rabbinical court and the rest of the world," says Na'amat attorney Gali Etzion. Na'amat tried in vain to have the bill amended so that it applies only after civil procedures are completed abroad.
Legal experts say they fear that once enacted, the law will enable residents of Israel to pressure a spouse living abroad to come to Israel to undergo divorce in the Rabbinical Courts, and then agree to the court's conditions or risk being classified as a divorce objector and refused permission to leave the country.
Despite the objections, the bill is expected to pass as Prime Minister Ariel Sharon is likely to invoke party discipline for the bill in the Likud, to gain support from the ultra-Orthodox United Torah Judaism faction for the state budget.