Compensation to the Divorced Woman in the Israeli Druze Family

Abstract

Neither under Ottoman rule nor under the Mandate—nor even under Israel law until 1957—were the Druzes recognised as a religious community. Until quite recently, they resorted to the Sharī'a Courts in matters of personal status although under the Palestine Order-in-Council of 1922 these courts had no jurisdiction over non-Muslims. But in 1957, the Druzes gained recognition as a religious community within the meaning of the Religious Communities (Organisation) Ordinance, 1926, and the Druze Spiritual Leadership was given the status of a religious council within the meaning of the Religious Communities (Organisation) (Druze Community) Regulations, 1957. In 1963, by virtue of the Druze Religious Courts Law, 1962, a court of first instance and a court of appeal were established for the community. These have exclusive jurisdiction in matters of marriage and divorce of Druzes in Israel who are nationals or residents of the State. In other matters of personal status they have concurrent jurisdiction. In the absence of agreement to the jurisdiction of the religious court, jurisdiction vests in the District Court. The Druze courts also have exclusive jurisdiction in matters relating to the creation or internal administration of waqfs (endowments) established before a Druze court under Druze law or established, prior to the coming into force of the Druze Religious Courts Law, in accordance with Druze custom and not before any judicial authority.