This section deals with divorce between Moslem couples, including situations where one party converted to Islam.
American Moslem and Israeli Arab Moslem – Divorce American Moslem and Israeli Arab Moslem – Divorce Question: I am Moslem, and was born and grew up in America. I married a Moslem from the Israeli "Triangle" a traditional ceremony in his home town. Which court in Israel can end our marriage? Answer: A local Moslem ("Sha'ari ) court – which has exclusive jurisdiction over matters of marriage and divorce between two Moslems – according to relevant procedural rules. Moslems – Divorce Where One Party Converted Moslems – Divorce Where One Party Converted Case: I was born Christian but converted to Islam and married my Moslem boyfriend. I want to divorce. Can I go through the civil courts or do I have to go to the Moslem religious courts ? Answer: You have to a Moslem Religious Court over the divorce itself. It has exclusive jurisdiction over questions of marriage and divorce between Moslems in Israel. Had you not converted you would have been able to apply to the Supreme Court President for a decision about the court having jurisdiction over the dissolution of your marriage. Difference Between Converting Before & After Marriage Difference Between Converting Before & After Marriage Question: I am a Christian tourist in Israel, and have a Moslem boyfriend. He wants me to get married but also wants me to become Moslem. I am worried that this might present difficulties if I want to divorce later. What would be better for me if I do convert, becoming Moslem before I marry or afterwards ? Answer: Converting after the wedding– as this would mean that the family (civil) court would have jurisdiction over your divorce if the marriage fails, rather than the Moslem religious court. Also, if you have children and the marriage fails, it would be easier for you to keep the issue of child custody within the civil court system. Your religion at the time of your wedding is what counts – and determines whether the Moslem court has jurisdiction. Moslem Woman –Divorce Option In Marriage Contract Moslem Woman –Divorce Option In Marriage Contract Case: I am engaged to get married. Both my fiancé and I are Moslems. I am worried because several of his relatives have more than one wife. My fiancé knows I object to this. Can we make an agreement whereby I would be entitled to divorce him if he took another wife ? Answer: Under Islamic law, a Moslem woman can initiate divorce under certain circumstances. If she phrases her marriage agreement carefully she can give herself the option of divorcing her husband if he does something she states is unacceptable to her - such as marrying another woman, disappearing for a prolonged period, or refusing to support her financially. Additionally, the husband can grant the wife the right to divorce should he behave in a way unacceptable to his wife . For example, if the husband says: ‘ If I take another wife, you have the right to divorce me’ then this will be binding upon him and the wife can put her right to divorce into action. Even after the couple have married they can agree that if certain situations/conditions exist these will be grounds for divorce.
Question:
I am Moslem, and was born and grew up in America. I married a Moslem from the Israeli "Triangle" a traditional ceremony in his home town. Which court in Israel can end our marriage?
Answer:
A local Moslem ("Sha'ari ) court – which has exclusive jurisdiction over matters of marriage and divorce between two Moslems – according to relevant procedural rules.
Case:
I was born Christian but converted to Islam and married my Moslem boyfriend. I want to divorce. Can I go through the civil courts or do I have to go to the Moslem religious courts ?
You have to a Moslem Religious Court over the divorce itself. It has exclusive jurisdiction over questions of marriage and divorce between Moslems in Israel.
Had you not converted you would have been able to apply to the Supreme Court President for a decision about the court having jurisdiction over the dissolution of your marriage.
I am a Christian tourist in Israel, and have a Moslem boyfriend. He wants me to get married but also wants me to become Moslem. I am worried that this might present difficulties if I want to divorce later. What would be better for me if I do convert, becoming Moslem before I marry or afterwards ?
Converting after the wedding– as this would mean that the family (civil) court would have jurisdiction over your divorce if the marriage fails, rather than the Moslem religious court. Also, if you have children and the marriage fails, it would be easier for you to keep the issue of child custody within the civil court system. Your religion at the time of your wedding is what counts – and determines whether the Moslem court has jurisdiction.
I am engaged to get married. Both my fiancé and I are Moslems. I am worried because several of his relatives have more than one wife. My fiancé knows I object to this. Can we make an agreement whereby I would be entitled to divorce him if he took another wife ?
Under Islamic law, a Moslem woman can initiate divorce under certain circumstances. If she phrases her marriage agreement carefully she can give herself the option of divorcing her husband if he does something she states is unacceptable to her - such as marrying another woman, disappearing for a prolonged period, or refusing to support her financially.
Additionally, the husband can grant the wife the right to divorce should he behave in a way unacceptable to his wife . For example, if the husband says: ‘ If I take another wife, you have the right to divorce me’ then this will be binding upon him and the wife can put her right to divorce into action.
Even after the couple have married they can agree that if certain situations/conditions exist these will be grounds for divorce.
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