E/CN.4/2000/65
page 17
women in matters of divorce. Both are required to obtain their spouse’s consent in order for the
divorce to become valid. According to the Jewish religious law (the Halacha), two forms of
divorce exist: the first is obtained by both spouses’ consent, while the other is a divorce imposed
by a ruling of the religious court and requires the husband or the wife to grant the divorce. Such
a ruling may be granted once a cause of action specified in the Halacha is shown to exist. Such
causes of action include: adultery, refusal to engage in conjugal relations and, in certain cases,
where the couple is incapable of having children. However, even where the rabbinical court
rules in favour of granting a divorce, the marriage is not dissolved simply by the court’s order.
There remains the requirement of the spouse’s symbolic action of granting the divorce under the
supervision of the court. Difficulties in the divorce process can arise at this stage in cases where
a spouse, usually the husband, refuses or is unable (due to legal incompetence or disappearance)
to grant the divorce. In order to overcome these difficulties, legislation has been adopted which
aims to ensure the enforcement of the rabbinical court’s divorce rulings. Thus,
the 1995 Rabbinical Courts Jurisdiction Law (enforcement of divorce rulings) enables the district
rabbinical courts to impose severe civil sanctions on men or women who refuse to grant a
divorce in contempt of the court’s ruling. Such sanctions include, inter alia, cancellation of
driver’s licences, limitations on exit from the country and even jail. However, in order to impose
any sanction on a wife who refuses to grant a divorce, the law requires the preliminary approval
of the President of the Supreme Rabbinical Court. Statistics clearly show that rabbinical courts
do not hesitate to apply sanctions pursuant to the 1995 law mentioned above, whenever possible.
In 1996, these sanctions were applied in 50 cases. Such sanctions were applied in 106 cases
in 1997 and in 163 cases in 1998. Furthermore, two husbands who refuse to grant a divorce to
their wives are currently in prison due to their refusal. With regard to the assertion set forth in
your letter concerning the hardships encountered by Muslim women in cases of divorce, it
should be noted that the Shari’a Courts have exclusive jurisdiction in this matter over all
Muslims, with modifications deriving from Israeli legislation in specific matters. Generally,
mutual consent to divorce is required for the divorce to become valid. In cases where mutual
consent to divorce cannot be obtained and the matter reaches the court, Shari’a calls for the
appointment of an arbitrator on behalf of each of the spouses, who in turn seeks ways for
reconciliation. If the reconciliation process is unsuccessful then, subject to the judge’s (Quadi)
approval, the divorce comes into effect.”
59.
In another communication, the Special Rapporteur referred to allegations of serious cases
of intolerance on the part of a Muslim family against the Armenian Patriarchate of Jerusalem in
connection with its religious activities at its Mount of Olives property. The family reportedly
stoned Armenian faithful during celebrations of Ascension and the Divine Liturgy, seriously
damaged the Patriarchate’s property and even threatened, including with death, Armenian
leaders in order to take possession of Armenian religious property. The Muslim family was in
fact allegedly trying to declare the Armenian property as a mosque. During these incidents, the
Armenian Patriarchate reportedly tried unsuccessfully to settle these problems with the Muslim
family. The Israeli police were allegedly kept informed, but apparently did not take the
necessary security measures.
Kazakhstan
60.
In addition to a media campaign spreading a message on the supremacy of traditional
religions and calling for bans on other communities, the authorities were allegedly targeting