E/CN .4/1992/52
page 96
(i) The Maronite Church;
(j) The Syrian Orthodox Church;
The Druze;
(к) The
Evangelical Episcopal Church;
(1)
(m) The Bahai.
11. According to the Rabbinical Courts Jurisdiction (Marriage and
Divorce) Law 5713-1953 (L.S.I, vol. 7, p. 139) matters of marriage and divorce
of Jews in Israel who are nationals or residents of the State shall be under
the exclusive jurisdiction of the Court. In matters of personal status or of
succession, in which a Court has no exclusive jurisdiction, a Rabbinical Court
shall have jurisdiction over Jews after all the parties concerned have
expressed their consent.
12. According to the Druze Religious Courts Law 5723-1962 (L.S.I,
vol. 17, p. 17) matters of marriage and divorce of Druze in Israel who are
citizens or residents of the State shall be under the exclusive jurisdiction
of the Court. There shall also be under its exclusive jurisdiction matters
relating to the creation of internal management of a religious trust before a
Court under Druze religious law, or a trust established before the coming into
force of this law, in accordance with Druze custom, otherwise than before a
religious or Civil Court.
In matters of personal status of Druze or of succession, in which a Court
has no exclusive jurisdiction, the Druze religious Court shall have
jurisdiction over the Druze, after the parties concerned have expressed their
consent.
13. The Government of Israel decided to lend support to the Muslim
community by concentrating its activities in three spheres: (a) the networks
of 'Sharia' (Muslim religious courts) jurisdiction by attempting to accelerate
the qualifying of reliable judges; (b) organizing religious facilities for the
Muslim population, including guarding holy places, maintaining mosques and
cemeteries, organizing the administration of religious functionaries, and
establishing education, welfare and health projects; (c) setting up of Muslim
committees for religious matters in the towns. The independence and tenure
of Muslim religious judges (Qadis) have been established under the Qadis
Act 5721-1961 (L.S.I, vol. 15, p. 123) on the lines laid down for rabbinical
judges. The Qadis are appointed by the President of the State upon nomination
of a committee composed of the Minister of Religious Affairs and one other
member of the Cabinet, two Qadis to be elected by all Qadis in office, three
members of Parliament of whom two at least must be Muslims, to be chosen by
Parliament, and two advocates, of whom one at least must be a Muslim, to be
chosen by the Chamber of Advocates.
A Qadi is appointed for life, subject to compulsory retirement at the age
of seventy and subject to the right of the President of State to remove him
for misconduct, when a disciplinary court composed of the senior Qadi in
office, an advocate appointed by the Chamber of Advocates, and a third member
appointed by the Minister of Religious Affairs, have found him guilty of such
misconduct and recommended his removal from office.