E/CN.4/1992/52
page 97
A Qadi is not, in matters pertaining to the performance of his judicial
duties, subject to any directions of control, but solely to the law and to his
conscience.
Matters which are within the scope of the religious jurisdiction of the
Muslim community are dealt with by four regional Sharia courts. Above them,
an appeal court has been appointed as a court of second instance - a Court of
Appeal.
The authority of the sole jurisdiction of the Sharia courts extends over
all the Muslims in Israel, whether they are citizens of the State or foreign
subjects, provided that in accordance with their national law they are subject
to the jurisdiction of Muslim Courts. They deliberate upon personal matters
in accordance with Muslim law as consolidated in Ottoman Law of Family Rights
of 1917 with such modifications as derive from Israeli legislation.
14. The Christian Communities enjoy a wider religious judicial autonomy
than the Jewish, Muslim and Druze Communities. As for example, the nomination
of the judges is not established under Israeli Law, but it depends totally on
the choice of the appropriate Churches and their Centers.
15. All of the religious courts are equally protected by law, without
distinction. The Religious Courts (Prevention of Disturbances) Law 5725-1965
(L.S.I, vol. 19, p. 114) provides that where any person, within sight of a
religous court or near the place of its proceedings, disturbs that proceedings,
the court may order his removal or compel him by a fine to behave properly.
The imposition of a fine shall not prevent his being criminally prosecuted in
respect of the act for which he was fined.
'Court' is defined as a Rabbinical Court, a Sharia Court, a court of a
Christian Community and a Druze religious court, sitting by virtue of powers
conferred by law.
16. There are no provisions in Israeli law which prevent a
non-recognized religious community or a member of that community from
worshipping or from carrying out religious functions. On the contrary, the
High Court of Justice has affirmed the basic rights of freedom of religion and
held that permission to worship is not required by anyone since the right to
freedom of conscience, belief, religion and worship is absolutely guaranteed
in Israel. However, as with any other right, it cannot be exercised in such a
way which would interfere with the rights of others, or which would threaten
the public safety (H.C.J. 292/93 38 P.D. (II) 449)."
Luxembourg
"Only four faiths are recognized in Luxembourg law: the Catholic faith,
the Protestant faith, the Jewish faith and the Greek Orthodox faith."