A Hanafi decision by the Israeli Supreme Court

The document discussed in this essay is an English translation of an Israeli Supreme Court (the “Court”) decision from 2013 in which the Supreme Sharia Court of Appeals (“Sharia Court of Appeals”) is a respondent. The decision resolved a petition made against the Sharia Court of Appeals ruling that it is impermissible to appoint a female arbitrator in a divorce proceeding before a Sharia Court. The Court overturned the Sharia Court of Appeal’s decision on the basis of Israeli equal rights legislation (and Ḥanafī-style legal reasoning) and remanded it back to the Sharia Courts for further arbitration with the option of choosing a female arbitrator.

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