The judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.The Judiciary: The Court System
Religious courts include Jewish batei din, Islamic courts, Druze courts, and courts for ten recognized Christian communities. However, religious courts wield extremely limited authority, and they are engaged with for marital affairs, as no non-religious form of marriage performed in Israel is recognized legally.
Criminal and civil courts
Supreme Court
Located in Jerusalem, the Supreme Court has ultimate appellate jurisdiction over all other civil and military courts, and in some cases original jurisdiction in criminal and civil cases. As an appellate court, it considers appeals on judgement and other decisions by the district courts, and in rare cases it takes appeals from the labor and military court systems. It also considers appeals on a judicial and quasi-judicial cases of various kinds, such as matters relating to the legality of Knesset elections and disciplinary rulings of the Bar Association. Sitting as the High Court of Justice, it acts as a court of first instance, often in matters concerning the legality of decisions regarding state authorities. The High Court of Justice or otherwise the Israeli Supreme Court acts sometimes not as an appellate body to the district court but as an overseer of justice against the lower courts.
District courts
The district courts constitute the middle level courts of the judicial system, and have jurisdiction in any matter not within the sole jurisdiction of another court. In criminal matters, the courts have jurisdiction over cases where the accused faces a penalty of at least seven years imprisonment. In civil cases, they have jurisdiction over cases in which more than two and a half million shekels are in dispute. District courts also hear appeals of judgments of the magistrate courts, as well as cases involving companies and partnership, arbitration, prisoners petitions, and appeals on tax matters.The Judiciary- The Court System Israel Ministry of Foreign Affairs Sitting as courts for administrative matters, they can hear petitions against arms of the government. One also sits as the court of admiralty, hearing all cases involving shipping commerce, accidents on the sea and the like. Most cases are heard by a single judge, though the court president can choose to appoint a three-judge panel. Cases where the accused is charged with an offense punishable by at least ten years in prison and appeals from magistrate courts are heard by three-judge panels. There are six such courts, one in each district of Israel.
Magistrate courts The Magistrate courts serve as basic trial courts. In criminal matters, they hear cases where the accused faces up to seven years imprisonment, and in civil cases, have jurisdiction over matters up to two and a half million shekels. They have jurisdiction over the use and possession of real property. The courts also act as traffic courts, municipal courts and family courts. Sitting as small-claims courts, they have jurisdiction over cases involving claims up to 30,000 shekels. Rather than following standard evidentiary rules, they require extensive pleadings and documentation upon filing of a formally written complaint. Verdicts are expected seven days from trial. Cases are heard by a single judge unless the court president decides to appoint a three-judge panel. There are 30 magistrate courts.
Labor courts
There are five Regional Labor Courts in Israel acting as tribunals of first instance, and a National Labor Court in Jerusalem which hears appeals from the regional courts, as well as a few cases of national importance as a court of first instance. Civil cases in Regional Labor Courts are typically heard by three judges consisting of one professional judge and two lay judges, one of whom has experience in the labor sector and another who has experience in management. The courts are not bound by the rules of evidence in such cases. Appeals to the National Labor Court are heard by five judges, three professional judges and two lay judges.Steven J. Colby A Jury for Israel?: Determining When a Lay Jury System is Ideal in a Heterogeneous Country cornell.edu In rare instances, a ruling from the National Labor Court can be further appealed to the Supreme Court. They are vested with exclusive jurisdiction over cases involving employer-employee relationship, pre-employment, post-employment strikes and labor union disputes, as well as labor related complaints against the National Insurance Institute, and claims under the National Health Insurance Law.
The Labor Courts Law sets forth those matters within the jurisdiction of the Labor Court. Substantially all causes of action arising from the employer-employee relationship are within the court's jurisdiction.
Military courts In the Israel Defense Forces, a legal system separate from the civilian legal system is maintained. It is overseen by the Military Advocate General, and has a system of military courts to try soldiers for criminal offenses and deal with criminal and security cases in the Israeli-occupied territories. All three of Israel's military districts, the ground, air, and maritime branches of the military, the Home Front Command, and the General Staff have military courts. There is also a special military tribunal, and field tribunals can be set up in times of war. The Military Court of Appeals is the supreme military court of Israel. It handles appeals from both the prosecution and defense in lower military courts. In special instances, a decision of the Military Court of Appeals can be further appealed to the Supreme Court, but special permission from the Supreme Court is required, and permission is generally granted only when there is a significant legal issue.
The military courts of first instance are generally composed of a three-judge panel. The head of the panel is a professional judge with a legal education and judicial experience, while the two others are officers who serve in units based in the court's regional district and generally do not have a legal background. Hearings in the Military Court of Appeals are also presided over by three-judge panels, but at least two of the judges must have a legal background, and most judges of the Military Court of Appeals have previous experience sitting in military courts of first instance.
Every defendant facing criminal charges in military court except those appearing for traffic offenses is entitled to legal representation. The Military Defense Council Division provides legal representation to soldiers facing criminal indictment. A soldier facing criminal charges in military court may choose to be represented by a private lawyer instead, but the private lawyer must be certified to appear before military courts.
For less serious offenses, the IDF maintains a disciplinary jurisdiction system. It is responsible for reviewing cases in which the offense is considered light, and is punished with disciplinary action, which is less serious than criminal charges.
Migration Tribunals The Population and Migration Tribunals Unit consists of two tribunals – the Appeals Tribunal and the Detention Review Tribunal. The tribunals were founded and are operating under the Entry into Israel Law, 5712-1952, and are designated to serve as an administrative judicial review forum in the matter of the Population and Immigration Authority decisions.
The Appeals tribunal is an administrative tribunal that constitutes a judicial review on decisions made by the Population and Immigration Authority in the matters such as entry to Israel, humanitarian cases, asylum, family reunion, residence and in matters of citizenship, in accordance with the provisions of the Second Schedule to the Entry into Israel Law, 5712-1952. There are four Tribunals, in the following districts: Jerusalem, Tel Aviv and central district, Haifa and north district and Beer Sheva and south district.
The role of the Detention Review Tribunal is to examine the legality of holding in detention as soon as possible. Pursuant to the Entry into Israel Law, the tribunal is competent to authorize the detention order, change it or revoke it. The tribunal is competent to order that the detainee be released in return for a bond and to order a change in the conditions of the bond. Pursuant to the Entry into Israel Law, 5712-1952, a detainee should be brought before the Detention Review Tribunal as soon as possible and no later than 96 hours from the decision of the Border Control Officer. In the event that the tribunal has kept a person in detention, the tribunal shall hold a periodical judicial review regarding the continuation of the detention at least every 30 days. The judges who serve in the Detention Review Tribunal hear cases as a single judge in matters of the detainees brought before them.
A judgment of the Population and Miogration Tribunals may be appealed by right in the District Court sitting as an Administrative Matters Court.
Religious courts
Israel maintains a system of religious courts for the Jewish, Muslim, Druze and Christian populations. These courts have jurisdiction over cases such as marital issues, conversion and appointment to religious leadership positions.
Jewish courts
The Jewish religious courts are known as rabbinical courts. Their judges, known as dayanim, are selected by a committee headed by the Minister of Justice. There are twelve regional rabbinic courts, a special conversion court, and the Great Rabbinical Court which acts as an appellate court. The Great Rabbinical Court is chaired by one of two Chief Rabbis of Israel.
Divorce of a Jewish couple can only be obtained at the Rabbinical Batei Din. However, if a petition for ancillary matrimonial reliefs, such as custody, support or equitable distribution of property is filed with the Civil Courts before a case for divorce is opened at the Batei Din, then all other marital issues may also be taken by Magistrate Courts sitting as Family Courts. Otherwise, if one spouse opens some sort of an action with the Batei Din (including asking the couple for reconciliation), the Batei Din assume that all ancillary relief is aggregated into the main complaint, and the spouses may find themselves facing judicial determination pursuant to Halakha (Jewish religious law), and not pursuant to the secular law. Thus, spouses may lose the equal protection and anti-gender discrimination protections of the secular civil law.
Since the Chief Rabbinate is controlled by Orthodox Jews, other streams such as the Reform and Conservative streams are isolated from official positions. There is also a struggle within the Orthodox world to allow more rabbis to perform marriages and to allow alternative views. The current government has proposed legislation which would enable the Rabbinical court to act as arbitrators in civil issues when both parties so choose, codifying an existing practice.
Muslim courts The Islamic courts of Israel are known as Sharia courts. These courts have more control over family affairs than other religious courts do. They are supervised by their own official religious establishments. Their judges, known as qadis, are elected by the Knesset. This is the maintenance of an agreement reached with the British Mandatory Authorities before the State of Israel's establishment in 1948. There are nine regional Sharia courts and the Sharia Court of Appeals.
Druze courts The Druze courts have jurisdiction over Israeli Druze in matters of marriage and divorce, and are overseen by the Ministry of Justice. Their judges are known as kadi-madhabs. There are two regional courts and the Druze Court of Appeals.
Christian courts