| Family Court in Hadera |
| Claims after the Litigation Settlement 22591-08-23 Plaintiff v. Defendant
Property Claim for Declaratory Judgment, Dissolution of Partnership, Preservation of Rights According to Section 11 and Section 8 of the Property Relations and Career Assets Balance Law – The Woman’s Claim. |
| Before | The Honorable Judge Yaron Alterzon | |
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The plaintiff: |
Plaintiff ID ** Through Attorney Meira Azrad |
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Against
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The defendant: |
Defendant ID ** Through Attorney Vahid Othman |
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Judgment
The question for me to decide in this judgment is whether there was an agreement between the parties, members of the Muslim community, in the framework of the marriage contract that was entered into between them, on the condition that the "Islamic Sharia laws" should be applied in a manner that would prevail over the Property Relations between Spouses Law, 5733-1973, which is supposed to apply to them, and whether this condition is valid and binding on the parties.
A brief factual background:
- The plaintiff and the defendant, hereinafter: "the parties", are Muslims, former spouses, who were married according to Sharia law in a marriage contract (Aked) on 00.00.2000, during which they had three children together.
- In the marriage contract signed by the parties, which was drawn up before the marriage order and in front of two witnesses, it was written in the special terms of the contract that the parties agreed that only Sharia law would apply to their marriage and that the Property Relations between Spouses Law, 5733-1973 would not apply.
- Following this argument, the plaintiff filed a motion on November 4, 2024, to reverse the burden of proof, and after the defendant submitted his response, I granted the request and determined in my decision of November 19, 2024, that the proof of the evidentiary burden in the case would be reversed.
- which took place on May 12, 2025 and July 17, 2025, the parties, the marriage registrar, the defendant's sister and the plaintiff's two brothers were questioned, and after the conclusion of the evidentiary hearing, the parties' written summaries were submitted, and now the claim must be decided.
- In this lawsuit, the plaintiff petitions for a declaratory judgment on her rights in the joint property accumulated by the parties during their joint life, to dissolve the partnership with those rights, and to order that the distribution of resources between the parties be determined at a ratio of 70% for her and 30% for the defendant himself, taking into account the circumstances of the case and the huge gap that exists in the "economic horizon" of each of the parties, all within the framework of the Property Relations between Spouses Law.
Summary of the parties' arguments: