A: Me, if I heard? No, I, I can't say I heard what they were talking about, but I saw that they were talking together."
She later testified: (See p. 49, paras. 18-19 for the transcript of the hearing of May 12, 2025)
"Honorable Judge: Did you hear the content of the conversation between the marriage impressionist and the lady?
A: Yes, I heard, yes of course, that it is not, I have not heard the Sharia law, the law of the Sharia, but I imagine it."
- The defendant and his witnesses were questioned before me regarding the circumstances of the marriage contract and the terms of the contract. The defendant's version and his sister's version did not stand the test of cross-examination and were found to contain deficiencies, contradictions and question marks that do not have convincing explanations, especially with regard to the explanation of the special condition that was recorded in the marriage contract, when I received the reliable explanation in my opinion from the defendant's witness, Mr. the witness D.P., the Registrar of Marriage, whose testimony I was convinced and under the impression that the Marriage Registrar does not give the parties an explanation of the terms of the contract, and even if this is mentioned, it is mentioned incidentally. Because the "working assumption" is "that everyone knows." However, this is contrary to the provisions of the law and case law, that it is necessary to explain and make sure in practice that the parties indeed understand the meaning of the condition.
To summarize this point -
- From all of the above, and after the defendant has not been able to meet the burden of proof as aforesaid, I order the rejection of the defendant's claim that at the time of the divorce of the parties, a financial arrangement will apply to them according to Islamic Sharia law, and determine that the parties will be subject to the Property Relations between Spouses Law, 5733-1973.
The Actuary's Determinations Regarding the Financial Rights of the Parties
- On June 17, 2024, the expert's opinion regarding the pecuniary rights of the parties was submitted, hereinafter: "the expert's opinion".
- The appointment of an expert is intended to assist the court in deciding issues that require professional knowledge of expertise. When the court appoints an expert to provide professional data for the purpose of a decision, it is reasonable that the court will adopt the expert's findings unless there are clear reasons not to do so.
See: Civil Appeal 5509/09 Masarwa v. Estate of the Late Masarwa [Nevo] (February 23, 2014).