Religious Courts (Enforcement of Compliance and Procedure) Law, 5716-1956

In this Law –

"court" –

A court, when hearing a matter within its jurisdiction, may summon any person to appear before it in order to respond to a claim filed against that person or to argue a claim that person has filed.

A court, when hearing a matter within its jurisdiction, may summon any person to appear before it in order to give evidence or to produce a document in that person's possession, all to the extent necessary for the clarification of the matter.

A person summoned as referred to in section 2 where the matter in connection with which that person was summoned is within the exclusive jurisdiction of the court, and also a person summoned as referred to in section 3, who has not appeared at the time and place specified in the summons and has not given a reason therefor to the satisfaction of the court, the court may issue a warrant of arrest for the purpose of enforcing the attendance of the person summoned; and it may, whether or not such an order has been issued, order that person to pay the costs, in whole or in part, occasioned by that person's non-attendance, and impose a fine on that person not exceeding half the fine referred to in section 40(2) of the Penal Law, 5737-1977 (in this Law – the Penal Law).

A person who appeared or was brought before a court as aforesaid, and refused to give testimony, or to produce a document in his possession, or to answer a question put to him, and did not provide a reason for his refusal to the satisfaction of the court, the court may fine him in an amount not exceeding half the fine referred to in section 40(2) of the Penal Law, and may order him to pay all or part of the costs incurred by reason of his refusal; however, the court shall not be competent to fine or to order a person in respect of his failure to answer a question or to produce a document which in the opinion of the court he was not obliged to answer or produce under the law applicable in court.

A court may order that a party pay to a person who was summoned and appeared before it an attendance allowance at the rate to be prescribed by Regulations.

Where a court, when hearing a matter within its jurisdiction, is satisfied that there is prima facie credible evidence supporting the cause of action, and also one of the following:

the court may issue an order prohibiting the defendant from leaving the country, and may also direct the deposit of that person's passport or travel document or impose conditions on that person's departure, all where it is not possible to secure the clarification of the proceedings or the execution of the judgment by way of the provision of appropriate security or by other means, including by way of the deposit of a bill of divorce.

In the rabbinical courts and the Sharia courts, a guard service shall operate which shall be subject to the provisions of Chapter III-A of the Courts Law [Consolidated Version], 5744-1984, with the necessary modifications; however, the Minister of Justice, with the consent of the Minister of Finance and the Minister of Internal Security and with the approval of the Constitution, Law and Justice Committee of the Knesset, and in relation to rabbinical courts – also with the consent of the Minister for Religious Services, shall prescribe by Regulations the organisational structure of the guard service and the commencement date of its operation; in this section, "Sharia court" – a Muslim religious court within the meaning of section 52 of the Palestine Order in Council, 1922 to 1947.

The Minister for Religious Affairs shall make, with the consent of the Minister of Justice, Regulations in respect of sections 7b to 7d, including Regulations concerning procedural rules in proceedings under those sections.

Nothing in the provisions of sections 7b to 7d shall derogate from any other power vested in a court under law.

The Minister for Religious Affairs is responsible for the implementation of this Law, and may make Regulations in respect of everything relating to its implementation.