In order to be certified to represent clients in Sharia courts, individuals with legal education or expertise in Sharia law must pass certification exams administered by the Committee for Sharia Law Examinations, whose members are appointed by the Minister of Justice every three years. The last appointment of committee members expired in October 2023, and the Associate Minister of Justice, who has the authority to appoint the committee, has still not appointed new members. As a result, certification exams for Sharia advocates have not been held for two years.
On January 27, 2025, the Association for Civil Rights petitioned the Supreme Court demanding the appointment of committee members so that new Sharia advocates can be certified. The petition was filed on behalf of 15 legal professionals and Sharia graduates who wish to take the certification exams.
The petition argues that the committee’s paralysis violates the constitutional rights of dozens of advocates from the Arab and Muslim community to freedom of work and equality. This point is further strengthened by the fact that examination committees of the Bar Association and Rabbinical advocates continue to be appointed and to convene, and exams continue to be held, even during the war. The petition further argues that this situation discriminates against the entire Sharia court system, which is the only authority able to judge Muslim religious, matters such as marriage and divorce, and against its clientele. Additionally, it asserts that the Minister has a legal obligation to appoint committee members, and the failure to do so exceeds the Minister’s authority and administrative duties.
On February 18, 2025, the state submitted a preliminary response to the petition, announcing that on February 3, 2025 the Minister signed the committee's appointment letter and that an examination for Sharia advocates will be held in May.
HCJ 72510-01-25 Salaima v. Additional Minister in the Ministry of Justice Attorneys Abeer Jubran, Elza Bounia
The Petition, January 27, 2025
The State's Preliminary Response, February 2025
ACRI’s appeal to Ministers of Justice before filing the petition, November 11, 2024