The main thesis of this Article is that after 1994, with the nomination of new qadis to the Shari‘ah Court, a process of judicial activism began, which continues until this day. This process has been characterized by the qadis' attempts to strengthen the position of the Shari‘ah Appeals Court. In some fields the qadis' activism has been more successful than in others. Recently however, it seems that the Shari‘ah system is undergoing a crisis. The author will analyze the actions of the Shari‘ah Appeals Court on several parallel levels: (1) the strengthening of its position compared with those of the civil courts and the regional Shari‘ah Courts; and (2) a symbolic strengthening of its position in relation to (i) Israeli Law; (ii) the litigants and their attorneys; and (iii) the Muslim public. The author will then analyze the current crisis of the Shari‘ah system and the need for reform. The author will focus upon the internal dynamics of the Shari‘ah Court of Appeals, the interaction of its different actors, and suggest reforms to be made that will strengthen the legitimacy of its position in relation to the State of Israel and with the Muslim populous. Before proceeding to the analysis, however, some background regarding the religious Muslim world in Israel is necessary.
Dr. Moussa Abou Ramadan,
Judicial Activism of the Shari'ah Appeals Court in Israel (1994 - 2001): Rise and Crisis,
27 Fordham Int'l L.J. 254
Available at: http://ir.lawnet.fordham.edu/ilj/vol27/iss1/10