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Historical Review

17/09/2018 - 11:31:19 am

The ecclesiastical courts under the jurisdiction of the Greek Orthodox Patriarchate of Jerusalem

 


In General

 

The  ecclesiastical court, is the judiciary of the Orthodox Church, and has the jurisdiction of resolving disputes, mainly of spiritual or religious matters, of its parish members, by the use of the Ecclesiastical law, which is legislation comprised of several laws and codes that are approved by the Holy Synod, It is the highest Ecclesiastical authority.
The Ecclesiastical law has two origins:  The Canon law, that is the same for all the Orthodox Churches, and the Civil law of the country in which the ecclesiastical court is located, law that can differ from region to region and as a result, can differ also the Ecclesiastical law from region to region.
 

 


The Judicial composition of the Ecclesiastical courts, and the limits of their region jurisdiction

 

The Greek Orthodox patriarchate of Jerusalem has Ecclesiastical courts in various locations, according to the regional Ecclesiastical jurisdiction, which is given to these courts by the Holy Synod.

The Ecclesiastical Courts in use today according to the given jurisdiction are mentioned further on: 

1. The Ecclesiastical Court of Appeals in Jerusalem "the appellate court", commonly called an appeals court and/or court of appeals, court of second instance, has the authority and is entitled to hear an appeal of a trial court and/or a court of first instance and/or to review the submitted decisions challenged by appeal of court of first instance

2. The Ecclesiastical Court of Jerusalem has the authority and jurisdiction to resolve all disputes submitted by Greek orthodox parishes in the district of Jerusalem and the surroundings areas as well as the whole of Palestine Authority areas, except for Gaza strip.

3. The Ecclesiastical Court of the Holy Metropolis of Ptolemaida have the authority and jurisdiction to resolve all disputes submitted by Greek orthodox parishes in the district of Arce, Haifa and the nearby towns and/or villages.

4. The Ecclesiastical Court of the Holy Metropolis of Nazareth  have the authority and jurisdiction to resolve all disputes submitted by Greek orthodox parishes in the district of Nazareth and nearby towns and/or villages and Tiberias

5. The Ecclesiastical court in Amman (Jordan) have the authority and jurisdiction to resolve all disputes submitted by Greek orthodox parishes in the district of Amman in Jordan as well as the whole Hashemite Kingdome of Jordan.

6. The Ecclesiastical Court in Jaffa have the authority and jurisdiction to resolve all disputes submitted by Greek orthodox parishes in the districts of Jaffa-Tel Aviv, Lod, Ramle and the nearby towns and/or villages.

7. The Ecclesiastical Court of Gaza have the authority and jurisdiction to resolve all disputes submitted by Greek orthodox parishes in the district of Gaza only.

 


The applied laws and legislations by the ecclesiastical courts

 

The applied laws and legislations by the ecclesiastical courts in general are:
1. BYZANTINE FAMILY LAW 1901
2. Succession ordinance law (inheritance law) 1889
3. The civil legislation that has reference to Family and Inheritance issues, legislated by the Countries and Authorities within the ecclesiastical Jurisdiction.
4. Decisions and/or verdicts or the ecclesiastical court of appeal
5. Decisions dealing with Family law and procedure of the Ecclesiastical Courts made by Holy Synod as the highest Ecclesiastical authority