The Unique Family Law in the State of Israel


Book Description

In the State of Israel, the unique family law derives from ancient Jewish law, halakhic traditions, and an extensive legal tradition spanning many centuries and geographic locations. This book examines Israeli family law in comparison with the corresponding law in the United States and illuminates common issues in legal systems worldwide. The Israeli system is primarily controlled by the religious law of the parties. Thus, religious courts were also established and granted enforcement powers equivalent to those of the civil courts. This is a complex situation because the religious law applied in these courts is not always consistent with gender equality and civil rights practiced in civil court. This book seeks to clarify that tension and offer solutions. The comprehensive analysis in this book may serve as a guide for those interested in family law: civil court judges, rabbinical court judges, lawyers, mediators, arbitrators, and families themselves. Topics central to the book include issues subject to modification, the right of a minor to independent status, extramarital relationships, and joint property.




Marriage and Divorce in the Jewish State


Book Description

A comprehensive look at how rabbinical courts control Israeli marriage and divorce




Promoting Women’s Rights in Islamic Law in a Non-Muslim State – Israel


Book Description

The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.




Israel and the Family of Nations


Book Description

Amnon Rubinstein and Alexander Yakobson explore the nature of Israel's identity as a Jewish state, how that is compatible with liberal democratic norms and is comparable with a number of European states.




The Unique Family Law in the State of Israel


Book Description

In the State of Israel, the unique family law derives from ancient Jewish law, halakhic traditions, and an extensive legal tradition spanning many centuries and locations. This comparative study covers topics such as issues subject to modification, the right of a minor to independent status, extramarital relationships, and joint property.




The Israeli Legal System


Book Description

Israel is a vibrant, modern economy of great interest to many American law students due to their religious and cultural connections to Israel and to the extensive business ties between American and Israeli entities. This book presents and analyzes the prominent features of the Israeli legal system, emphasizing the ways in which it differs significantly from American law. It includes chapters on the unique Israeli approach to constitutional law, the role of religious law in Israeli law, on the legal meaning of Israel's identity as a Jewish state, and on the system of family law that allows each religion to control matters of personal status. This book presents Israeli cases, many of them translated into English for the first time, as well as Israeli statutes. The discussion of the material has a strong comparative law aspect. All primary materials are accompanied by extensive explanatory comments, as well as questions for students.




Problematizing Law, Rights, and Childhood in Israel/Palestine


Book Description

In this book, Hedi Viterbo radically challenges our picture of law, human rights, and childhood, both in and beyond the Israel/Palestine context. He reveals how Israel, rather than disregarding international law and children's rights, has used them to hone and legitimize its violence against Palestinians. He exposes the human rights community's complicity in this situation, due to its problematic assumptions about childhood, its uncritical embrace of international law, and its recurring emulation of Israel's security discourse. He examines how, and to what effect, both the state and its critics manufacture, shape, and weaponize the categories 'child' and 'adult.' Bridging disciplinary divides, Viterbo analyzes hundreds of previously unexamined sources, many of which are not publicly available. Bold, sophisticated, and informative, Problematizing Law, Rights, and Childhood in Israel/Palestine provides unique insights into the ever-tightening relationship between law, children's rights, and state violence, at both the local and global levels.




Battering States


Book Description

Battering States explores the most personal part of people's lives as they intersect with a uniquely complex state system. The book examines how statecraft shapes domestic violence: how a state defines itself and determines what counts as a family; how a state establishes sovereignty and defends its borders; and how a state organizes its legal system and forges its economy. The ethnography includes stories from people, places, and perspectives not commonly incorporated in domestic violence studies, and, in doing so, reveals the transformation of intimate partner violence from a predictable form of marital trouble to a publicly recognized social problem. The politics of domestic violence create novel entry points to understanding how, although women may be vulnerable to gender-based violence, they do not necessarily share the same kind of belonging to the state. This means that markers of identity and power, such as gender, nationality, ethnicity, religion and religiosity, and socio-economic and geographic location, matter when it comes to safety and pathways to justice. The study centers on Israel, where a number of factors bring connections between the cultural politics of the state and domestic violence into stark relief: the presence of a contentious multinational and multiethnic population; competing and overlapping sets of religious and civil laws; a growing gap between the wealthy and the poor; and the dominant presence of a security state in people's everyday lives. The exact combination of these factors is unique to Israel, but they are typical of states with a diverse population in a time of globalization. In this way, the example of Israel offers insights wherever the political and personal impinge on one another.




Defending Israel


Book Description

World-renowned lawyer Alan Dershowitz recounts stories from his many years of defending the state of Israel. Alan Dershowitz has spent years advocating for his "most challenging client"—the state of Israel—both publicly and in private meetings with high level international figures, including every US president and Israeli leader of the past 40 years. Replete with personal insights and unreported details, Defending Israel offers a comprehensive history of modern Israel from the perspective of one of the country's most important supporters. Readers are given a rare front row seat to the high profile controversies and debates that Dershowitz was involved in over the years, even as the political tides shifted and the liberal community became increasingly critical of Israeli policies. Beyond documenting America's changing attitude toward the country, Defending Israel serves as an updated defense of the Jewish homeland on numerous points—though it also includes Dershowitz's criticisms of Israeli decisions and policies that he believes to be unwise. At a time when Jewish Americans as a whole are increasingly uncertain as to who supports Israel and who doesn't, there is no better book to turn to for answers—and a pragmatic look toward the future.




The State of Israel vs. the Jews


Book Description

A PopMatters Best Book of the Year A perceptive study of how Israel’s actions, which run counter to the traditional historical values of Judaism, are putting Jewish people worldwide in an increasingly untenable position, now with a new introduction. More than a decade ago, the historian Tony Judt considered whether the behavior of Israel was becoming not only “bad for Israel itself” but also, on a wider scale, “bad for the Jews.” Under the leadership of Benjamin Netanyahu, this issue has grown ever more urgent. In The State of Israel vs. the Jews, veteran journalist Sylvain Cypel addresses it in depth, exploring Israel’s rightward shift on the international scene and with regard to the diaspora. Cypel reviews the little-known details of the military occupation of Palestinian territory, the mindset of ethnic superiority that reigns throughout an Israeli “colonial camp” that is largely in the majority, and the adoption of new laws, the most serious of which establishes two-tier citizenship between Jews and non-Jews. He shows how Israel has aligned itself with authoritarian regimes and adopted the practices of a security state, including the use of technologies such as the software that enabled the tracking and, ultimately, the assassination of Saudi Arabian journalist Jamal Khashoggi. Lastly, The State of Israel vs. the Jews examines the impact of Israel’s evolution in recent years on the two main communities of the Jewish diaspora, in France and the United States, considering how and why public figures in each differ in their approaches.