Chapter

Jewish Law in the State of Israel

Daniel Sinclair

in An Introduction to the History and Sources of Jewish Law

Published in print March 1996 | ISBN: 9780198262626
Published online March 2012 | e-ISBN: 9780191682360 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262626.003.0015
Jewish Law in the State of Israel

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Since the establishment of the State of Israel, Rabbinical Courts, which are comprised of religious judges who rely largely on the traditional halakhah, have dominated the jurisdiction for various matters of personal status. Although other areas of Israeli Law have determined and influenced Jewish Law, the extent to which this influence has become a binding influence is an issue that is subject to debate. While members of the Israel judiciary would generally believe that legal enrichment is derived from Jewish Law, this chapter provides a discussion regarding how arguments concerning the Foundations of Law Act 1980 would prove otherwise, through illustrating how Jewish Law is subject only to selective application. The chapter also explains how the Mishpat Ivri plays no small part in creating tensions within modern and traditional aspects of Israeli culture, and significantly impacts developments on Israeli Law.

Keywords: Israel; personal status; Rabbinical Courts; halakhah; Jewish Law; Mishpat Ivri; Israeli culture; Israeli Law

Chapter.  10350 words. 

Subjects: History of Law

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