Abstract
Golan-Nadir explores the first case study, the case of Israel, which reveals an intriguing political phenomenon, namely, the ability of institutional designs to endure overtime despite diverging preferences of the majority of the population. The Israeli Case—Israel’s Formation of Religious State Institutions—begins with the examination of the Israeli institutional formation at state building (1948), while indicating that since statehood the Israeli marriage policy has been governed by an Orthodox monopoly, which allowed religious marriage as the only statutory option in the country. It shows it was initiated to protect the unity between Jews and Israel. Finally, the chapter demonstrates the legislative stagnation on marriage policy in the seven decades of Israeli independence, as reflected through Knesset law making and other parliamentary procedures.
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Notes
- 1.
Interview with author, 1 December 2015.
- 2.
The Declaration of Independence states: “WE, MEMBERS OF THE PEOPLE’S COUNCIL, REPRESENTATIVES OF THE JEWISH COMMUNITY OF ERETZ-ISRAEL AND OF THE ZIONIST MOVEMENT, ARE HERE ASSEMBLED ON THE DAY OF THE TERMINATION OF THE BRITISH MANDATE OVER ERETZ-ISRAEL AND, BY VIRTUE OF OUR NATURAL AND HISTORIC RIGHT AND ON THE STRENGTH OF THE RESOLUTION OF THE UNITED NATIONS GENERAL ASSEMBLY, HEREBY DECLARE THE ESTABLISHMENT OF A JEWISH STATE IN ERETZ-ISRAEL, TO BE KNOWN AS THE STATE OF ISRAEL.” See at the Israel Ministry of Foreign Affairs official website: http://www.mfa.gov.il/mfa/foreignpolicy/peace/guide/pages/declaration%20of%20establishment%20of%20state%20of%20israel.aspx.
Nonetheless, Israel never officially determined the meaning of its Jewish component (religious/ethnic/national), which remains ambiguous.
- 3.
Amendment 9, clause 7A; “negation of the existence of the State of Israel as a Jewish and democratic state”. The Knesset Official Achieve—Basic Laws, see: https://www.knesset.gov.il/laws/special/eng/basic2_eng.html.
- 4.
The primary founder of the State of Israel, and the first Prime Minister of Israel.
- 5.
In Jewish Orthodox theology, there is no separation between laws governing the profane and the sacred. Moreover, Jewish law has both a religious and a national character; religious since its ultimate source is divine revelation, and national because it is an essential part of the life of the Jewish people throughout its history. Halakha denotes Jewish law as derived from the Torah and ancient scholarly works as interpreted by modern Orthodox Jewish Rabbinical authorities. Thus, the Halakha developed as a binding form of communal law that created ethnic cohesiveness among European Jews, prior to the rise of the Zionist movement at the end of the nineteenth century (see in: Berlin, 1978, p. 16).
- 6.
After the Ottoman rule over Palestine was abolished in 1917, The ‘Millet’ system was incorporated in 1922 into the Palestine King’s Order in Council of the British Mandate on Palestine (Rubinstein, 1967; Sezgin, 2010; Shava, 2000). It was provided in Article 47 in the Palestinian Order-in-council (1922) that the civil courts in Palestine shall exercise their jurisdiction over matters of personal status, “In conformity with any law, ordinances or regulations that may hereafter be applied or enacted and subject thereto according to the personal law applicable” (cited in: Shava, 2000).
- 7.
The Jewish Agency was the main Zionist institution at the time (controlled by the secular Mappai Party).
- 8.
The status quo determined that only Orthodox Judaism was recognized; Conservative (Masorti), Reform (Liberal), and Reconstructionist Judaism were not accorded the benefits of state recognition by the religious status quo arrangements (Edelman, 2000).
- 9.
Four main areas of the status quo: Shabbat (the Jewish Saturday)—the state’s day of rest would be that of Judaism; Kashrut (Jewish kosher laws of food)—kitchens in the Jewish state’s official institutions would keep kosher as defined by the authorities of Orthodox Judaism, yet, privately individual citizens would be free to choose how to observe these rules, if at all; Family laws (marriage and divorce)—a single judicial system would be preserved for the purpose of marriage and divorce, conducted in Rabbinical courts for Jews and by the relevant religious authorities for people of other faiths. There would be no civil marriage; Education—full autonomy is granted to the different Jewish denominations, while instructing the minimum standards in subjects such as the Hebrew language, Jewish history, science, etcetera.
- 10.
- 11.
- 12.
Matters of personal conduct (marriage and divorce, conversions); mandatory bible studies in the public education system, and restriction on religious national holidays (selling bread “Chametz food” on Passover; drive or present food and beverages during Yom Kippur fast).
- 13.
Administrative bodies are located in municipalities and provide religious services to the public. The councils are funded by the state for their maintenance.
- 14.
The Chief Rabbinate enjoys partial jurisdiction over several issues, including licensing of marriages and divorces, kashrut and authorization of the judges of the religious courts. The Ministry of Religious Affairs, which is the major governmental department that provides funds and services for all religious communities, retains authority over the religious councils.
- 15.
Officially, the Israeli Office of Interior registers two more forms of marriage; Civil marriage held abroad, which are conducted in accordance with the foreign state’s law and Consular marriage conducted in an official consulate representation in Israel (as long as one of the spouses is a citizen of the foreign state in point). These other forms of marriage are recognized by state institutions as eligible to receive equal rights to religiously married couples. Nevertheless, they are not recognized by the religious establishment. Though the legality of such marriage is not clear, the marriage is registered at the Israeli Population Registry, using the official public documentation of the marriage (Spokeswoman Department in the Population and Immigration Authority, personal correspondence with author, 28 February 2016).
- 16.
Yedioth Ahronoth, 9 October 1953.
- 17.
Orthodox conversions conducted abroad are examined thoroughly by the Rabbinate before it is given authorization.
- 18.
Civil courts put much effort in changing this reality, at least in matters concerning the managing of divorce.
- 19.
Based on the Knesset of Israel official archive: https://www.knesset.gov.il/archive/heb/index.htm.
- 20.
Includes 20 Knesset sessions.
- 21.
Refers to both the Masorti Foundation for Conservative Judaism in Israel, and the Israel Movement for Reform & Progressive Judaism (IMPJ).
- 22.
The Ministry of Religious Services (Hebrew: המשרד לשירותי דת (HaMisrad leSherutay Dat) (formerly Ministry of Religious Affairs and Ministry of Religion) is a government ministry of Israel that handles Jewish religious affairs.
- 23.
The 210 meeting of the 5th Knesset, 23 January 1963, Jerusalem, pp. 914–917.
- 24.
For instance, in the height of the debate, Minister Warhaftig, referred to MK Talmi as ignorant in the Jewish Halakha, as her bill simply offers that mixed couples (Jews and non-Jews) could get married—-causing assimilation.
- 25.
Yedioth Ahronoth, 24 January 1963.
- 26.
Initiated by a single member of Knesset, rather than a party/the government.
- 27.
In order to not be affiliated to the local rabbinate branch in the city of residence.
- 28.
The law, titled “Jurisdiction in matters of Marriage Annulment”, instructs the civil courts to first allow the religious establishment to decide whether they wish to divorce civilly married couples. Only if the religious establishment decides not to (for various reasons)—civil courts are handed the case. Thus, the law grants further authority to the religious establishment. This legal state of affairs in fact, produces an oxymoron, as couples forbidden from marriage by the Rabbinate, are obligated to divorce there, rather than in civil courts. See: “Jurisdiction in matters of Marriage Annulment” Law (Special Cases and International Authority) (amendment no. 3), Book of Laws no. 2219, 23 December 2009. Available at the Knesset Official Legislation Achieve: http://fs.knesset.gov.il//18/law/18_lsr_301099.pdf.
- 29.
The Knesset Research and Information Center was established in 2000 with the aspiration to provide Knesset members with professional, reliable and objective information in-house. The center provides the Knesset members, committees and departments with data, research papers and background studies pertaining to current debates, legislation and relevant parliamentary activity. For the official website, see: https://www.knesset.gov.il/mmm/eng/MMM_about_eng.htm.
- 30.
For the Metzilah Center of Zionist, Jewish, Liberal and Humanist Thought official website, see: http://www.metzilah.org.il/847.
- 31.
The 20th Knesset, 29 July 2015, bill number 2026.
- 32.
The bill was initiated in 1966 by MK Shmuel Mikonis of the Israeli Communist party (Maki).
- 33.
David Ben Gurion and his wife Paula where never religiously married.
- 34.
The 271 meeting of the 6th Knesset, 25 March 1968, Jerusalem, p. 1588.
- 35.
The 261 meeting of the 6th Knesset, 4 March 1968, Jerusalem, p. 1263.
- 36.
The 68 meeting of the 15th Knesset, 5 January 2000, Jerusalem.
- 37.
The 163 meeting of the 16th Knesset, 4 August 2004, Jerusalem, pp. 22–23.
- 38.
The 20th Knesset, question number 431, 9 March 2016, Jerusalem.
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Golan-Nadir, N. (2022). The Israeli Case: Israel’s Formation of Religious State Institutions. In: Public Preferences and Institutional Designs. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-84554-4_4
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