The Interplay between Tort Law and Religious Family Law: The Israeli Case

23 Pages Posted: 30 Nov 2009

See all articles by Ayelet Blecher-Prigat

Ayelet Blecher-Prigat

College of Law & Science

Benjamin Shmueli

Bar-Ilan University - Faculty of Law

Date Written: November 27, 2009

Abstract

The Article concerns the application of tort law doctrines by Israeli courts to ameliorate suffering caused by the governance of religious law over family matters, in general, and the suffering of Jewish women seeking divorce in particular. It describes the role of religious law in Israeli family law and the methods used by Israeli civil court judges to evade the implications of applying patriarchal and often archaic religious laws; and then describes the particular problems encountered by Jewish women attempting to obtain a divorce under Jewish religious law as well as the difficulties encountered by a civil system coping with this problem and working to formulate a useful solution. The article then moves to survey the development of a novel tortious cause of action in Israeli family (civil) courts for refusal to give a get, a Jewish contract of divorce, which can only be given with the consent of both parties. Finally, the article considers the various dilemmas such a tort claim raises, with a focus on difficulties that arise from examining the issue in light of traditional tort law principles, mainly the rule of negligence.

Suggested Citation

Blecher-Prigat, Ayelet and Shmueli, Benjamin, The Interplay between Tort Law and Religious Family Law: The Israeli Case (November 27, 2009). Arizona Journal of International and Comparative Law, Vol. 26, No. 2, p. 279, 2009, Available at SSRN: https://ssrn.com/abstract=1514365

Ayelet Blecher-Prigat

College of Law & Science ( email )

1 Aliat Ha'Noar St.
P.O.B. 261
Hod Hasharon, 45101
Israel
972-9-7750343 (Phone)

Benjamin Shmueli (Contact Author)

Bar-Ilan University - Faculty of Law ( email )

Faculty of Law
Ramat Gan, 5290002
Israel

HOME PAGE: http://www.law.biu.ac.il/en/node/455#tabs-tabset-5

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
101
Abstract Views
658
rank
312,939
PlumX Metrics