Dilemmas of Civil Tribunals in Formulating Their Positions Towards Religious Tribunals – The Case of Custody of Muslim Children

5 Journal of Law, Religion and State 214-253 (2017)

39 Pages Posted: 7 Dec 2017

See all articles by Haya Sandberg

Haya Sandberg

Hebrew University of Jerusalem

Haim Sandberg

College of Management (Israel) - School of Law

Date Written: December 1, 2017

Abstract

The paper deals with dilemmas of civil-secular tribunals when formulating a position towards decisions of religious tribunals with regard to custody of children. The paper examines the Israeli Supreme Court's approach towards rulings of the Sharia courts and rabbinical courts. It further compares it to similar tensions in the United States, Canada and Britain. While civil tribunals are apparently totally committed to civil non-religious law, religious tribunals, though committed to act in accordance with the fundamental principles of the state's civil law, are also obliged to act according to religious law. The paper argues that the actual scope of the above tension is more limited than it appears at first glance. There is an attempt to reconcile the need to protect women and children on the one hand with freedom of religion, multiculturalism and rights of ethnic minorities and immigrants, on the other.

Keywords: Child and minor Custody, Child and minor Guardianship, Islam, Muslim, Sharia, Women Rights, Feminism, Equality, Gender Discrimination, Save our State Laws, Law and Religion, Law and Society, Law and Culture, Jewish Law, Israel, Circumcision, Religious Tribunals, Religious Rights, Child Education, Im

JEL Classification: K36, K49

Suggested Citation

Sandberg, Haya and Sandberg, Haim, Dilemmas of Civil Tribunals in Formulating Their Positions Towards Religious Tribunals – The Case of Custody of Muslim Children (December 1, 2017). 5 Journal of Law, Religion and State 214-253 (2017), Available at SSRN: https://ssrn.com/abstract=3080850

Haya Sandberg

Hebrew University of Jerusalem

Mt. Scopus, Jerusalem 02.588.0044
Jerusalem, Jerusalem
Israel

Haim Sandberg (Contact Author)

College of Management (Israel) - School of Law ( email )

7 Yitzhak Rabin Blvd.
P.O. Box 25072
Rishon LeZion, IL Israel 75190
Israel
972-3- 9634096 (Phone)

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