Dilemmas of Civil Tribunals in Formulating Their Positions toward Religious Tribunals
The Case of Custody of Muslim Children
In: Journal of Law, Religion and StateSearch for other papers by Haya Sandberg in
Current site
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Search for other papers by Haim Sandberg in
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The paper addresses the dilemmas of civil-secular tribunals when formulating a position toward decisions of religious tribunals with regard to the custody of children. The paper examines the approach of the Israeli Supreme Court toward rulings of Sharia and rabbinical courts, comparing them with similar tensions in the US, Canada, and the UK. Civil courts appear to be entirely committed to civil, non-religious law. Religious tribunals, however, although committed to act in accordance with the fundamental principles of state civil law, are also obligated to act in accordance with religious law. The paper argues that the extent of the above tension is much more limited than it appears at first glance. There is an attempt to reconcile the need to protect women and children on one hand with freedom of religion, multiculturalism, and the rights of ethnic minorities and immigrants, on the other.
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| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 345 | 83 | 20 |
| Full Text Views | 186 | 2 | 0 |
| PDF Views & Downloads | 34 | 7 | 0 |
Dilemmas of Civil Tribunals in Formulating Their Positions toward Religious Tribunals
The Case of Custody of Muslim Children
In: Journal of Law, Religion and StateSearch for other papers by Haya Sandberg in
Current site
Google Scholar
PubMed
Search for other papers by Haim Sandberg in
Current site
Google Scholar
PubMed
The paper addresses the dilemmas of civil-secular tribunals when formulating a position toward decisions of religious tribunals with regard to the custody of children. The paper examines the approach of the Israeli Supreme Court toward rulings of Sharia and rabbinical courts, comparing them with similar tensions in the US, Canada, and the UK. Civil courts appear to be entirely committed to civil, non-religious law. Religious tribunals, however, although committed to act in accordance with the fundamental principles of state civil law, are also obligated to act in accordance with religious law. The paper argues that the extent of the above tension is much more limited than it appears at first glance. There is an attempt to reconcile the need to protect women and children on one hand with freedom of religion, multiculturalism, and the rights of ethnic minorities and immigrants, on the other.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 345 | 83 | 20 |
| Full Text Views | 186 | 2 | 0 |
| PDF Views & Downloads | 34 | 7 | 0 |