Bibliography 2: #BIB31420

Key	BIB31420
Reference type	Thesis
Title	Law, Religion and Domestic Violence: A Study of Judicial Decision-Making by Israeli Religious Courts in Cases of Domestic Violence
Author	Gilzer-Katz, Ariella
Year	2007
Place published	Colchester, Essex
Abstract	The State of Israel views itself as a modern western democracy, with a sophisticated legal system. There also exist in Israel more than twenty religious courts of different persuasions (Orthodox Christian, Catholic, Sharia, Druse, Jewish Rabbinical, Bahai etc.) alongside civil courts, where the religious courts have sole juridsdiction in matters relating to marriage and divorce. This study focuses on the way the Muslim and Jewish religious courts deal with domestic violence in general and husbands' violence towards wives in particular, and the degree to which the religious courts demonstrate flexibility in cases where domestic violence is involved. This is the first comparative study to be carried out of the various religious court systems' decisions in cases of violent abuse by husbands, in particular where this is brought as grounds for divorce; or for the issue of restraining orders to keep the violent husband away from the marital home or in cases where the wife leaves home to escape her husbands' violence, and sues for alimony and child support. Comparison is drawn between decisions reached in the Jewish Rabbinical Courts and those of the Muslim Sharia Courts, both of which function within the Israeli legal system. Points of similarity and of difference between the two Courts are highlighted, especially with regard to violence as grounds for divorce or for legal separation. The study surveys the development of Jewish and Muslim law, the changes wrought throughout their history in relation to the needs of the times, in particular in respect of a woman's suit to divorce, or to separate from, a violent husband. There have also been mutual influences between the secular and religious court systems in Israel, and these influences are identified and discussed. The study is based on older as well as recent verdicts reached in the Rabbinical Courts, together with recent decisions of the Sharia Courts (contingent on availability of those decisions). The comparison between the Muslim and Jewish Courts is set against an assessment of the increasing involvement of the secular courts in matters to do with domestic violence (which are still excluded from ruling on the divorce itself), and points out the areas of similarity and difference between the secular and both religious systems, which function in parallel within one national legal apparatus. Conclusions are drawn based on these comparisons, with regard to the future of the legal system in Israel, in its dealings with domestic violence, and indeed the possible future institution of civil procedures for marriage and divorce. The Muslim religious laws cited in this study were collected with the help of Muslim lawyers, and are based chiefly on the Hadith and the Quran. The Jewish Halachot are taken from the Responsa Project: The Global Jewish Data Base compiled by Bar Ilan University, which brings together over a thousand years of Jewish scholarship.
Notes	Mention of the Bahá'í Faith.
Language	English
Keywords	COURTS, RELIGIOUS; ISRAEL; VIOLENCE; ABUSE; DOMESTIC VIOLENCE; HUSBANDS; JUDAISM; ISLAM
Thesis type	Doctorate
University	University of Essex
Degree	Ph.D.

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