Partial Recognition of Civil Marriage
In 1951 the Supreme Court of Israel ruled that marriages entered into outside Israel conducted by a rabbinical court in accordance with halakha must be recognized in Israel. The case before the court involved a couple who were not residents or citizens of Israel at the time of their marriage. However, commentators have noted that the case did not deal with a situation where one or both of the couple were residents or citizens of Israel, nor with a civil marriage abroad.
The issue of recognition of civil marriages is of special significance in Judaism because Orthodox Judaism has various prohibitions involving marriages. These include restrictions on marriages involving a mamzer and by kohenim, but there are other restrictions. Such marriages will not be sanctioned by religious authorities and, as there is no form of civil marriage, cannot be formally entered into in Israel. The couples in these prohibited marriage situations sometimes marry overseas, mostly in Cyprus, which is near Israel.
In 1962 the Supreme Court determined that the Ministry of the Interior must register as married couples who married in a civil marriage abroad, even if either or both of the couple were citizens of Israel. This judgment was interpreted as a minor technical issue, as the act of registration was said to be for statistical purposes only, and not a recognition of the personal status of the couple, as registration does not determine the validity of the marriage.
In a judgment given in November 2006 retired President of the Supreme Court Aharon Barak ruled that the recognition of a civil marriage entered into abroad extended to its validity and recognition as a marriage for the purpose of Israeli law, overruling a rabbinical court, which had determined that a religious court had the authority to decide the validity or otherwise of a civil marriage entered into abroad.
Read more about this topic: Marriage In Israel
Famous quotes containing the words partial, recognition, civil and/or marriage:
“It is characteristic of the epistemological tradition to present us with partial scenarios and then to demand whole or categorical answers as it were.”
—Avrum Stroll (b. 1921)
“While you are nurturing your newborn, you need someone to nurture you, whether it is with healthful drinks while you’re nursing, or with words of recognition and encouragement as you talk about your feelings. In this state of continual giving to your infant—whether it is nourishment or care or love—you are easily drained, and you need to be replenished from sources outside yourself so that you will have reserves to draw from.”
—Sally Placksin (20th century)
“Both of us felt more anxiety about the South—about the colored people especially—than about anything else sinister in the result. My hope of a sound currency will somehow be realized; civil service reform will be delayed; but the great injury is in the South. There the Amendments will be nullified, disorder will continue, prosperity to both whites and colored people will be pushed off for years.”
—Rutherford Birchard Hayes (1822–1893)
“But most thro’ midnight streets I hear
How the youthful Harlots curse
Blasts the new-born Infants tear
And blights with plagues the Marriage hearse”
—William Blake (1757–1827)