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Unnecessary authority for the rabbinical courts
By Haaretz Editorial
Tags: Israel News, Yaakov Neeman 

Justice Minister Yaakov Neeman's conduct relating to a bill that would expand the authority of the rabbinical courts raises concerns that there exists a disparity between his own policies and that of his office.

Neeman's initial response to the story published by Haaretz correspondent Yair Ettinger on Monday, which reported that the ministry was drafting a governmental bill on the issue, was to vociferously deny its existence. But both he and his spokesman also said he called for a meeting on the issue which had been canceled "because of a leak."

In light of the news that the Ministry of Justice is drafting such a bill, and because previous justice ministers have attempted to pass variations of similar ones, it is hard to keep calm over the conflicting information coming from various sources. These sources include rabbinical courts and politicians, who have tied the bill to coalition agreements involving Likud and ultra-Orthodox parties Shas and United Torah Judaism, and even the Justice Ministry itself.
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It is a fact that in recent years religious parties and rabbinical courts have tried to expand their legal authority. First on marital matters, which they already control, and regarding other civil issues as well. Even more critical is the government's responsiveness to such demands.

A dangerous trend is emerging, that may assist the aim of the extreme orthodox establishment, which does not recognize the state judiciary and is increasingly seeking to separate itself from the state apparatus. Its new rival system will be based on parochial religious principles that contradict the spirit of Israel's laws - particularly the Basic Law of Human Dignity and Liberty.

The judiciary recognizes the dangers and is doing its best to thwart the move. The High Court of Justice's 2006 decision in which justice Ayala Procaccia ruled that rabbinical judges have "only [the authorities] that the law grants them" is now at risk of being circumvented. As with the issue of conversion, the Ministry of Justice is leaning toward cooperating with the rabbis rather than the courts.

The conflict within the judiciary, or between the state and the religious and orthodox communities, is flaring up on other fronts and represents the worrying deterioration of the state's jurisdiction. For instance, the High Court recognized conversions carried out abroad by non-Orthodox movements of Judaism and required the state to register converts as being Jewish. However, the state authorities charged with conversion and the rabbinical courts are doing their best to make it difficult for those seeking to convert to Judaism and the Interior Ministry is delaying their registration. It is hard not to conclude that the rabbinical establishment has already achieved some of its goals and that the judiciary has been undermined.

Neeman did well when he denied any intention to draft such a bill and that in any case he opposed it. One must hope that he manages to stand in its way and defends the state which he has been entrusted to protect.
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