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Last update - 12:43 21/02/2008 A law contrived in secret By Haaretz Editorial Tags: Israe, law, Rabbinical courts Following 60 years since the historic error of not separating religion from the state, the government is now expanding the authority of religion in the judiciary. Instead of heading the opposite way and taking away from the rabbinical courts their monopoly in matters of marriage and divorce, the state is now granting them further decision making powers in civil matters. According to the bill prepared by the ministerial committee on legislation, the citizens of Israel will not be able to choose what kind of court will deliberate their disputes on capital, property and contracts. Will they choose to be judged according to the law of the Torah, or according to the law of the Knesset? All this was contrived nearly in total secret in the prime minister's bureau, in order to please Shas, with the assistance of ministers Yitzhak Herzog and Ruhama Avraham. This superfluous piece of proposed legislation is even being presented as an achievement to women's organizations, because it blocked a much worse bill. This distortion of the facts is nothing more than a rude spin. Advertisement Over the years, the rabbinical courts have taken upon themselves authority that had not been granted to them by law, and transformed themselves into arbitrators and judges in a variety of matters. Two years ago, Supreme Court Justice Ayala Procaccia ruled that the rabbinical courts are delving in areas that are beyond their authority. Since then, Shas tried to overturn that ruling and to anchor the practice already rejected by law, which would allow the rabbis to rule also on civil matters and not only on marriage and divorce. On the face of it, the proposed legislation appears innocent. It states that the rabbinical courts will henceforth be able to deliberate, "with both sides agreeing," also on matters of capital of the divorced couple after a divorce is issued, and also in civil matters such as property disputes and contracts. However the concept "in agreement" may lose its significance because in the world of the religious and the ultra-Orthodox agreement can be imposed on the sides through censures, banishment, and motivational pressure by others praying at the same synagogue. The mere fact that there is a possibility to choose a different judicial authority is an unnecessary and unacceptable form of pressure. There is no reason for all the citizens of the country not to be judged under the same laws. Setting up a parallel and religious judiciary in civil matters is a terrible idea. Currently any person that is involved in a dispute can turn to an arbitrator who can rule on his case. Many do turn to rabbinical arbitrators, who are considered informed and efficient, as long as the arbitration has the required approval of a civil court. The proposed change will transform the rabbinical courts into a competing judiciary, and no approval will be necessary any longer for its decisions. Justice Procaccia warned the rabbis not to continue with their behavior, because it lacked the backing of the law. In response, the religious parties managed to gain for the rabbinical courts broad legal authority, contravening the opinion of the justice minister and in cooperation with Labor and Kadima, who let their guard down. Before this bill is approved in the Knesset, the secular MKs must wake up and vote it down. Bookmark to del.icio.us   The black sheep The U.S. freezes Assad's cousin's assets for trying to weaken Iraq and Lebanon. Pristina, Ramallah Yasser Abed Rabbo called on the West Bank to declare independence like Kosovo.   1.   Jewish State???????? 13:21  |  Ani 21/02/08   2.   Ever hear of binding arbitration ? 15:47  |  Tom 21/02/08   3.   Post Spinoza - Reform Judaism - Option B 15:59  |  St dorge 21/02/08   4.   Jewish State and the Courts 16:17  |  Joshua 21/02/08   5.   IT`S TIME TO UNCOVER THE CORRUPT JUDICIARY OF SECULAR COURTS. JEW 18:01  |  VOICE of MOSHIACH))) 21/02/08   6.   Religious Freedom 19:42  |  P. J. Casey 21/02/08   7.   Micah 3:9-12 23:05  |  AliciaYasmeen 21/02/08   8.   To #2 06:40  |  Gordon 22/02/08

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