Israel: Dynamism and schizophrenia

Introduction Historical roots, sources and law reform The split in law and jurisdiction Israeli family law is characterized by a split in law as well as a split in jurisdiction. In terms of law, some aspects of family law are governed by civil (and territorial) law, while other aspects, defined as ‘matters of personal status’, are governed by the ‘personal law’ of the pertinent individual. The personal law of Israeli citizens and residents is their religious law, provided they belong to a recognized religious community. Various religious communities are recognized in Israel: Jews, Muslims, Druze and ten Christian denominations. For Israeli citizens who do not belong to a recognized religious community, either because they are members of a religious community not recognized under Israeli law, or because they do not belong to any religion, no applicable personal law applies. The personal law of foreign citizens is the law of their nationality (‘unless that law imports the law of their domicile, in which case the latter shall be applied’). The split between the civil and religious systems on family law matters is not only in law but in jurisdiction as well. Recognized religious communities under Israeli law operate religious courts. Here again, some aspects of family law are under the exclusive jurisdiction of the relevant religious courts, while others are under a parallel jurisdiction of the civil system of family courts and the religious system.