Thursday, March 23, 2023

Non-state tribunals

First Things has an article on the conflict between "Jewish" and "democratic". It says a new proposal expands "the reach of the country's religious tribunals".

The devil is in the details, but from the linked site:

It is proposed to stipulate that rabbinical courts will have arbitration authority in a civil matter on which an agreement can be reached, if the involved parties have expressed their consent to this. As part of exercising its authority, the rabbinical court is entitled to hear [the cases] and rule according to Jewish law

At first glance this seems rather straightforward, but three issues come to mind--a lawyer might think of more.

  • Can all parties consent? If a city ordinance says I can't rent or buy without pre-consenting, I haven't really consented; I'm compelled.
  • Does this give a blank check to the tribunals: rule as you please and we'll send policemen to enforce it? What exactly will be a "civil matter"?
  • Who determines when a tribunal has become corrupt and is perverting their own law?

Will they continue on to the rest of millet system, and provide for Christian and Muslim tribunals as well?

If their jurisdiction is restricted, and there's no compulsion, it seems a relatively harmless approach; little different from submitting to binding arbitration. I gather that is already the case at some level, so--the devil is in the details. It probably needs a lawyer trained in Israeli law to tell.

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