|
|||||||||
|
|
More from -- The State of Israel was founded in 1948 on the noble goals and principles laid out in the Declaration of Independence which stated that "The State of Israel will provide full and equal political and social rights to all citizens regardless of religion, race, or sex, and will assure freedom of religion, conscience and culture...." More than 50 years have past since then and many of those fundamental human rights have not yet been translated into laws and Constitutional guarantees. Sadly, one of the groups that suffers most seriously from the lack of freedom of religion and equality in Israel are women who face overt and covert discrimination by the Orthodox Rabbinical Authorities, who hold a monopoly on all matters of marriage and divorce. A woman's, as well as a man's, right of freedom of choice to marry and to divorce is denied in Israel, although international treaties and declarations consider it one of the fundamental human rights. Thousands of Israeli women have had to live through the emotionally degrading and often humiliating experience of confronting the Orthodox Rabbinical Courts on matters of divorce where men are given inordinate legal leverage over women, who are often forced to purchase their freedom and separation by having to pay ransom and having to give-in to unfair concessions. Hundreds of Israeli women have had to face the unbearable suffering, often lasting many years, of not being able to obtain a divorce and start a new life and a new family, since in the eyes of the Orthodox Rabbinical Court they are agunot (unable to divorce) inasmuch as their husbands are missing in action, have left the country or have abandoned them and cannot be found. Others are in the category of meukavei/meukavot get (denied a divorce - by their husbands). Since in the Jewish religious courts a women can only receive a divorce if she obtains the permission of her husband. This study sponsored by a grant from the Mauerberger Foundation Fund of South Africa on "Freedom of religion -- assuring equal rights for women" -- is an investigation concerning the lack of equality of women in Israel in matters of personal status-marriage and divorce. The study includes proposals on how to achieve freedom of religion and equal rights for women in Israel and in the final analysis freedom of choice in marriage and divorce. The frank and often harsh revelations of this study may cause anguish and discomfort among some of the readers who will find it hard to believe that as Israel enters the 21st Century, such overt inequities and lack of fundamental human rights for women exist in Israel. However, it is the role of academic investigative social research to bring such problems to the surface so that they can be dealt with -- so that society can make the changes needed to achieve an end to the inequities and discrimination faced by women in Israel. The growing need for a solution to these problems is illustrated by the fact that due to the restrictions and procedures of the Orthodox Rabbinate in Israel, tens of thousands of young Israeli couples are shying away from the Rabbinate and flocking to alternative forms of family units -- living together and marriage such as civil marriage abroad, common law marriages, legal and prenuptial agreements without formal marriage. The Conservative and Reform Movements, despite the fact that their marriages are not legally recognized in Israel, are now more and more combining civil marriage with liberal religious marriage ceremonies which are in growing demand in Israel. According to the report of the Central Bureau of Statistics in Israel, during the period of 1975-1998 the population of Israel increased from about four and one half million to six million a 25% increase -- while the number of couples married by the Rabbinate remained the same at about 28-29,000 couples per year. In 1998 some 5,000 couples were registered as having had civil marriages abroad. It has been estimated based on these facts that some 25% of Israel young couples have found alternative solutions outside the framework of the Israel Orthodox Rabbinate. This illustrates that there is a growing and massive public demand for a release from the rigid demands and requirements of the monopoly held by the Israel Orthodox Rabbinate in matters of marriage and divorce. The basic recommendation of this study, so as to achieve a fundamental correction of this situation, is for the Knesset of Israel to pass a constitutional law assuring full equality regardless of sex as well as freedom of religion for all. HEMDAT - The Council for Freedom of Science Religion and Culture in Israel together with Constitution for Israel have drafted the Basic (Constitutional) Law for Freedom of Religion whose aim is to finally achieve the goals of freedom of religion called for in Israel's Declaration of Independence Such a law will bring to an end the unjust lack of equality faced by women in Israel in matters of marriage and divorce and will assure all citizens freedom of choice in religion and in marriage including the option of civil marriage and divorce. HEMDAT together with Shatil of the New Israel Fund have formed a broad coalition to promote freedom of choice in marriage. " The Forum for Freedom of Choice in Marriage" includes some 20 Israeli top ranking, grass roots organizations, working for freedom of religion , pluralism, women's rights, civil liberties, human rights, and social justice who have joined together to assure coordination and effective education, advocacy, legal defense and mass action to achieve their shared goal. It is hoped that this authoritative study will provide basic information and background in depth for all those scholars interested in the subject and for those individuals and groups working for change It is hope that this study will encourage individuals and organizations in Israel and abroad to support this worthy cause. Professor Hillel Shuval
January 2000 |
||||||||
