Child Support for Muslim Children in Family Courts in Today’s Israel

Bibliographic Data

ID6147602
AuthorsMoussa Abou Ramadan (Droit, religion, entreprise et société, corresponding author)
Year2020
Volume20
Issue3
Pages276-302
Publication date2020-01-06
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueHawwa (JOURNAL)
Journal identifiersISSN: 1569-2078 • E-ISSN: 1569-2086
PublisherBrill (PUBLISHER • NL)
DOI10.1163/15692086-12341364
OpenAlexW2916431322
LanguageEN
Citations received1
References cited9

The dual legal system of religious and civil law in Israel and the existence of a religious court system alongside a civil one causes distortions in the implementation of the rights and duties of husbands and wives. Due to this duality, in practice, in Israel, there is neither religious law nor law based on equality. This hybrid legal system leads to the reinforcement of what I will call here “patriarchal liberalism,” which means that there is a development in a liberal direction alongside obstacles and barriers that prevent advancement to full equality between men and women. Although this legal hybridity leads to the introduction of liberal norms into the legal relations between men and women, it also preserves patriarchal features. This article focuses on child support allotted to Muslim children in family courts in Israel. Since 2001, both shariʿa courts and family courts may rule in matters of child support for Muslim children, which means that there is parallel jurisdiction between the Muslim religious law according to religious belonging of the parties involved in cases

Child support · Comparative law · Domestic relations · Family law · Jurisdiction · Legal pluralism · Legal realism · Political science · Sociology · Islamic Studies and History · Jewish and Middle Eastern Studies · Law · Marriage and Sexual Relationships

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