The Invention of Jewish Theocracy by Kaye Alexander;

Author:Kaye, Alexander;
Language: eng
Format: epub
Publisher: Oxford University Press, Incorporated
Published: 2020-08-15T00:00:00+00:00

Conceding that this goal had become impractical in the short term, Herzog went on to describe a constitutional structure that, though less desirable than his ideal of a halakhic state, was still better than the current situation. According to this arrangement, rabbinical courts would constitute a parallel and entirely independent legal system to which any citizen of the state could have recourse. Like the civil courts, they would have jurisdiction in civil matters as well as in personal law. In this vision, cases heard in rabbinical courts could be appealed only to the Great Rabbinical Court; the Supreme Court of Israel would have no jurisdiction whatsoever in the rabbinical system. This structure would mean that the rabbinical courts would not be subsumed under the hierarchy of the state’s secular legal system.

Regarding civil cases, [even] outside the framework of personal status, there should be a law that every Jew who is taken to a state court has the choice to declare: “I am going to the Torah court.” In such a case the Torah courts should have the full authority of law and their rulings appealed only before the Great Rabbinical Court of the Chief Rabbinate of the Land of Israel in Jerusalem. . . .

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