Discrimination against Jewish Women in Halacha (Jewish Law) and in Israel

Cohen-Almagor, Raphael

Abstract

© 2016 British Society for Middle Eastern Studies Democracy is supposed to allow individuals the opportunity to follow their conception of the good without coercion. Generally speaking, Israel gives precedence to Judaism over liberalism. This article argues that the reverse should be the case. In Section I it is explained what the Halachic grounds for discrimination against women are. Section II concerns the Israeli legal framework and the role of the family courts. Section III considers Israeli egalitarian legislation and groundbreaking Supreme Court precedents designed to promote gender equality. Section IV analyses inegalitarian manifestations of Orthodox Judaism in Israeli society today, especially discriminatory practices in matters of personal status. It is argued that Judaism needs to adopt gender equality because of Israel’s commitment to human rights. Israeli leaders should strive to close the unfortunate gap between the valuable aims and affirmations voiced in the 1948 Declaration of Independence and the reality of unequal political and social rights for women.

Citation

Cohen-Almagor, R. (2018). Discrimination against Jewish Women in Halacha (Jewish Law) and in Israel. British Journal of Middle Eastern Studies, 45(2), 290-310. https://doi.org/10.1080/13530194.2016.1258543

• Journal Article Type: Article
• Acceptance Date: Oct 10, 2016
• Online Publication Date: Dec 2, 2016
• Publication Date: Mar 15, 2018
• Deposit Date: Oct 10, 2016
• Publicly Available Date: Jun 6, 2018
• Journal: British journal of Middle Eastern studies
• Print ISSN: 1353-0194
• Publisher: Routledge
• Peer Reviewed: Peer Reviewed
• Volume: 45
• Issue: 2
• Pages: 290-310
• DOI: https://doi.org/10.1080/13530194.2016.1258543
• Keywords: Women in Jewish law
• Public URL: https://hull-repository.worktribe.com/output/443984
• Publisher URL: http://www.tandfonline.com/doi/full/10.1080/13530194.2016.1258543
• Additional Information: This is the accepted manuscript of an article published in British journal of Middle Eastern studies, 2018. The version of record is available at the DOI link in this record.
• Contract Date: Oct 10, 2016