The “Other” Religion and State Conflict in Israel: On the Nature of Religious Accommodations for the Palestinian-Arab Minority

Karayanni, Michael

doi:10.1007/978-3-540-73357-7_10

Cited by 4 publications

(7 citation statements)

References 35 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…For example, in Israel, another deeply divided society, while the tendency of the political elite and the judicial system regarding the majority Jewish community has been to curtail and restrict self‐jurisdiction of its religious institutions by limiting their ability to apply religious norms, state institutions are typically reluctant to meddle in the religious affairs of the Palestinian‐Arab community to bring about change (see Harel‐Shalev ). Research by Karayanni (, 69) revealed a striking example of incongruity. Israel set a minimum age for marriage for all citizens, regardless of religious affiliation.…”

Section: Discussionmentioning

confidence: 99%

“…In deeply divided societies, religious affiliation is much more than an expression of freedom of conscience (Karayanni ). Religious identity can also serve as a connecting factor between the self and the legal system, as well as an indicator of the allocation of rights (Karayanni ). In that sense, analyzing India's religious sphere is a complex task.…”

Section: Discussionmentioning

confidence: 99%

“…For a more detailed analysis on the different attitude of Israeli legal and political bodies toward different religious minorities in Israel, see Karayanni (, 61‐3).…”

mentioning

confidence: 99%

See 2 more Smart Citations

Policy Analysis beyond Personal Law: Muslim Women's Rights in India

Harel-Shalev

2013

Politics & Policy

View full text Add to dashboard Cite

Granting legal rights to groups in deeply divided societies is important and necessary, but the cost of awarding these rights-in terms of their negative impact on civil rights, and particularly on women's rights-are key issues affecting the politics and policy of diverse polities. The article explores the implications for Muslim women of applying minority autonomy in India. In parallel, it delves into India's policy of religious autonomy for minorities as viewed by the political and legal authorities, and through the eyes of different sectors of the minority community. Analyzing the complex construction of rights within a communalized polity, this article attempts to transcend the ongoing debate on the implications of Muslim Personal Law in India and suggests policy directives aimed at empowering minority women. The Indian case provides a constructive microcosm for studying these tensions comprehensively and comparatively, and holds important lessons for other multicultural societies worldwide.Acknowledgements: The author would like to thank the editors and three anonymous reviewers for their constructive suggestions and comments.

show abstract

Section: Discussionmentioning

confidence: 99%

Section: Discussionmentioning

confidence: 99%

See 1 more Smart Citation

Policy Analysis beyond Personal Law: Muslim Women's Rights in India

Harel-Shalev

2013

Politics & Policy

View full text Add to dashboard Cite

show abstract

“…Rather, Israel endorses one religion and merely tolerates others (Dworkin 2006). Religions are privatized because the public sphere is Judaized and, consequently, debates on religion and state are conducted from the perspective of Jewish domination (Karayanni 2006).…”

Section: The Legal Structures Of Differentiated Citizenshipmentioning

confidence: 99%

The Legal Structures of Subordination

Sultany¹

2017

Israel and Its Palestinian Citizens

View full text Add to dashboard Cite

The law is a potential site for socio-political contestation. Legal systems may be open to competing interpretations and applications, because they are not necessarily coherent, and abstract legal concepts are not necessarily determinate. Nevertheless, the ability of legal actors to destabilize (or stabilize) legal categories and expose the incoherence of the legal system (or to present it as coherent) depends on the availability of maneuvering space and on the actors' willingness and ability to do the necessary work to achieve these effects (Kennedy 2008). Therefore, in order to examine the law's role in a particular country, one has to take into account not only the letter of the law, but also its judicial interpretations and applications as well as its effects in a particular context. Israeli law, the subject of this chapter, is not monolithic. Zionist ideology influences Israeli law, but ideologies are rarely homogenous, and different actors within legal systems strive to advance their own conceptions and interests. Yet, an examination of the role of the legal system since Israel's inception reveals that far from significantly challenging power structures, Israeli law effectively created a hierarchy among Israeli citizens. As I show here, it generally advanced, justified, and perpetuated a separate and inferior status for the Palestinian citizens in Israel. At the same time, it granted the Israeli regime an aura of legitimacy by containing its practices under the "rule of law." Ultimately, although the legal system has a moderating effectbecause it often pushes the political system toward the political centerthis center itself has been moving toward the right-wing continuum of the Zionist movement. The chapter is organized as follows: Part I examines the conventional story about the rise of constitutionalism and judicial activism in Israel. I question the analytical utility of this story in evaluating the role of law in Israeli society. The chapter shows that, at the legal structures of subordination

show abstract

“…Such is the situation with respect to the Muslim minority in India, and to a lesser extent with respect to its Persian or Christian minorities, and such is the situation with respect to the Muslim and Christian minorities in Israel and with respect to the Coptic Christian minority in Egypt (Agnes, 1999(Agnes, /2001Redding, 2006, p. 468;Karayanni, 2006;Zuhur, 2002, p. 183). Such is the situation with respect to the Muslim minority in India, and to a lesser extent with respect to its Persian or Christian minorities, and such is the situation with respect to the Muslim and Christian minorities in Israel and with respect to the Coptic Christian minority in Egypt (Agnes, 1999(Agnes, /2001Redding, 2006, p. 468;Karayanni, 2006;Zuhur, 2002, p. 183).…”

Section: Issues Arising From Plural Legal Ordersmentioning

confidence: 99%

Personal family law systems – a comparative and international human rights analysis

Tagari

2012

International Journal of Law in Context

View full text Add to dashboard Cite

This article analyses the structures and substances of personal systems of family law based on religious affiliation within their social, political and historical contexts, and explores the varied ways in which they implicate the human rights of those governed by these systems, and the way international law and jurisprudence of human rights respond to these challenges. This analysis suggests that looking at the specific manifestations of personal family law systems in concrete contexts illuminates significant human rights implications which have not received sufficient attention in mainstream human rights discourse, for various legal, cultural and political reasons. The contexts which this article will draw on are personal family law systems in Israel, India, Lebanon and Morocco, which comprise a varied sample of family law structures and legal, cultural, social and political contexts.

show abstract

The “Other” Religion and State Conflict in Israel: On the Nature of Religious Accommodations for the Palestinian-Arab Minority

Cited by 4 publications

References 35 publications

Policy Analysis beyond Personal Law: Muslim Women's Rights in India

Policy Analysis beyond Personal Law: Muslim Women's Rights in India

The Legal Structures of Subordination

Personal family law systems – a comparative and international human rights analysis

Contact Info

Product

Resources

About