VALUE OF SECULAR AND RELIGIOUS IN JEWISH LAW
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 5)Publication Date: 2017-12-31
Authors : Pih Yulia;
Page : 41-48
Keywords : religion; law; religious-legal system; secularization; deseglization; Jewish law;
Abstract
The paper notes that religious issues as a subject of discussion are an integral part of discussions and polemics in Israeli society from the very first days of the existence of the State of Israel. This is due to the fact that the religious question covers both the sphere of socio-political activity and the private life of citizens. In this connection, there is an increased scientific and practical interest in the study of antagonism and competition between the state and the religious organizations of Israel, both in its creation in 1948, and in the course of further state-political and legal formation. Hence, the special significance of the consideration of aspects related to the determination of the place and role of religion in the legal system of coordinates. It is noted that the State of Israel is not officially a theocratic state, although Judaism penetrates its state-legal matter through it, largely defining the moral and psychological state of society. However, de facto religious institutions in Israel are not separated from the state. Trends in recent years indicate that the country is moving in a direction capable of bringing it to the theocratic form of government. It has been determined that in today's legal system of Israel, principles have been established that have no analogues in other legal systems. In particular, we are talking about the principle "not by the letter of the law", which applies in cases where the law is contrary to religious-moral principles, including the criteria of justice. This principle, spurred back in the Talmudic era, has been used for many centuries, including in modern law enforcement practice, in particular the Supreme Court of Israel. The author of the article concludes that the interaction of secular and religious law in the legal system of the State of Israel reads as follows: 1 ) At the present stage, one of the most urgent problems in Israeli society and legislation is the existence of a legal vacuum in the matter of separating the state from religious institutions; 2) the existence of elements of both secular (continental law and general law) as well as religious law (Jewish, Muslim) as a component of the legal system of the state of Israel testifies to the dichotomy of the Israeli legal tradition.
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