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Is Judaism a religion or a nationality? Can a person claim Jewish nationality and, at the same time, no religion? Does conversion from Judaism prevent an individual from emigrating to Israel under the Law of Return?These questions were recently considered by the Israeli Supreme Court, and the judgments rendered are translated in this volume. Palestinian and Israeli statutes concerning immigration, nationalization, and registration are interpreted by the judges.
Using declassified documents from Israeli archives, Alisa Rubin Peled explores the development, implementation, and reform of the state's Islamic policy from 1948 to 2000. She addresses how Muslim communal institutions developed and whether Israel formulated a distinct "Islamic policy" toward shari'a courts, waqf (charitable endowments), holy places, and religious education. Her analysis reveals the contradictions and nuances of a policy driven by a wide range of motives and implemented by a diverse group of government authorities, illustrating how Israeli policies produced a co-opted religious establishment lacking popular support and paved the way for a daring challenge by a grassroots Islamist Movement since the 1980s. As part of a wider debate on early Israeli history, she challenges the idea that Israeli policy was part of a greater monolithic policy toward the Arab minority.
Volume 15 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1-14 of this series, providing English-speaking readers with scholarly material meeting the highest academic standards. The volume contains six articles diverse in their scope and focus, encompassing legal, historical, textual, comparative and conceptual analysis, as well as a survey of recent literature and a chronicle of cases of interest. Among the topics covered are: lying in rabbinical court proceedings; unjust enrichment; can a witness serve as judge in the same case?; Caro's Shulham Arukh v. Maimonides' Mishne Torah in the Yemenite community, the New Jersey eruv wards.
Volume 15 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1-14 of this series, providing English-speaking readers with scholarly material meeting the highest academic standards. The volume contains six articles diverse in their scope and focus, encompassing legal, historical, textual, comparative and conceptual analysis, as well as a survey of recent literature and a chronicle of cases of interest. Among the topics covered are: lying in rabbinical court proceedings; unjust enrichment; can a witness serve as judge in the same case?; Caro's Shulham Arukh volume Maimonides' Mishne Torah in the Yemenite community, the New Jersey eruv wards.
“A remarkable book . . . a detailed panorama of the many ways in which the Israeli state limited the rights of its Palestinian subjects.” —Orit Bashkin, H-Net Reviews Following the 1948 war and the creation of the state of Israel, Palestinian Arabs comprised just fifteen percent of the population but held a much larger portion of its territory. Offered immediate suffrage rights and, in time, citizenship status, they nonetheless found their movement, employment, and civil rights restricted by a draconian military government put in place to facilitate the colonization of their lands. Citizen Strangers traces how Jewish leaders struggled to advance their historic settler project while forced by new international human rights norms to share political power with the very people they sought to uproot. For the next two decades Palestinians held a paradoxical status in Israel, as citizens of a formally liberal state and subjects of a colonial regime. Neither the state campaign to reduce the size of the Palestinian population nor the formulation of citizenship as a tool of collective exclusion could resolve the government’s fundamental dilemma: how to bind indigenous Arab voters to the state while denying them access to its resources. More confounding was the tension between the opposing aspirations of Palestinian political activists. Was it the end of Jewish privilege they were after, or national independence along with the rest of their compatriots in exile? As Shira Robinson shows, these tensions in the state’s foundation—between privilege and equality, separatism and inclusion—continue to haunt Israeli society today. “An extremely important, highly scholarly work on the conflict between Zionism and the Palestinians.” —G. E. Perry, Choice