Is It True that Secular Civil Marriages Are Not Permitted in the State of Israel? Why Not?

Israel has long been a unique case in the world of civil marriages. Understanding the current status of secular civil marriages allows for a clearer picture of the country’s legal and cultural landscape. The concept ofsecular civil marriages in Israel has often been a subject of debate, with various interpretations and realities underlying the situation.

Background of Israel’s Legal Landscape

The legal landscape of Israel can be traced back to the early 1940s, when the state was founded. The Law of the secular/religious status quo, established at the founding of the Jewish state by Ben Gurion, laid the foundation for the current system. This system is designed to ensure political support from both ultra-religious and religious parties in Israeli politics, thereby addressing the ongoing challenges of religious pluralism.

Why Aren't Secular Civil Marriages Permitted?

Officially, civil marriages are not available in Israel. However, this does not mean that they are entirely prohibited. The recognition of civil marriages performed abroad underscores a complex arrangement designed to maintain balance and support within the country's diverse religious communities.

The reason for this arrangement lies in the need to secure the support of ultra-religious and religious parties within the Israeli political landscape. By preserving the monopoly of marriage ceremonies held by religious clergy, the government ensures that these parties continue to have a significant say in the state’s affairs.

The Ottoman Millet System and Its Role in Israel

Israel retains the old Ottoman Millet system, which applies to the regulation of personal status. Personal status includes matters related to birth, deaths, and marriages. However, this does not mean that civil marriages are outright forbidden. Civil marriages performed outside Israel are legally recognized within the country.

The continuation of the Millet system in Israel reflects the pre-1948 conditions, where religious communities managed these essential life events. The system ensures that various religious groups, including Jews, Muslims, Christians, Druze, Bahais, and others, retain control over their respective personal status matters.

Understanding the British Mandate's Impact

The British Mandate Authority, which governed what was then named Palestine from 1922 to 1948, also played a crucial role in shaping Israel's current legal framework. In 1922, the Order in Council of the British Mandate stipulated that all personal law would apply to local religious factions under their specific religious law. This meant that while religious clergy performed marriages for some groups, in other cases, such as under eastern religions like Islam and Judaism, the spouses created the marriage themselves.

For civil marriages, it is necessary to involve the power of the state through an officiating person authorized by the state. The British mandate did not intend to conduct marriages itself but rather to delegate this responsibility to religious communities. This arrangement was seen as a practical solution to the complex religious landscape of the time.

Conclusion: A Marriage by the State vs. Through Religion

While it may seem that secular civil marriages are not permitted in Israel, the situation is more nuanced. Civil marriages performed abroad are recognized by the Israeli government, but if one seeks to marry within the country, the state is only involved in performing religious marriages through the Jewish Rabbinate.

Debates about the recognition and legality of civil marriages in Israel are ongoing, reflecting the complex interplay between secular and religious laws in the country. As policies evolve, it is essential to maintain a clear understanding of the current legal and historical context.