The Balance between the Legal Norms of Treaties and National Legislation of Israel in the field of the Right to Marriage and Family. Regulation of the Divorce Procedure for Mixed (Interfaith) Couples

Abstract

The paper considers one of the most specific systems of law that includes modern democratic norms of law and conservative, religious traditions. This system of law is the national family law of the State of Israel. The centuries-old religious norms of law in the field of marriage and family relations remained archaic until the declaration of Israel’s independence. This resulted in the creation of a new national system of legislation that met international standards. However, due to the importance of preserving traditions, as well as the zealous attitude to their observance on the part of religious groups living in Israel, the norms of religious law in the field of marriage and family relations have become an obligatory part of the legislation in this area of law. At the same time, being a progressive state to the extent possible, Israel is constantly developing the legal framework in the field of human rights, especially the right to marriage and family, in accordance with all the norms of treaties to which it is a signatory. The norms of Jewish law, Muslim law are an obligatory part of the laws of the State of Israel, in particular in regulating the divorce procedure. The divorce among Jewish couples, as well as Muslim couples, is carried out in accordance with the norms of the religious law of each denomination, which are enshrined in the regulatory legal acts of the State of Israel. However, cases of termination of marital relations of mixed (interfaith) couples are not an exception. In connection with the complication of relations at the present stage, it is necessary to constantly develop legislation in the field of divorce procedure, especially in cases of termination of marital relations of mixed (interfaith) couples, so that prevent any form of discrimination.