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The Purse and the SwordThe Trials of Israel's Legal Revolution$
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Daniel Friedmann

Print publication date: 2016

Print ISBN-13: 9780190278502

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780190278502.001.0001

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A State Is Born

A State Is Born

Chapter:
(p.5) 1 A State Is Born
Source:
The Purse and the Sword
Author(s):

Daniel Friedmann

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190278502.003.0001

This chapter presents the stormy beginnings of the Israeli state. On May 14, 1948, just a few hours before the end of the British Mandate over Palestine, David Ben-Gurion declared the establishment of a Jewish state in the Land of Israel. The declaration was followed by invasion of the armies of Arab states surrounding Israel and despite its victories in the War of Independence, peace eluded the nation. The Provisional Council of State established the principle of legal continuity with British rule, as Israeli law culture has borrowed many of its basic principles from the British model. Jewish law, which was not consistent with the fundamental democratic principles on which the state had been founded, was therefore not adopted. However, Rabbinical Courts are granted exclusive jurisdiction over marriage and divorce in the Jewish community while Muslim, Druze, and Christian marriage and divorce are controlled by the state-sponsored religious courts of their respective communities.

Keywords:   state of Israel, David Ben-Gurion, Constituent Assembly, Knesset, Israeli politics, Jewish law, Rabbinical Courts, marriage and divorce, women rights, right to equality, Golan Heights Annexation, war against terror

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