Forschungsprojekt

An Exceptionally Exceptional Exception: Family Litigation in Mandatory Palestine Communal-Informal Tribunals

Legal Pluralism is at the core of the Israeli academic literature in the last three decades, especially regarding the exclusive jurisdiction of the Rabbinical Courts over marriage and divorce of Jews in Israel, and their concurrent jurisdiction with the Family (civil) Courts over ancillary family issues in Israel (such as alimony, children maintenance, etc.). The Israeli fascination with Legal Pluralism may be rooted in the long history of these issues, which date back to the Ottomans and then the British Mandate rule in Palestine. A system of communal informal tribunals was set by the Jews in British Mandate Palestine: the Hebrew Court of Peace and the Workers Union tribunal. The co-existence of these tribunals is, in itself, a fascinating case study of legal pluralism. Several dozens of these alternative courts cases dealt with family issues. These issues were usually heard by the District (governmental, civil) Courts or the Rabbinical Courts, in line with their concurrent jurisdiction. This complex configuration was clearly a form of legal pluralism. It may be therefore said that these cases formed an exception of the exception in terms of legal plurality – and an antithesis of unity. The study of these cases will allow for a fruitful discussion about pluralism and unity and about exceptions and rules. The proposed study aims to reveal, for the first time, the content and narratives as reflected in these extraordinary dossiers. This will allow for a better understanding of legal pluralism in Mandatory times – a period in which a foreign ruler set-up the rules in a multi-national-religious-ethnic society, while allowing a plural system.