Israeli law in the context of "Jewish law"

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⭐ Core Definition: Israeli law

Israeli law is based mostly on a common law legal system, though it also reflects the diverse history of the territory of the State of Israel throughout the last hundred years (which was at various times prior to independence under Ottoman, then British sovereignty), as well as the legal systems of its major religious communities. The Israeli legal system is based on common law, which also incorporates facets of civil law. The Israeli Declaration of Independence asserted that a formal constitution would be written, though it has been continuously postponed since 1950. Instead, the Basic Laws of Israel (Hebrew: חוקי היסוד, romanizedḥuqe ha-yesod) function as the country's constitutional laws. Statutes enacted by the Knesset, particularly the Basic Laws, provide a framework which is enriched by political precedent and jurisprudence. Foreign and historical influences on modern-day Israeli law are varied and include the Mecelle (Hebrew: מג'לה; the civil code of the Ottoman Empire) and German civil law, religious law (Jewish Halakha and Muslim Sharia; mostly pertaining in the area of family law), and British common law. The Israeli courts have been influenced in recent years by American Law and Canadian Law and to a lesser extent by Continental Law (mostly from Germany).

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Israeli law in the context of Halakha

Halakha (/hɑːˈlɔːxə/ hah-LAW-khə; Hebrew: הֲלָכָה, romanizedhălāḵā, Sephardic: [halaˈχa]), is the collective body of Jewish religious laws that are derived from the Written and Oral Torah. Halakha is based on biblical commandments (mitzvot), subsequent Talmudic and rabbinic laws, and the customs and traditions which were compiled in the many books such as the Shulchan Aruch or Mishneh Torah. Halakha is often translated as "Jewish law", although a more literal translation might be "the way to go" or "the way of walking". The word is derived from the root ה–ל–כ, which refers to concepts related to "to go", "to walk". Halakha not only guides religious practices and beliefs; it also guides numerous aspects of day-to-day life.

Historically, widespread observance of the laws of the Torah is first in evidence beginning in the second century BCE, and some say that the first evidence was even earlier. In the Jewish diaspora, halakha served many Jewish communities as an enforceable avenue of law — both civil and religious, since no differentiation of them exists in classical Judaism. Since the Jewish Enlightenment (Haskalah) and Jewish emancipation, some have come to view the halakha as less binding in day-to-day life, because it relies on rabbinic interpretation, as opposed to the authoritative, canonical text which is recorded in the Hebrew Bible. Under contemporary Israeli law, certain areas of Israeli family and personal status law are, for Jews, under the authority of the rabbinic courts, so they are treated according to halakha. Some minor differences in halakha are found among Ashkenazi Jews, Mizrahi Jews, Sephardi Jews, Yemenite, Ethiopian and other Jewish communities which historically lived in isolation.

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Israeli law in the context of Chief Rabbinate of Israel

The Chief Rabbinate of Israel (Hebrew: הָרַבָּנוּת הָרָאשִׁית לְיִשְׂרָאֵל, romanizedHa-Rabbanut Ha-Rashit Li-Yisra'el) is recognized by Israeli law as the supreme rabbinic authority for Judaism in Israel. It was established in 1921 under the British Mandate and operates on the basis of the Chief Rabbinate of Israel Law, 5740-1980. The Chief Rabbinate Council assists the two Chief Rabbis, who alternate in its presidency. It has legal and administrative authority to organize religious arrangements for Israeli Jews. It also responds to halakhic questions submitted by Jewish public bodies in the Jewish diaspora. The Council sets, guides, and supervises agencies within its authority.

The Chief Rabbinate of Israel consists of two Chief Rabbis: an Ashkenazi rabbi and a Sephardi rabbi; the latter is known as the Rishon leZion. The Chief Rabbis are elected for 10-year terms. The present Sephardi Chief Rabbi is David Yosef, and the Ashkenazi Chief Rabbi is Kalman Ber, both of whom began their terms in 2024.

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Israeli law in the context of Golan Heights Law

The Golan Heights Law (Hebrew: חוק רמת הגולן, romanizedKhok Ramat HaGolan) is the Israeli law which applies Israel's government and laws to the Golan Heights. It was ratified by the Knesset by a vote of 63–21, on 14 December 1981. Although the law did not use the term, it was considered by the international community and some members of the Israeli opposition as an annexation of the territory and illegitimate.

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Israeli law in the context of Law of Return

The Law of Return (Hebrew: חוק השבות, romanizedḥok ha-shvūt) is an Israeli law, passed on 5 July 1950, which gives Jews, people with one or more Jewish grandparent, and their spouses the right to relocate to Israel and acquire Israeli citizenship. Section 1 of the Law of Return declares that "every Jew has the right to come to this country as an oleh [immigrant]". In the Law of Return, the State of Israel gave effect to the Zionist movement's aim for the establishment of Israel as a Jewish state. In 1970, the right of entry and settlement was extended to people with at least one Jewish grandparent and a person who is married to a Jew, whether or not they are considered Jewish under Orthodox interpretations of Jewish law.

On the day of arrival in Israel, or occasionally at a later date, a person who enters Israel under the Law of Return as an oleh would receive a certificate confirming their oleh status. The person then has three months to decide whether they wish to become a citizen and can renounce their prior citizenship during this time. Since 2005, the right does not apply to residents of the West Bank or the Gaza Strip due to the Citizenship and Entry into Israel Law. The right to an oleh certificate may be denied if the person is engaged in antisemitic activity, is a hazard to the public health or security of the state, or has a criminal past that may endanger public welfare.

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Israeli law in the context of Languages of Israel

The Israeli population is linguistically and culturally diverse. Hebrew is the country's official language, and almost the entire population speaks it either as a first language or proficiently as a second language. Its standard form, known as Modern Hebrew, is the main medium of life in Israel. Arabic is used mainly by Israel's Arab minority which comprises about one-fifth of the population. Arabic has a special status under Israeli law.

English is known as a foreign language by a significant portion of the Israeli population as English is used widely in official logos and road signs alongside Hebrew and Arabic. It is estimated that over 85% of Israelis can speak English to some extent. Russian is spoken by about 20% of the Israeli population, mainly due to the large immigrant population from the former Soviet Union. In addition, the 19th edition of Ethnologue lists 36 languages and dialects spoken through Israel.

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Israeli law in the context of Small claims court

Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may be known as a county or magistrate's court. These courts can be found in Australia, Brazil, Canada, England and Wales, Hong Kong, Ireland, Israel, Greece,New Zealand, Philippines, Scotland, Singapore, South Africa, Nigeria and the United States.

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Israeli law in the context of Israeli law in the West Bank settlements

Israeli law is enforced in Israeli settlements and among Israeli civilians in Area C of the West Bank, a Palestinian territory under military occupation and therefore otherwise subject to military law. Some provisions are applied on a personal basis, such that it applies to Israeli residents rather than territory. Application of the laws has created "enclaves" of Israeli law in the Israeli-occupied West Bank, and the terms "enclave law" and "enclave-based justice" describe the resulting legal system.

In parallel, other portions of Israeli law, including Israeli criminal law, are applied to Israelis on a personal basis in the West Bank. Since January 2018, all laws proposed in the Knesset are actively considered vis à vis their application to the Israeli settlements in the West Bank.

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