Marriage reform law could land bride, groom and rabbi in jail for two years
Family law in Israel is a bit like Frankenstein, constructed in a patch-like manner, limb by limb, with a law here and a High Court ruling there. Before one realizes it, the impressive legal entity we are faced with is an entire body. The facts speak for themselves ever-increasing numbers of Israels Jewish citizens opt to wed outside the rabbinical framework. While running for the chief rabbis office, Rabbi David Stav warned that one third of secular couples today find other ways of getting married. The subsequent election of two conservative chief rabbis will presumably strengthen this growing trend.
Last week, a flash of light flickered in the darkness. A law calling for the expansion of registration zones and easing up on restrictions was passed by the Knesset, and every citizen will now be able to choose the religious council in which his marriage will take place. Theoretically, this will allow one to find more tolerant officials, such as ones who wont insist on the bride producing a note confirming her dipping in a mikve. This is a positive development, making things easier, but it doesnt really solve the problem. We are still bound by law to get married exclusively by Orthodox rabbis. We can console ourselves with the hope that we might find a nice rabbi.
However, this wasnt the only change to the law that was enacted last week. In addition to increasing the number of registration offices, there was a change to the clause which penalizes those who marry outside the Chief Rabbinate. While the original law stated that anyone "who does not register a marriage or divorce at the Rabbinate will be charged according to the amendments to clause 99 of the Ottoman criminal code," the new amendment stipulates that in addition to the couple getting married the officiating rabbi will also be charged. Instead of the breezy reference to the old Ottoman law, the new legislation stipulates that both husband and wife and the rabbi performing the ceremony will be subject to two years imprisonment.
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