Photo Credit: Justice Minister Ayelet Shaked's Facebook page
Justice Minister Ayelet Shaked

(JNi.media) Justice Minister Ayelet Shaked accused the Israeli courts of ignoring Jewish law and promised to set up a steering committee to promote implementing the principles of Jewish law in the Israeli legal system, Kippa reported. “As is well known, in practice the courts are ignoring the legislature and the spirit of the law, and rarely draw inspiration from Jewish law, both in statutory interpretation and in filling lacunae in the law,” said Shaked, referring to the Foundations of Law legislation, enacted in the 1980s, directing the courts to rule on issues without a precedence according to “the principles of liberty, justice, integrity and peace of Jewish tradition.”

“They prefer to turn to foreign legal systems and not to Jewish law — which is the products of the best minds in our nation. It is regrettable and we must act to repair the damage,” said Shaked, who spoke at a special session of the Hotam Forum of Torah-based research foundations at the Ramada hotel in Jerusalem Wednesday.

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Shaked added that “Jewish law, the masterpiece of Jewish creativity for 2,000 years, is yet to acquire its permanent station in our legal system, probably mainly due to a lack of knowledge about it,” and said that she believes “Jewish law can and must be a link between the values ​​of the past and the present values ​​and needs, not only on the declarative level. To me this link seems essential to the State of Israel as a Jewish state. ”

Shaked cited laws passed by the Knesset such as the Law of the Guards, the Facilitation of Rehabilitation ‏‏‏‏Act, the Do not stand over your fellow’s blood (good Samaritan) law, and the law of the dying, noting that they “were deeply influenced by Jewish law and prove that the link is possible and yields fine fruit.”

Shaked qualified her statements by saying that she does not intend for Jewish halakha to become Israel’s law, saying “obviously we can’t copy verbatim the norms that have been formulated in exile without sovereignty and independence, onto the reality of the Israeli legal system. Our society is not a community but a state, and the socioeconomic reality has changed completely regarding the status of women, the rights of employees, etc. My call is not for a mechanical imposition of Jewish law, but for true and brave dialogue between the Israeli law and our cultural and national sources.”

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14 COMMENTS

  1. Due to our low level , without prophecy and senahedrin, the capital panishment is not applicable by earthly courts. By the heavenly court, is always in force, in every detail of the Divine Law, Hashem yerachem. And when we say ECHAD, in k.s. we accept upon us the four mitot of the Bet Din, (including stoning)

  2. We all have to wake up and realize that Likud passed a recent law stripping all parents of guardianship, apotropos. As far as Israeli family law is concerned a socialist system applies. The Torah concept of family does not apply. The state says that it owns every child not its parent. It's not a right to have our children live with us it's a privilege and at any time the state has the right to remove our children from our home. If we want to fight this and if we go to court we will have to pay a lawyer at least Nis 100000. The social workers in Israel have more power than the judges. Who are the social workers. 2 privatized companies Summit and Shachar. Where are our children sent. 40000 children sent to hostels all over Israel. Run by the social services. Where are the social workers trained at university. But I think if we look closer we will find that many of these social workers are not qualified.what are thes social workers taught. Zionist thoughts from Herzl and goyish belief of social science. They preach gay rights and they want children from the age of first grade to choose their own sex. The family includes gay couples. All of this is totally against the Torah. If we look closely we will see that most of these social workers are not halachically Jewish..

  3. No. This law was not passed it failed thankfully by one vote! While I agree that whatever power social worker's have in this country is probably too much (I think the same about the Supreme court) I would want more evidence that what you are citicizing is actually fact and not based on your own 'anti Zionist and Goyish beliefs'

  4. this is because we do not have a constitution. Of course, we have one, otherwise known as the Torah, but in our current condition, the Torah is not yet going to be the Law of the Land. It will be, in the very near future. But, in the absence of a constitution, Israeli courts look all around the world to find precedent that suits them, and upon these cases they make their decision. We are the only civiized country to do so. What we need are term limits for judges and elections.

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