Hanna Lerner’s research while affiliated with Tel Aviv University and other places

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Publications (1)


Critical Junctures, Religion, and Personal Status Regulations in Israel and India
  • Article

April 2014

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36 Reads

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13 Citations

Law & Social Inquiry

Hanna Lerner

The article aims at advancing our understanding of critical junctures in the evolution of religious/secular regulations, referring to those moments in history when one particular arrangement is adopted among several alternatives, establishing an institutional trajectory that is resistant to change in the following years. It traces the regulation of personal status laws in Israel and India, which, despite attempts by political leaders at time of independence to defer clear choices regarding the role of religious law, became generally entrenched in later decades. Based on the Israeli and Indian cases, and in contrast with common approaches, the article demonstrates how decisions made by influential political actors during the foundational stage of the state appear difficult to reform, regardless of the content of these decisions—whether they introduce a radical change or maintain existing practices—or the level of decision making—whether constitutional or ordinary parliamentary legislation.

Citations (1)


... Drawing on the Ottoman millet system, as adopted and transformed by the British Mandate authorities (Agmon 2017), the institutionalization of this confessional architecture in the Israeli postcolonial context has culminated in the official recognition of fourteen religious communities: Jewish, Muslim, Druze, Baha'i, and ten different Christian denominations. Each recognized religious community has its own state-sanctioned tribunals and religious doctrines, and each is legally empowered to exercise its jurisdictional authority over all Israeli residents who belong to the faith by birth or baptism-irrespective of their subjective religious beliefs or lack thereof (Edelman 1994;Halperin-Kaddari 2004;Sezgin 2004Sezgin , 2010Lerner 2014;Abou-Ramadan 2015;Shahar 2015;Amir 2016;Yefet 2016). In other words, in the Jewish state, it is not the individual who chooses religion, but religion that chooses the individual. ...

Reference:

Divorced from Citizenship: Palestinian-Christian Women between the Church and the Jewish State
Critical Junctures, Religion, and Personal Status Regulations in Israel and India
  • Citing Article
  • April 2014

Law & Social Inquiry