Halakhah and ethics in the Jesus tradition -- Matthew's divorce texts in the light of pre-rabbinic Jewish law -- Let the dead bury their dead : Jesus and the law revisited -- James, Israel, and Antioch -- Natural law in Second Temple Judaism -- Natural law in the New Testament? -- The Noachide commandments and New Testament ethics -- The beginning of Christian public ethics : from Luke to Aristides and Diognetus -- Jewish and Christian public ethics (...) in the early Roman Empire. (shrink)

This note examines the decision of the Family Division of the High Court in N. v. N. (Jurisdiction: Pre-Nuptial Agreement) in which, in the context of Jewish divorce proceedings, the Court found that it had no jurisdiction to order a husband, by specific performance of a marriage agreement, to go through the procedure to obtain a ‘get’ (a hand-written bill of divorcement) allowing his wife to remarry. First, discussion of the case is contextualised broadly within the debate on (...) the (de)merits of employing legal means in order to redress social wrongs. Secondly, adopting a theoretical perspective upon the difficulties involved in using law to achieve social change, the note goes on to examine more specifically why women from minority cultures may choose to go to the law of the dominant culture in order to obtain relief. (shrink)

Comparative Religious Law provides for the first time a study of the regulatory instruments of Jewish, Christian and Muslim religious organisations in Britain in light of their historical religious laws. Norman Doe questions assumptions about the pervasiveness, character and scope of religious laws, from the view that they are not or should not be recognised by civil law, to the idea that there may be a fundamental incompatibility between religious and civil law. It proposes that religious laws pervade society, (...) are recognised by civil law, have both a religious and temporal character, and regulate wide areas of believers' lives. Subjects include sources of law, faith leaders, governance, worship and education, rites of passage, divorce and children, and religion-State relations. A Charter of 'the principles of religious law' common to all three Abrahamic faiths is proposed, to stimulate greater mutual understanding between religion and society and between the three faiths themselves. (shrink)

State and Religion in Israel begins with a philosophical analysis of the two main questions regarding the role of religion in liberal states: should such states institute a 'Wall of Separation' between state and religion? Should they offer religious practices and religious communities special protection? Gideon Sapir and Daniel Statman argue that liberalism in not committed to Separation, but is committed to granting religion a unique protection, albeit a narrower one than often assumed. They then use Israel as a case (...) study for their conclusions. Although Israel is defined as a Jewish state, its Jewish identity need not be interpreted religiously, requiring that it subjects itself to the dictates of Jewish law. The authors test this view by critically examining important topics relevant to state and religion in Israel: marriage and divorce, the drafting of yeshiva students into the army, the character of the Sabbath and more. (shrink)

In considering Van Schooten’s study of the Eric O. case (s.1), I ask whether the different approaches taken by the two different “legal institutions”—the prosecuting authorities on the one hand, the courts on the other—are reflective of different images of warfare (a semantic difference) or of the different images each group holds of its own role (a pragmatic difference). If we consider these two “legal institutions” as distinct semiotic groups (s.2), is there an inevitable “communication deficit” between them (and the (...) public)? (shrink)

The Samaritan woman in John 4 has been generally viewed as morally loose because of her marital experience. Nigerian women with similar experience are also perceived by many as morally deficient. This article examined the woman’s experience in light of divorce and remarriage in Nigeria. Employing the reader-oriented and descriptive methods, the essay found that in his encounter with the Samaritan woman Jesus did not accuse her of any sin. Moreover, the Pentateuchal laws, which were binding also on Samaritans, (...) had provisions by which it was permissible for a woman to be married several times. Therefore, the woman’s marital experience did not necessarily make her morally deficient. The article also found that in Nigeria certain patriarchal factors do force women out of marriage, which also has nothing to do with their moral status. Due to the Christian doctrine that prohibits a woman to marry another man while her husband is still alive, some churches treat women divorcees with contempt and segregation. But this doctrine is based on biblical passages, which if adapted to the Nigerian readers’ context make divorce and remarriage acceptable. This view is in line with Jesus’ open attitude to the Samaritan woman. Therefore, in the Nigerian context the pastoral significance of the Samaritan woman’s story resides not in her morality but in the church recognising that divorce and remarriage do not constitute disobedience to scripture, and that they are not necessarily an indication of moral misconduct on the part of the affected women.Contribution: Contributing to the scholarly discussion on the Samaritan woman narrative, the article compared her marital experience with those of Nigerian women affected by divorce and remarriage, and postulated that their experiences are not necessarily an indication of moral depravity on their part. (shrink)

The Hebrew phrase tikkun olam means repairing, mending or healing the world. Today, the phrase tikkun olam, particularly in liberal Jewish American circles, has become a slogan for a diverse range of topics such as activism, political participation, call and pursuit of social justice, charities, environmental issues and healthy nutrition. Moreover, the presidents of the United States who attend Jewish religious days and Jewish ceremonies state the tikkun olam in its Hebrew origin, pointing out its origin embedded (...) in the Judaism and a religious rule and/or an obligation that is important in Jewish tradition and thought. Nevertheless, when we look at the context of religious literature in which the phrase is used, it is seen that, although it is difficult to make a clear definition, it does not reflect modern/widespread uses and their meanings. Furthermore, tikkun olam is an ignored and even rejected concept by the Rabbinic Judaism which claims to represent the tradition and its current representative Orthodox Judaism. This fact is also seen in the usage and prevalence of the term in the U.S. and Israel. Thus, in this article, especially with reference to the norms of Mishnah, the religious-juristicial contexts and possible meanings of the phrase of tikkun olam, the notion of tikkun olam in Jewish liturgy and its implied meaning and the Kabbalistic understanding of tikkun will be presented, the development, changing and conversion of the phrase in modern age and its contemporary usage areas and reinterpretations will be demonstrated.Summary: Recently and especially in the U.S., the Hebrew phrase tikkun olam are used as a slogan in a widespread manner such as for activism, political participation, social justice, all kinds of charities, environmental issues, counter terrorism and healthy nutrition. Such a common usage of the phrase is largely the result of its literal meaning and ambiguity. Hence, this article aims to explore the place of the concept of tikkun olam in Jewish religious literature and its variations and semantic changes. Tikkun olam, literally means the repairing, mending or healing the world. However, regarding its religious context, it is difficult to determine what it means accurately. In time, some has used the tikkun olam as a legislative justification for changing specific laws, some has attributed to it an eschatological meaning which indicates to the mesianic age, and some has dicussed it in the context of mystical sense. The first usage of the phrase of tikkun olam in the Jewish religious literature was simply in the form of “because of tikkun olam” in Gittin epistle, a tractate of Mishnah and Talmud. Here, the phrase was used as a reason of a judgment concerning to the subjects of marriage, divorcement, slavery, captivity etc. In the context of these subjects tikkun olam indicates to the similar meanings like “repairing, organizing, healing, changing the world; regulating and improving the society, maintaining the social order, and prioritizing the common good. In fact, the concept of tikkun olam as the reason of the judgements in these matters is likely related to a juridical reason that intends to ensure the personal and public welfare such as clarifying the marital status of woman, to prevent the capture and seizure from Jewish society, and to deal with economy and identification of juridical status of the slaves.The other reference to tikkun olam appears in the second part of the aleinu prayer. However, the notion of tikkun olam in the aleinu prayer refers to a situation that happens in God’s Kingdom if Torah and halakhah are followed carefully. Hence, the aleinu prayer’s tikkun olam points out eschatological expectation which desires a messianic age, but not the socio-political and ecological concerns of the world as in the current fields and meanings.The modern idea of tikkun olam is also associated with the Jewish mystical movement, Kabbalah. Nonetheless, the concept of tikkun in Kabbalah is not a concept related to the socio-political circumstances of the world where we live in, but it is related to the restoring of the divine world. In order to restoring the divine world, human should fulfill the commands by studying Torah and have a spiritual and moral rehabilitation process by engaging in ascetic practices.The use of the phrase of tikkun olam gradually progress in the socio-political life of the U.S. The first use of the expression of tikkun olam in the U.S. was in the 1950’s by Shlomo Bardin, the founder of the Brandeis Camp Institute in California. Bardin asserted that the Aleinu prayer was the most important expression of Jewish values, particularly the expression “le-taken olam be-malchut shaddai” that is typically translated as “when the world shall be perfected under the reign of the God.” Bardin suggested that these words referred to the obligation of Jews to work for a more perfect world. The concept of tikkun olam entered contemporary usage by the way of its being preferred as a name to those such as social justice and charity programmes which was launched by the Reformist and Conservative groups in the second half of the twentieth century. In 1970s, United Synagogue Youth which is the national youth foundation of the conservative movement adopted the expression of tikkun olam and changed the title of its social action programs from “Building Spiritual Bridges” to “Tikkun Olam.” Nowadays, United Synagogue Youth proceeds all of its social activities and tzedakah programs through the tikkun olam project.By the end of 1970’s, New Jewish Agenda, an organization devoted itself to the religious and social values, acknowledged the slogan of “Tikkun Olam” as the spirit of its ideology. In 1986, Michael Lerner entitled a left-oriented liberal publication with the concept of Tikkun by claiming that this concept represented the origin of Judaism, and he take an important role on making the concept have a prevalence.Pittsburgh Platform organized in 1999 by the Reformist Jewish Movement emphasized that people must perform the most significant moral principles in the relationships with all non-Jewish people and all other creatures. This platform also stated that making the world a better place with the help of God would quicken the upcoming the messianic age. The tikkun understanding of the Reformist movement evolved to more universal realm by embracing the non-Jewish people, as well. Over the last two decades, successive presidents of the U.S. who attended in the ceremonies of Jewish religious days and Jewish assemblages have contributed to the prevalence and usefulness of tikkun olam by mentioning the phrase of tikkun olam in Hebrew, expressing that this is an essential principle of Judaism and addressing that this has a central role in Jewish tradition and thought. On the other hand, this concept does not have an important or a central place in Rabbinic Judaism and even in Orthodox Jewish communities which are the current representatives of Rabbinic Judaism. Moreover, Reformist, Conservative, and Reconstructionist American Jews who are considered on the liberal side of the politics has put the concept on the current use and the world’s agenda. Thus, the phrase of the tikkun olam is more popular in non-Judaic milieux in the U.S. than the Jews in Israel. In Israel where the Orthodox doctrine is dominated and shaped the people, tikkun olam is regarded as a western value and is ignored. (shrink)

In recent years, there have been a number of moral panics in Western societies about the existence of religious courts and tribunals in general and Shariah law in particular. In England and Wales, these concerns came to the fore following the 2008 lecture by the then Archbishop of Canterbury, Dr Rowan Williams, on ‘Civil Law and Religious Law in England’. In that lecture, Williams drew upon the work of the Canadian scholar Ayelet Shachar endorsing her concept of ‘transformative accommodation’. In (...) this article, we return to the work of Shachar in the light of our recent empirical study which examined the divorce jurisdiction of three religious tribunals in detail: a Jewish Beth Din; a matrimonial tribunal of the Roman Catholic Church; and a Muslim Shariah Council. We suggest that the focus upon Shachar’s concept of ‘transformative accommodation’ by Williams and subsequent commentators is unfortunate given that Shachar actually proposes ‘transformative accommodation’ as just one variant of what she refers to as ‘joint governance’ (albeit her preferred variant). We propose that the umbrella concept of ‘joint governance’ and its other variants can be developed in a way that could prove to be more useful than ‘transformative accommodation’. (shrink)

One of the most important problems of Muslim societies and humanity is the conflicts and troubles among spouses and between parents and their children in the family. problems. Research is carried out and answers are sought for the solution of these problems, but the dissolution in families cannot be prevented and the divorce rate increases day by day. Besides being a prophet, the Messenger of Allah (pbuh) is a servant of Allah and a human being. It is seen that (...) there were problems in the homes of the Prophet (pbuh), both between him and his wives, and among his wives. Since the creation of human beings has not changed, the Prophet's (pbuh) attitudes and solutions to these problems are important for the solution of family problems happening today. It is seen that the Messenger of Allah (pbuh) reacted to these problems and discussions far above his age and he treated his wives and solved the problems as modern researchers and scientists recommend in the recent world. The purpose of sending the Messenger of Allah (pbuh) is to convey the religion of Allah to people. For this reason, he was given orders regarding the most private matters of his private life when appropriate. Human's happiness in this world and in the hereafter can only be achieved by recognizing this perfect example. This can be achieved by learning about his personality as an individual and his family life as a family. The conflict of values among spouses in the family, life perspective, personality and priority differences are the basis of the problems. In addition, changes in personality especially after marriage, loss of love and respect for each other, and jealousy are the main situations that harm marriage. Many marriages end because of miscommunication. There are many people who try to solve problems by being cold towards their spouse and taking a stand towards him/her. If a man is married to many women, as in the example of the Prophet (pbuh), the main problem he encounters is jealousy and the resulting unrest. In a family, there are joyful and happy moments as well as unhappy moments and times. It is very natural for family members to quarrel with each other and to have disagreements among them. The Prophet's family is not far from it. The wives of the Messenger of Allah (pbuh) are not ordinary people, but women who are either at the forefront of their tribe with their ancestry, intelligence and beauty, or who are one step ahead with their conversion to Islam and their services. According to the laws of God, the same poles repel each other, while the opposite poles attract each other. They are all very precious and it is perfectly natural for a repulsion force to develop between them. It is necessary to think of the Prophet's (pbuh) houses as a school. The state of our mothers when they entered that house is not the same as the degree they reached when the Prophet (pbuh) passed away. Differences of opinion and conflicts between members of the family, deterioration of the balance in relations, and weakening of solidarity are among the events seen in every family. The Prophet (pbuh) was able to have controversies with his wives, even if it was a rarely example. However, in these discussions, it is seen that he does not allow violence and tries to solve the issues patiently and by talking to each other, and sometimes asks for help from his close circle or relatives of his spouses. ʿĀʾIs̲h̲a is the most prominent among the wives of the Messenger of Allah, except for Khadija. She himself knew this and was voicing this claim against the other wives of the Messenger of Allah (pbuh). When the Prophet (pbuh) married Umm Salama, people talked about his beauty. ʿĀʾIs̲h̲a, who heard these praises, was very upset about the new rival who came to her. With Zaynab bt. ḎJ̲aḥs̲h̲ stepping into the house of the prophet, the balances changed and a fierce rivalry began between her and ʿĀʾIs̲h̲a. Just as ʿĀʾIs̲h̲a was proud of her superiority, Zaynab began to brag about her superiority. ʿĀʾIs̲h̲a had a special place among the wives of the Prophet. This was evident from the fact that the Messenger of Allah (pbuh) said at every opportunity that he loved him very much. The Messenger of Allah (pbuh) did not hesitate to express this either. When the Prophet (pbuh) went on an expedition, he would treat his wives fairly and draw lots so that he would not cause hatred or envy among them. When the lottery went out to another wife besides ʿĀʾIs̲h̲a, the dissatisfaction on his face could be felt. Among his other wives, the Prophet tried to protect and watch over his wife, Safiyya, at every opportunity, which he felt was strange because he was later included among them and was of Jewish origin. Although Mariye was a slave, she became one of the envied women among the wives of the Prophet after she gave birth to her son Ibrahim to the Messenger of Allah (pbuh). Undoubtedly, it was ʿĀʾIs̲h̲a who envied him the most. (shrink)