The work of Mr. Fitoussi, from of a thesis in Paris VIII,
After a third round under my direction is an almost exhaustive presentation of
Israeli law of the family, beyond its initial title. As such, it offers a double
the comparative interest: firstly by its subject-matter. Against of the
rights of traditional Islamic and their repercussions international that
the object of an abundant bibliography, the French-language literature on the
right to Israel (which is not without offering any analogy with the Quranic sources)
remains very poor. It reflects in the second place, the tensions between the attachment to the
"Misnah" tradition and the will of modernizing the law, with the double
competence within a mini system between rabbinical courts and
civil courts. In a legal system to offset inequality where divorce
is a private initiative of the husband but where the maintenance of the household and the children it
only, contradictions abound. The author denounced to
correctly the symbol of inequality of the rules, the race to the jurisdiction of the Court
religious and civil order, the first favouring the man on obtaining of
divorce, the latter with respect to the pension and compensation of women. Of
generally speaking, Mr Fitoussi condemned under the law of Israel
the prohibition of marriages contrary to religious unity, resistance, mixed with
rabbinical courts to apply egalitarian plans liquidation rules
matrimonial, as the martial "gueth" to the woman in material licensing
divorce. He condemned in international matters, the extensive application of the test
informal foreign households and a refusal to accept the General principles of the
International Convention of the rights of the child, despite its ratification. The rigidity
religious rules on matrimonial prohibitions created a temptation permanent
fraud; beyond the national framework, encouraging the author to a modernisation of
right applies also to the neighbouring Muslim States and appears
as a way to solve the passions and religious antagonisms rocking
This part of the world.
François BOULANGER,
Professor Emeritus at the University of Paris VIII