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Regulating demographics through regulating marriage: Israel's millet-based approach to personal status law and its ramifications on the social hierarchy

Identity, though deeply personal, has often been exploited by the ruling class in order to gain power over their subjects. The preservation of social cleavages—be they national, ethnic, racial, religious, et cetera—is thus a matter of public policy. To ensure the propagation of a certain identity, t...

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Main Author: Nirenberg, Briana
Format: Thesis
Published: AUC Knowledge Fountain 2020
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access_status_str Open Access
author Nirenberg, Briana
author_browse Nirenberg, Briana
author_facet Nirenberg, Briana
author_sort Nirenberg, Briana
collection Thesis
dc_rights_str_mv The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy. The author has granted the American University in Cairo or its agents a non-exclusive license to archive this thesis, dissertation, paper, or record of study, and to make it accessible, in whole or in part, in all forms of media, now or hereafter known.
description Identity, though deeply personal, has often been exploited by the ruling class in order to gain power over their subjects. The preservation of social cleavages—be they national, ethnic, racial, religious, et cetera—is thus a matter of public policy. To ensure the propagation of a certain identity, the state must rely on its current citizens to reproduce the social structures that give their identities value. In order to maintain boundaries between the factions, groups must remain “pure” lest these structures be challenged. While prohibitions on whom an individual can marry exist across systems, they take on different, more subtle forms in the modern era. In the Middle East, legal approaches to marriage often emulate the millet system of the Ottoman Empire, in which religious communities have jurisdiction over their adherents in affairs relating to personal status. Using Israel as a case study, this paper explores the careful negotiation that occurs when a legal system attempts to incorporate religious law into civil law, which naturally presents both practical and ideological challenges. A country less than a century old, Israel is home to a complex social hierarchy of various ethnic and religious groups, a social hierarchy in which one’s ethnic or religious identification is often cross-cutting with his socioeconomic status, level of education, and presumed loyalty to the state. It is also a social hierarchy that despite—or maybe because—of its complexities is quite rigid. Due to the state’s delegation of personal status to the religious courts, the religious demographics of the state, and the fact that all of Israel’s religious authorities have prohibitions against marrying a member of another faith, interfaith marriage remains an impossibility for most, with even informal recognition being difficult to obtain. Israel has capitalized on the forced segregation imposed by the millet system and used as means of demographic regulations, despite its infringement on the right to choose one’s own romantic partner.
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institution American University in Cairo (Egypt)
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license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from AUC Knowledge Fountain — bepress
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spelling oai:fount.aucegypt.edu:etds-2500 Regulating demographics through regulating marriage: Israel's millet-based approach to personal status law and its ramifications on the social hierarchy Nirenberg, Briana Identity, though deeply personal, has often been exploited by the ruling class in order to gain power over their subjects. The preservation of social cleavages—be they national, ethnic, racial, religious, et cetera—is thus a matter of public policy. To ensure the propagation of a certain identity, the state must rely on its current citizens to reproduce the social structures that give their identities value. In order to maintain boundaries between the factions, groups must remain “pure” lest these structures be challenged. While prohibitions on whom an individual can marry exist across systems, they take on different, more subtle forms in the modern era. In the Middle East, legal approaches to marriage often emulate the millet system of the Ottoman Empire, in which religious communities have jurisdiction over their adherents in affairs relating to personal status. Using Israel as a case study, this paper explores the careful negotiation that occurs when a legal system attempts to incorporate religious law into civil law, which naturally presents both practical and ideological challenges. A country less than a century old, Israel is home to a complex social hierarchy of various ethnic and religious groups, a social hierarchy in which one’s ethnic or religious identification is often cross-cutting with his socioeconomic status, level of education, and presumed loyalty to the state. It is also a social hierarchy that despite—or maybe because—of its complexities is quite rigid. Due to the state’s delegation of personal status to the religious courts, the religious demographics of the state, and the fact that all of Israel’s religious authorities have prohibitions against marrying a member of another faith, interfaith marriage remains an impossibility for most, with even informal recognition being difficult to obtain. Israel has capitalized on the forced segregation imposed by the millet system and used as means of demographic regulations, despite its infringement on the right to choose one’s own romantic partner. 2020-11-11T08:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/1492 https://fount.aucegypt.edu/context/etds/article/2500/viewcontent/Nirenberg_2c_20Briana_20Thesis_202020_09_05.pdf The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy. The author has granted the American University in Cairo or its agents a non-exclusive license to archive this thesis, dissertation, paper, or record of study, and to make it accessible, in whole or in part, in all forms of media, now or hereafter known. Theses and Dissertations AUC Knowledge Fountain israel||social identity||interfaith marriage
spellingShingle israel||social identity||interfaith marriage
Nirenberg, Briana
Regulating demographics through regulating marriage: Israel's millet-based approach to personal status law and its ramifications on the social hierarchy
title Regulating demographics through regulating marriage: Israel's millet-based approach to personal status law and its ramifications on the social hierarchy
title_full Regulating demographics through regulating marriage: Israel's millet-based approach to personal status law and its ramifications on the social hierarchy
title_fullStr Regulating demographics through regulating marriage: Israel's millet-based approach to personal status law and its ramifications on the social hierarchy
title_full_unstemmed Regulating demographics through regulating marriage: Israel's millet-based approach to personal status law and its ramifications on the social hierarchy
title_short Regulating demographics through regulating marriage: Israel's millet-based approach to personal status law and its ramifications on the social hierarchy
title_sort regulating demographics through regulating marriage israel s millet based approach to personal status law and its ramifications on the social hierarchy
topic israel||social identity||interfaith marriage
url https://fount.aucegypt.edu/etds/1492
https://fount.aucegypt.edu/context/etds/article/2500/viewcontent/Nirenberg_2c_20Briana_20Thesis_202020_09_05.pdf
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