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The English Law of Bigamy in a Multi-Confessional Society: The Israel Experience

The English Law of Bigamy in a Multi-Confessional Society: The Israel Experience THE ENGLISH LAW OF BIGAMY IN A MULTI-CONFESSIONAL SOCIETY: THE ISRAEL EXPERIENCE P. Shifman* A. History of the Offence of Bigamy in Israeli Law Bigamy was first made an offence in Israel during the Mandatory regime by § 181 of the Criminal Code Ordinance of 1936 on the pattern of English law. To exempt Moslems whose religion permits plurality of marriage from its operation the offence was not originally territorial in its scope, affecting the entire population, but was confined to a "mar­ riage" void because it took place during the lifetime of an existing spouse. In so providing, the legislator overlooked that the section also excepted Jews whose religion, while forbidding bigamy, does not deny all validity to a bigamous marriage. It was only after the Supreme Court of the time was impelled to acquit a Jew charged with bigamy because of the restricted terms of the section that the law was amended in 1947 to take out of its operation only those cases where the law of marriage applicable at the date of both the marriages involved allowed the husband to have more than one wife. Moslems thus retained their immunity in respect of the offense. Some http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

The English Law of Bigamy in a Multi-Confessional Society: The Israel Experience

American Journal of Comparative Law , Volume 26 (1) – Jan 1, 1978

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Publisher
Oxford University Press
Copyright
© 1978 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/839776
Publisher site
See Article on Publisher Site

Abstract

THE ENGLISH LAW OF BIGAMY IN A MULTI-CONFESSIONAL SOCIETY: THE ISRAEL EXPERIENCE P. Shifman* A. History of the Offence of Bigamy in Israeli Law Bigamy was first made an offence in Israel during the Mandatory regime by § 181 of the Criminal Code Ordinance of 1936 on the pattern of English law. To exempt Moslems whose religion permits plurality of marriage from its operation the offence was not originally territorial in its scope, affecting the entire population, but was confined to a "mar­ riage" void because it took place during the lifetime of an existing spouse. In so providing, the legislator overlooked that the section also excepted Jews whose religion, while forbidding bigamy, does not deny all validity to a bigamous marriage. It was only after the Supreme Court of the time was impelled to acquit a Jew charged with bigamy because of the restricted terms of the section that the law was amended in 1947 to take out of its operation only those cases where the law of marriage applicable at the date of both the marriages involved allowed the husband to have more than one wife. Moslems thus retained their immunity in respect of the offense. Some

Journal

American Journal of Comparative LawOxford University Press

Published: Jan 1, 1978

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