When “Mixed” Marriages Fall Apart: A Socio-Legal Perspective

Abstract

ABSTRACTThis article sheds light on the socio-legal implications of the dissolution of “mixed” marriages. By analyzing two legal cases decided by Israeli shari‘a and civil courts, the article shows how such dissolution transforms the map of social conflicts and coalitions that was formed when the marital union was established. It illustrates how the ex-spouses’ families and communities are drawn into the custody struggles following the divorce, and how communal/religious courts may side with the spouse of the same community/religion. It argues that ex-spouses who converted to their partners’ religion – more often women than men – might be disadvantaged by this situation, and demonstrates how courts and parties to the postmarital intercommunal conflict infuse the concept of the “child’s best interests” with diverse cultural meanings.