The Knesset Committee on Constitution, Law and Justice passed
the second and third readings of a bill submitted by MK Yariv Levin (Likud)
with other MK's that would raise the marriage age from 17 to 18 years of age.
The bill had already passed preliminary readings in the 18th Knesset. Opposing
the bill wre MKs from United Torah Jewry and Shas, who said that raising the
marriage age would have a negative impact on their communities.
Until now, Israelis were legally allowed to marry at 17
years old. However, the courts were able to authorize minors below 17 to marry,
and there was, essentially, no minimum age limit. Under the new law, marriage between minors
without court sanction can be criminally prosecuted, and is punishable by up to
two years imprisonment.
More than just changing the minimum legal marriage age as
adults, the new law now only permits the courts to give special dispensations
for couples where both bride and groom are at least 16 years old. In special
circumstances - such as when the bride is pregnant or given birth - the law may
allow for marriages under 16 years of age. These circumstances, however, must
be brought before the court after undergoing an official investigation by a
social worker from the Ministry of Social Affairs and Social Services.
In addition, it was determined that an annual report will be
made to the Minister of Justice, the Minister of the Interior, the Minister of
Religious Services and the Minister of Public Security, Constitution, Law and
Justice in matters relating to underage marriages. The reports will include the
number of applications for marriages by couples under the age of 16 submitted
to the court, how many of those requests received marriage permits, the total
number of indictments filed, the total number of minors listed in records of
the Ministry of the Interior, and other numbers to provide yearly statistics
about underage marriage in Israel.
The bill was designed to prevent such young couples from
making major decisions before they are mature enough to understand the legal,
social, and emotional consequences of marriage, and to prevent forced
marriages.
MK Moshe Gafni (United Torah Judaism) criticized the law,
noting that the bill flies in the face of practices common in certain haredi
communities for marriages to be conducted before the age of 18. "17 year olds
can choose [to leave home, and decide] where to live. Why can't they be trusted
to marry?" Gafni said. "If we would suggest such a bill, you would
say that we are not being Democratic," Gafni raged. "You call us
fanatics, that we can't explain anything to you, that we're hypocrites."
Other United Torah Judaism MKs described the move as
"delusional", citing other recent marriage bills, like the passing of
the 'Tzohar' bill into law and the recent proposals for civil marriage.
Meretz MK Zahava Gal-On praised the move, citing the fact
that a lot of parents marry off their daughters at 14 and only officially
register their marriage at 17. Gal-On emphasizes the importance of completing a
high school education, and justifies the fact that the decision to marry is
only appropriate at a later stage of development. "The Knesset has passed
the law in honor of its current and former members. We have waited for this for
over a decade."
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