‘Jewish law’

The most updated version of the nation-state bill being promoted by the coalition – which includes a requirement that courts rule ‘‘in light of the principles of Jewish law’’ in matters for which there is no current law or legal precedent – would take the Israeli judicial system backwards. The Bible, the Talmud and Jewish law can indeed be sources of inspiration, but cannot replace laws, regulations and legal rulings, unless Israel is seeking to resemble fundamentalist caliphates.

The Foundations of Law Act, passed in 1980, states that any time there is a lacuna in legislation or precedent, the court will rule on the new issue, ‘‘in light of the principles of liberty, justice, fairness and peace,’’ found in Jewish tradition. This flexible wording allowed the courts, first and foremost the Supreme Court, to draw on those aspects of Jewish tradition that are compatible with modern liberalism and concepts of justice.

Including the term ‘‘Jewish law’’ in the legislation may lead to an abyss that will require interpretation of the term itself, and could establish, for example, that every ruling or reference work that deals with interpreting Jewish law is itself part of Jewish law. Thus the original context of the term will be blurred. Even worse, Jewish law includes – in the laws and punishments it mandates – what today is defined as discrimination against women, LGBT persons, minorities and foreigners. Such outlooks must not be allowed to seep into Israeli law.