ARAB MINORITY FEARS AS ISRAEL LOOKS TO THE USE OF ‘HEBREW LAW’ IN COURTS
▶ Supporters claim it will rarely be applied; secular Jewish and Arab critics worry it will damage their human rights
Israeli Arabs and liberal Jews have been dismayed by the idea that “Hebrew law” may be introduced as a basis for court judgments.
Proponents of the change said it would be applied rarely and would not mean that secular Israelis could be coerced into following the law, called halacha.
Critics regard the idea as a step back towards religious chauvinism that could harm the rights of Arabs and women.
The proposal is led by Nisan Slomiansky, a member of the Knesset from the far-right coalition partner, the Jewish Home party.
It was discussed this week by a parliamentary committee pushing the proposed nationality law, an attempt to give priority to the Jewish character of the state over democratic values in a move that, among other things, would strip Arabic of its status as an official language.
Mr Slomiansky had a stipulation inserted that required courts to make rulings “in accordance with the principles of Hebrew law” in instances not covered by Israeli law or legal precedent. He is also behind separate legislation, known as the “Hebrew law” bill to the same effect.
Yedidia Stern, an academic affiliated with the Israel Democracy Institute who supports the proposal, said Hebrew law would be applied only when there was a gap in law.
“It is mainly symbols as opposed to practical issues,” Mr Stern said. “It’s a symbol that, yes, we can go to American law or British law but we also have our own traditional law, which is Jewish law.”
While politicians are still arguing over the wording of the nationality law bill, the Hebrew law bill is ready for the first of three readings in parliament.
Analysts said there was a good chance that it would gain majority endorsement, with the right-wing Kulanu party declaring support for it.
Mr Slomiansky said the principles would be derived from the Mishna, a compilation of teachings from the second century AD, and the Talmud, studies that elaborate on the Mishna from the fifth century AD.
Secular and religious Arab leaders are alarmed by the proposals.
Knesset member Yusuf Jabareen, who comes from a leftwing, secular background, said they constituted “another degradation of our rights and legal status”.
“We would like Israeli law to depend on universal values, human rights and democracy, but not religious issues and content,” Mr Jabareen said. “It’s another exclusion of our community and of general universal values.
“It affects everyone who cherishes universal values. It might lead to discrimination, to giving preference to Jews over non-Jews. We don’t know who will be the justice to interpret Hebrew law and which interpretation he will make.”
He said it could also lead to discrimination against women.
Safwat Farig, deputy head of the moderate branch of Israel’s Islamic Movement, said the proposal was “no good, dangerous and harmful to people who don’t get protection from the government or state institutions”.
“The government discriminates against Arabs and it is clear there is racism among the police,” Mr Farig said. “At the work place, there is favouritism towards Jews.
“The court is the only place where there still is some feeling that, if you are an Arab Muslim facing a Jew, you are equal. Now in the court they are going to introduce religious elements that will harm minorities.
“They always spoke of a Jewish democratic state but it is turning into a Jewish and undemocratic state.”
Mr Slomiansky denied his proposal would lead to religious practice being forced on secular Jews.
“We want a judge who has no solution in the existing law to look at what the Hebrew law says on the matter and try to adopt it,” he said.
Hebrew law was ahead of other systems in providing for a day of rest, severance pay and paying employees on time, Mr Slomiansky said. “It contains beauty, wisdom and sense.”
Nor does he accept that it could discriminate against Arabs.
“If you learn from Jewish law to give a day off, then the Arab will also get a day off,” Mr Slomiansky said. “The same for paying an employee on time. These principles apply to everyone and beyond that we are a Jewish state.
“It is permissible for us to be a Jewish state. We give rights and obligations to everyone who lives here, but we are a Jewish state.”
Dan Yakir, legal counsel for the association for civil rights in Israel, said “ancient” Hebrew law did not address modern democratic values, and might even contradict them. And it would definitely harm the Arab minority.
“We know there are racist laws in Jewish law, laws that give priority to Jews, and this cannot dictate what we do in 2017 regarding the right to equality of all citizens in Israel,” Mr Yakir said.
“There are beautiful values like taking care of the stranger and there are other commandments that contradict these. Any judge can construe the law according to his views. That is why it’s so dangerous.”
We would like Israeli law to depend on universal values, human rights and democracy, but not religious issues and content YUSUF JABAREEN Knesset member