Israel's Jewish Law Influence: Understanding The Legal System

Israel has several laws that apply to Judaism and Jewish people. The Basic Law: Israel as the Nation-State of the Jewish People, passed in 2018, outlines the country's significance to the Jewish people and specifies roles and responsibilities that Israel is bound to fulfill. This law was met with backlash and was challenged in the Supreme Court, but was ultimately upheld as constitutional in 2021. Another notable law is the Law of Return, passed in 1950, which grants every Jew in the world the right to settle in Israel and obtain citizenship. This law has been amended several times, with the most recent amendment being in 1999. These laws reflect Israel's commitment to being a Jewish and democratic state, but they have also been criticized for allegedly entrenching privileges for Jewish citizens and discriminating against Palestinian citizens.

The Law of Return

The law defines a "Jew" as a person who was born of a Jewish mother or has converted to Judaism and is not a member of another religion. This definition caused some controversy, as Orthodox Jews do not recognise conversions performed by Reform or Conservative Judaism. However, the Law of Return provides that any Jew, regardless of affiliation, may migrate to Israel and claim citizenship.

The right to an oleh's visa or certificate may be denied if the person is deemed to be a threat to the security of the state, has a criminal past, or is engaged in activity directed against the Jewish people. The Minister of Immigration is responsible for implementing the law and can make regulations regarding the grant of visas and certificates.

Hebrew as the official language

Hebrew is the official language of Israel, with almost the entire population speaking it as a first language or proficiently as a second language. Modern Hebrew is the main language used in Israel and became the official language of the country when the Jewish state was first established as an independent entity in 1948. Hebrew is the language of Judaism and the Bible, and its origins have been traced back to 1250 BCE. It is written and read from right to left and is written without vowels.

In Israel, Hebrew is used in the government, schools, media, street signs, and in everyday conversations. It is the language of instruction in schools and universities, and the language of government and legal proceedings. It is also the language spoken in the media and by most Israelis in their daily lives. Hebrew is an integral part of Israeli culture and identity and is a source of pride for Israelis and Jews worldwide.

The revival of Hebrew as a spoken language played a crucial role in the establishment of the State of Israel, as it provided a unifying language for Jews from all over the world who immigrated to the country. This revival can be traced back to October 13, 1881, when Eliezer Ben-Yehuda and his friends agreed to speak only Hebrew in their conversations. Ben-Yehuda was a proud member of the Zionist movement and dreamed of a better future for the Jewish people. His mission was to bring Jews back to their roots by moving to their native land and relearning their native language.

Hebrew is also very similar to Arabic since both are Semitic languages. Despite having different alphabets and scripts, they have comparable grammar systems and many similar words. For example, "salam" in Arabic is "shalom" in Hebrew, with both words meaning "hello" and "peace."

The status of Hebrew as the official language of Israel is enshrined in the Basic Law: Israel as the Nation-State of the Jewish People, passed by the Knesset on July 19, 2018. This law defines Hebrew as "the State's language" and Arabic as a language with "a special status in the State." The law also stipulates that it should not be interpreted as compromising the status of the Arabic language in practice before the enactment of the Basic Law, preserving the status quo.

Prior to the enactment of this Basic Law, the status of the official language in Israel was determined by the Constitution of Mandatory Palestine, promulgated by an Order in Council of the British Crown on August 14, 1922, and amended in 1939. This law stated that all official notices and documents of the government and local authorities should be published in English, Arabic, and Hebrew. However, with the establishment of Israel in 1948, the official language changed to Modern Hebrew.

Jewish settlement as a national value

The Basic Law: Israel as the Nation-State of the Jewish People, also known as the Nation-State Bill or the Nationality Bill, is an Israeli law that outlines the country's significance to the Jewish people. The law was passed by the Knesset in July 2018 and is largely symbolic and declarative in nature. One of the key provisions of the law is the recognition of the development of Jewish settlement as a national value.

The law states that "The state views the development of Jewish settlement as a national value and will act to encourage and promote its establishment and consolidation." This provision emphasizes the importance of establishing and expanding Jewish communities within the state of Israel. It reflects the Israeli government's commitment to supporting the growth and development of Jewish settlements as a fundamental aspect of the country's identity and values.

The inclusion of this provision in the Basic Law underscores the Israeli government's recognition of the significance of Jewish settlement in the country's history and future. By encouraging and promoting the establishment of Jewish communities, the Israeli government aims to strengthen the connection between the state and the Jewish people. This provision also reinforces the idea that Israel is a nation-state for the Jewish people, where they can fulfill their right to self-determination.

The Basic Law: Israel as the Nation-State of the Jewish People has been the subject of controversy and criticism, both domestically and internationally. Some critics argue that the law adopts an exclusively Jewish identity, moving away from Israel's self-defined legal status as a "Jewish and democratic state." There are concerns that it complicates the Israeli-Palestinian peace process and undermines the rights of non-Jewish citizens. However, supporters of the law, including Prime Minister Benjamin Netanyahu, defend it as a necessary affirmation of Israel's identity as the nation-state of the Jewish people, while still guaranteeing the civil rights of all Israeli citizens.

The law has been challenged in the Supreme Court of Israel, with petitions filed by various groups, including Israeli Druze officials and the Association for Civil Rights in Israel. The Supreme Court ruled in July 2021 that the law was constitutional and did not negate Israel's democratic character. The court's decision affirmed that the law merely declares Israel as a Jewish state and does not detract from the individual rights of non-Jewish citizens.

Jewish immigration

Israel's Basic Law, passed in 2018, outlines the country's significance to the Jewish people and its role as their nation-state. This law also declares that Israel will be open to Jewish immigration and the gathering of exiles.

The Law of Return, passed in 1950, gives Jews, people with one or more Jewish grandparents, and their spouses the right to relocate to Israel and acquire citizenship. This law was passed unanimously by the Knesset, and it declared: "Every Jew has the right to come to this country as an oleh [immigrant]". The right of entry was later extended to people with at least one Jewish grandparent and a person married to a Jew, even if they are not considered Jewish under Orthodox interpretations of Jewish law. Since 2005, this law has not applied to residents of the West Bank or the Gaza Strip.

The Law of Return was amended in 1970 to provide a more detailed explanation of who qualifies as a Jew. According to this amendment, a Jew is any person born to a Jewish mother or someone who has converted to Judaism and is not an adherent of another religion. The amendment also extended the right of return to include children, grandchildren, and spouses of Jews, as well as spouses of their children and grandchildren. This was done to increase immigration levels and offset the "demographic threat" posed by the growth of the Arab population.

The Citizenship Law of 1952 details the requirements for Israeli citizenship, which is dependent on an individual's religious affiliation. This law explicitly repealed all prior British-enacted legislation concerning Palestinian nationality.

In addition to the Law of Return and the Citizenship Law, there are other laws that impact Jewish immigration to Israel. For example, the Nationality Law of 1952 contains follow-up legislation on immigration matters. There is also the Ingathering of the Exiles law, which states that the state will be open for Jewish immigration and the gathering of exiles.

Jewish supremacy

Israel has several laws that apply to Judaism and have been criticised for upholding Jewish supremacy.

The Law of Return

The Law of Return, passed by the Knesset in 1950, grants any person with one or more Jewish grandparents, as well as their spouses, the right to move to Israel and acquire citizenship. This law has been criticised for being ethnically exclusive and discriminatory.

Basic Law: Israel as the Nation-State of the Jewish People

Passed in 2018, this law outlines Israel's significance to the Jewish people. It states that the right to exercise national self-determination in Israel is unique to the Jewish people, establishes Hebrew as the official language, and downgrades Arabic to a "special status". It also establishes Jewish settlement as a national value and encourages the development of Jewish communities.

The law has been criticised by some as racist and undemocratic, with opponents arguing that it creates two separate classes of citizens and promotes Jewish supremacy. The law has also been criticised for not adequately protecting the rights of non-Jewish citizens, particularly in relation to immigration, land ownership, and political participation.

Immigration Laws

Israel's immigration laws favour Jews over non-Jews. Any Jew in the world and their descendants are entitled to immigrate to Israel and receive citizenship. In contrast, non-Jews have little to no right to legal status in Israeli-controlled areas, and Palestinians living in other countries are unable to immigrate to Israel.

Land Laws

Israel has enacted discriminatory land laws that favour Jewish citizens. The Absentee Property Law, for example, allows Israel to expropriate Palestinian-owned land. In addition, Israel has significantly reduced the areas designated for Palestinian communities, with more than 90% of land in Israel's sovereign territory now under state control.

Movement Restrictions

Israel imposes strict movement restrictions on Palestinians in the Occupied Territories, generally forbidding them from moving between different areas. Palestinians in the West Bank and Gaza require permits to enter Israel, East Jerusalem, or the Gaza Strip, which are issued sparingly and through an arbitrary mechanism.

Political Participation

Palestinians in the Occupied Territories are denied the right to political participation and are unable to vote in Israeli national elections. While Palestinian citizens of Israel can vote and run for office, they face various forms of discrimination and are vilified by key political figures.

In conclusion, while Israel is a country with a diverse population, its laws and practices have been criticised for upholding Jewish supremacy and creating a system of institutionalised discrimination against non-Jewish citizens, particularly Palestinians. These laws and practices have far-reaching consequences in areas such as immigration, land ownership, movement, and political participation, contributing to a system of apartheid, according to some critics.

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