Here in the United States, we have become only too familiar with the paranoid rantings of those who warn of “creeping sharia.” Sharia, of course, is the body of religious Muslim law. Neo-conservatives and their fellow travelers have had a good deal of impact scaring Americans about this non-existent threat.
Thankfully, numerous analysts and reporters, such as Matt Duss at Think Progress, have done outstanding work exposing this fear-mongering propaganda for what it is.
Maybe, though, it’s time we American Jews, and our Israeli counterparts, woke up to the real threat in Israel of “creeping halakha.”
The Knesset is considering a bill now that would change Israel’s Basic Law defining Israel as a “Jewish and democratic state,” to promote Israel’s “Jewish character” as superior to its democratic nature.
In other words, as Likud MK Ze’ev Elkin, a leading figure in the anti-democracy movement in Israel, explains, the new law would frame “the state as the Jewish nation state in (court) ruling(s) in situations in which the Jewish character of the state clashes with its democratic character.”
Can we be any more blatantly anti-democratic than that? Actually, yes.
Because the bill contains another provision, one which would provide that “If the court sees a legal question requiring a ruling, and finds no solution in legislation, custom or clear analogy, it will rule in light of the principles of freedom, justice, integrity and peace in Jewish heritage.” In other words, as Ha’aretz puts it, the “…clause states that Jewish law will be a source of inspiration to the legislature and the courts.”
It may well be that this clause will not be part of the law that will be passed. It does have the whiff of a clause that was put in to stir up controversy so it can be removed and the rest of the legislation will be less targeted.
But even if that is the case, and one hopes that it is, the inclusion of this clause is a warning to us all of the increasing religious influence in the Knesset. This is a cause for grave concern for a number of reasons.
As Jews, we must all be concerned that the world’s only Jewish state would represent not a national state, but a religious one. We, better than any other people, know the dangers of religious states. Contrary to the dissembling on the right, most progressive Jews are very concerned about human rights abuses in theocratic countries, including, though not limited to, Muslim countries (we just don’t like it when those concerns are cynically used to shield Israel, or other countries, from legitimate criticism of their own human rights violations). Continue reading