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Amira Hass, columnist at HaAretz, recently wrote a column where she not only defended rock-throwing Palestinians, but encouraged them to continue it. I know that Hass doesn’t harbor any warm feelings for Israel or the Israeli society, even less for the settlers, which are an expression of colonialism according to her opinion, as well as I know that she sympathizes strongly with the Palestinian cause, so much that she now lives in Ramallah. That I don’t have a problem with, I actually sympathize with the Palestinians as well, though not so much that I hate Israel and the Israeli society (true, there are elements I would love to be without, but no society is perfect).
Hass is entitled to her opinions on Israel and the conflict, and I can understand some of them, though agreeing with her in general is hard. When she objects to, and criticizes Israeli violence I agree, and I believe it should be condemned. So, for example, when Israeli soldiers are beating up Palestinian children (how often or not it might happen), or when settlers attack innocent Palestinians, on their way to their fields or just passing by. But her condemnations and criticism just underscore the amazing hypocrisy of hers. How in the world can you on one hand condemn violence and on the other hand encourage it? Particularly after the incidents that have passed lately, where we have seen a three-year old girl surviving only by a miracle, after stone-throwers caused the girl’s mother to crash with a truck!
I know what Hass would say; that it’s tragic and unfortunate, but that it’s the parents fault for bringing her there, being in the West Bank is cause of danger for Jews (or should be according to her opinion apparently), and to bring a girl there is the fault of those bringing her. Her flawed logic screams to heaven, here are some reasons why:
First, how did the stone-throwers know that there were Jews in the car? True, you can see whether the car is Israeli or Palestinian, based on the color of the number plates, but Palestinians with Israeli citizenship drive in Israeli cars, and as such can also be targeted. If this had been a Palestinian girl, rather than a Jewish, what would her explanation and reaction be? No need to guess, Israel would have been blamed for this, since the stone-throwers only throw stones as a reaction against Israeli occupation, leaving the stone-throwers as beings without any ability to reflect and think independently.
Second, that she finds it okay to target Jews, is in itself disgusting. If I can find some reason to justify the means, is it then okay to target Palestinians, women, Buddhist, or whatever I can think of, only based on my dislike towards a certain group, making all members of this group responsible for the actions of the few? Or is it up to Hass to decide when it is moral and when not?
Let us turn it around for a moment. Is it really a wise advice she gives the Palestinians? Is it something which will improve their situation? No, not really. Here are some reasons for that:
First, we already have enough violence, the last intifada should be proof enough for anyone that violence is not the answer, that violence only hardens the attitude of the Israelis, who need to be part of a stable agreement ending the conflict, making it harder for any Israeli political attempts to improve the situation.
Or let us say, for the sake of argument, that the Israeli politicians don’t want peace. Still, these actions of violence juts gives them excuses for not doing anything to improve the situation. Whether the one or the other, these actions of violence will backfire.
Second, the youth (and yes, we are talking mostly about youngsters, who most likely are bored and think that they actually are doing a great deed for the Palestinian cause) are endangering themselves. Make no mistake, some settlers are armed, and very ready to use their weapons in self-defense. Note; self-defense. Hass is encouraging young people to put their life at risk, for her confused sense of justice, knowing very well that stone-throwers most likely won’t make any changes, besides worsen the situation for the Palestinians. How I can know that? You don’t see her with the Palestinians throwing stones, she knows very well the dangers connected to doing this.
But here is the worst reason why Hass’ encouragement is despicable. She could be a bridge, she could connect the two sides, be an intermediate partner for peace, taking advantage of her knowledge and status in order to promote actions, where people from both sides could create something together and improve relations. Instead of that she chooses to encourage to violence and by that saw hatred on both side.
Hass is not among the “disciples of Aharon”, those striving for peace, ready to put themselves out there, risking themselves, in order to connect striving parties, creating communications and establishing friendship on the two sides, such as for example the late R. Froman, z”l, was. She is rather among the followers of Korach, who rebelled against the establishment of the Jewish people, not in order to promote justice, but in order to gain prestige and honor not deserved.
And why a newspaper like HaAretz wants to take part in this, is above me to understand.
Most of you probably already know, Israel and Hamas (and helpers) have again engaged in a round of escalated violence. Yet again the escalated attempts at killing each other of will begin, and yet again the discussions about who is to blame, with direct reporting from here and there, and experts sitting in the studio (who often aren’t experts) will tell us all how wrong the one side is, and how much the other side suffers.
I still remember January 2009 and its aftermath. Too many people were killed, and all over Europe there was an outcry for justice, which apparently for some involved the killing of all Jews. It will come again, in the same level, this time though – at least for the aware person – in the background of the killing of more than 30,000 civilians in Syria, without any greater demonstrations taking place.
Yet again we will here blame directed at the Palestinians or at Israel, attempting to portray either of them as terrorists and murderers. Yet again people will be blind to the faults of their own side, only seeing the faults of the other side. I’ve already witnessed it to great extant in less than 24 hours.
Last time I took active part in the discussions, this time I most likely won’t. People are dying on both sides, mostly innocent civilians, children. This morning three Israeli civilians died as well as the baby child of a Palestinian journalist. Being a soon-to-be-father I can imagine the pain, just the thought of seeing my own unborn son, has v’halilah, makes me cry. This won’t bring any good with it, just as last time we won’t see this lead to the end of fightings and the killing of people. On the contrary this will expose a lot of hypocrisies, particularly the double standards being exposed in way of criticism.
At work I have two colleagues being personally involved in this round of fightings. Well, all of us living here are, all of us have friends or family being within range of fire. But these two have close family in Gaza and Beer Sheva, the one being a Palestinian the other a Jew. When they meet today at work they can talk about the safety of their loved ones, or rather, the chances that they won’t see them again. Who is to blame? Forget about that, just let them be able to meet after this is over and be able to say, Alhamdulillah, my family is in good health.
So who is to blame? Let’s just have a couple of words or three about that. And who will benefit from this? The Israeli right wing and the extremist religious fanatics among the Palestinians, they will benefit from this. Some people have expressed thoughts on how curious it is, that this always happens before Israeli elections. I don’t know about “always”, but it does happens, and yes, it is curious. These people present it as a plan from the Israeli right wing, a scheme in order to make them seem strong and protective in the eyes of the Israeli public. Is this true? Yes and no. The Israeli right wing cannot just start a war, just because they want to. It is true that Likud and other right wing parties are gaining much more from this, politically, than the left wing, and that this certainly is a good time (if any) for the escalation of violence. But what these critical people fail to acknowledge (of some reason or another) is that this doesn’t happen in a vacuum. Israel doesn’t just begin to bomb, just to do it. These people are totally ignoring the rockets being shot into Israel for a longer period or trying to excuse it. I’m sorry to say, I don’t accept any excuses for the conscious and deliberate targeting of civilians, no matter what. These critics – who blame Israel for breaking the ceasefire – also ignore the four rockets fired into Israel earlier yesterday before Israel targeted Ahmad Ja’abari, one of the top leaders in Hamas. This is ignoring facts, in order to make your understanding of what is going on fit into your bigger picture of things. And it is dishonest.
But here’s the deal. Even if Israel – per se – is only defending herself after the recent attacks on her civilians – and yes, I do believe that Israel has an obligation to do that, as any government in the world has, rather than killing them – the Israeli government, or Israel at large, does hold responsibility itself. Not necessarily for this particular escalation of violence, but for the overall situation we’re having. For making a mockery of the Palestinian side, though the Palestinian leaders also do that well. For not really wanting to give the Palestinian leadership something to bring their people, some acknowledgement of sort. Mahmoud Abbas lately stated in an interview, that he refused to hold the return of Palestinian refugees to Israel as a holy principle, acknowledging that it wouldn’t happen and Palestinians shouldn’t expect it to happen. For that he received a great deal of criticism among his own, while some Israeli politicians and opinion makers ridiculed him, refusing to take him serious. The same, of sorts, happened to Salem Fayyed when he tried to be productive, both among his own, but also among Israeli leaders. Fayyed is one person among the Palestinian leaders, which Israel really could trust, who was struggling (and still is) for honest and open relations, as well as attempting to fight corruption. He is today a shadow of what he was, after attempts to crush him both from Israelis and Palestinian leaders.
But also ordinary people are to blame. When we relate to each other as pure trash or bugs, then no wonder there is hatred and will for war, rather than attempts to create a future coexistence of some sort. Already now I have read statements like “make Gaza into a parking lot”, “bomb the fucking Arabs”, “a good Arab is a dead Arab”, “I won’t cry a single tear for any dead Palestinian, civilian or terrorist, since they all are terrorists”, as well as “Hitler lived for a purpose”, “I long to crush the Jew under my foot”, “a good Jew is a dead Jew”, and so on.
As related to earlier, also the one sided, black and white criticism is a cause for this. Just as critics of Israel is ignoring the faults of Hamas and other extremist groups, so do critics of the Palestinians ignore the faults of Israel, as already mention, but particularly the needs and suffering of the other side. Just as it should be acknowledged that Israeli children have to be near shelters at all times, also in schools, and that they didn’t choose this for themselves, neither did their parents, so it should be acknowledged that the Palestinians in Gaza didn’t accept this existence for themselves. Forget the “they voted for Hamas”. That is just ignorant. They didn’t vote for Hamas, they voted against Fatah and the corruption, and they really didn’t have an alternative.
There is a lot to be said, and many things probably will be said. The world will go crazy and fight about who is the sinner here, but the truth is that most of us are, and that the world are only helping to keep this conflict going with the ideologist or material interest there might be here, while refusing to relate pragmatically to what is going on.
In the meantime innocent will suffer and be killed, on both sides. Israelis and Palestinians are not two sides fighting each other, we are one side suffering from the same source. And we will continue to suffer until we realize this and relate to our situation pragmatically.
Happy New Year to all my Muslim brothers. I hope this latest escalation may be the last, inshallah, and that this new year will be a more peaceful one for all the children in ash-Sham, as well as in the rest of the world, inshallah.
First, let me send thoughts to all the victims from Sandy, whether in the States or elsewhere. If any of you readers felt the impact, then let me express my relief that you are able to read this post by now. I sincerely hope that you weren’t affected too much of the storm.
Back to the title.
Yes, you read correct.
Israel is – or at least claims to be – a secular Jewish democracy, but yet is religious law part of Israeli law. One might not be so surprised that Jewish religious law, Halachah, is influencial on Israeli secular law, Mishpat Ivrit, but some might wonder why and how Shari’a can be influential on Israeli law.
There’s a good explanation. Israeli law is to a certain extent based on the model of Ottoman law, which was taken over by the British during the mandate period, and now in Israeli law. To be more precisely, based on Ottoman law Israel recognize a number of religious groups, which are governing themselves according to their respective religious law, in matters related to family law and privacy law. It is clearest expressed in matters of marriage and divorce, but also guardianship is falling under the religious courts, but whereas Israeli secular law rarely relates to the two first, the latter is more a focus of controversy, as well as cases involving the question of equality (as is the case for most conflicts between Israeli secular law and religious law in Israel). More about that in another post.
Israel has eight regional Shari’a courts, in Bir al-Sabi’, Jerusalem, Yaffo, Taybe, Baqa al-Gharbiya, Hayfa, Nazareth, and Acco, as well as the Shari’a court of Appeals, sitting in Jerusalem, which works as the court of appeals (hence the name). The Shari’a Court of Appeals plays a crucial role in the development of Shari’ah in Israel, since it is this institution which takes the most confrontations with the Israeli legal system, as well as being able to overrule rulings from the regional courts. It is headed by Qadi Ahmad Natour, and besides him has Qadi Farouk Zoebi and Qadi Zachi Madlaj, all elected in 1994 on permanent status (first time that happened).
The Shari’a Court of Appeal is challenged from three sides; the Israeli Supreme Court of Justice, on matters where Israeli secular law and the rulings of the Shari’ah Court of Appeals conflict, from the Islamic Movement(s), which questions and challenges the authority of the Court, and from feminist groups, challenging the lack of sensibility to the status of women and human rights.
There are a number of scholars dealing with the subject, mostly Israelis (Jewish and Palestinians), but three of them stand out in particular, Aharon Layish, who have written indepth on a number of subject connected to Islamic jurisprudence (fiqh) within Israel (both in case of the Shari’a courts and conflicts between the courts and the litigants) and historically. Moussa Abu Ramadan, who has written very indepth on the rulings and practices of the Shari’ah courts, particularly the Shari’ah Court of Appeals. And Alisa Rubin Peled, who has written about the debates and attitudes to the Shari’ah courts.
It is these three that I will base most of my study of Israeli Shari’ah upon, but still relate to others as well.
This post is a little introduction to my study of Shari’ah in Israel, and I hope there will come many more posts. From what I have read so far it really seems like an interesting subject, not only because it’s about Isreal and Shari’ah (in context of each other), but also because it raises some interesting thoughts on the relation between religion and a/the secular society it exists within. What is the role of religion in a modern society? Where should the borders go, if there should be any at all? Is it possible to implement religious law into secular law? And so on.
Enough for this time. Take care out there.
The finals for this semester are closing in, and it provokes the inevitable question: What am I going to write about in my assignments?
This summer will present me for five finals, which all need a written assignment, one of them being a seminar paper, so there will be a lot of writing, which is fine, I do love to write, but it also takes a lot of extra reading. Nothing to do about that, besides to read.
What is nice about this semester, contrary to the last, is that I have more freedom to choose subjects, so the subjects will be more interesting for me. Anyway, as far as I have decided the subjects I am going to write about are:
The Use of Quranic Verses in Umayyad Architecture: In the course Archaeology and History of Muslim Jerusalem I have been wondering where to put my focus. Since the course mostly focused on the archaeology, and not so much in the history (well, it is part of it), I wondered how to combine it with my study of religion. My decision fell on the use of Quranic verses, which seems to be have very widespread during the Umayyad Caliphate, e.g. in the Dome of the Rock, so I thought that it could be interesting to see how the Quran was used as part of architecture and whether it was meant as some sort of educational tool, as was the case with other expressions of thought, e.g. in mosaics.
Christian Thought on Free Will: In the Early Christianity and Late Antiquity we have dealt most of this semester with studies on Augustine. In one of the classes we dealt with another Christian and contemporary of Augustine, Pelagius, who did provoke some controversy, among other thing on the question of free will and original sin. I found the thought interesting, especially from a theological point of view. Do we really have free will? If not, is God then Just? And if so, is God then All Powerful? It’s going to be interesting to see what these two thinkers thought of it.
Abraham ibn ‘Ezra’s response to Muslim Polemical Arguments: In the Medieval Jewish Exegesis we have dealt with the commentaries and methodology of four great Jewish commentators from the medieval Western Europe, namely Rashi, his grandson Rashbam, Abraham ibn ‘Ezra, and RaMBaN. Since I am mostly focused in the meetings between Islam and Judaism, I have decided to focus on ibn ‘Ezra and possible answers against Muslim attacks on the Jewish faith. I have to admit that I’m not too sure whether he really did deal with it, so I might change focus to his answers to the Karaites instead, in order to keep my focus on the Muslim world.
The Jewish Convert’s Attack on Judaism, and the Jewish Thinker’s Responses: The Battle over the Bible has really been an interesting course, where I’ve learned a lot of new things concerning approaches to the Bible as text and as phenomenon, both concerning Jewish, Christian and Muslim attitudes. Especially one Muslim caught my attention, the 12th century Jewish convert, Samaw’el al-Maghrabi, who wrote a polemical work against the Jewish faith called Ifham al-Yahoud, Silencing the Jew. This work apparently did become rather known, since we see a lot of later responses to it. One who responded rather early is Maimonides, though not on all of the Ifham, and probably not directly on it either. In his Iggeret Teyman, Letter to Yemen, he responds on some of the claims which is being brought forth in the Ifham. It could be interesting to see how the two view the Bible, and how Samaw’el’s approach differ from earlier Muslim approaches to the Bible.
Jewish Influences on Early Islamic Jurisprudence: This is one I’m really looking forward to, and which I have spend a lot of time considering. In the Early Islamic Texts and the Formation of the Muslim Community I have chosen to write my first seminar paper. I did decide from the outset to focus on Islamic law, since I feel that there are a lot of similarities between law in Islam and in Judaism, both in rules but also in methodology and attitudes. It is going to be a challenging subject though, leaving me with four problems to choose between. The first is the obvious comparative study of Jewish and Islamic Jurisprudence, where I wondered about whether there are any Jewish influences in the way early Islamic scholars approached the deduction of laws. One reason why I think so is the contrast in method there existed between the two earliest schools of law in Islam, al-Maliki and al-Hanafi, the former being situated in Medina and Mecca, and traditionally focused on tradition, based on the logic that since the prophet lived there, then he would naturally correct people who did things incorrect as well as showing the people the correct ways, whereas the latter, situated in Iraq, was much more inclined to relate to logical reasoning, something they might have learned from the many great Jewish scholars which had their ancient dwelling there, namely in the old Babylon. It wouldn’t be totally weird for the early Muslims to have relations to the Jewish scholars of Iraq. This doesn’t mean that there was influences or that they were total in so far as there were. The problem is how to relate to the matter, do we choose to make an external or internal study, do we compare the apparent similarities or do we go in and focus on the approach and outlook.
The interest in this particular subject was raised by two articles, one by Judith Romney Wegner, “Islamic and Talmudic Jurisprudence: The Four Roots of Islamic Law and their Talmudic Counterparts,” and one by Joseph E. David, “Legal Comparability and Cultural Identity: The Case of Legal Reasoning in Jewish and Islamic Tradition.”
In Islamic Jurisprudence there are four sources traditionally, two revealed sources, Quran and the Sunnah of the prophet (as it is found in the Hadith-literature), as well as Ijma, which means consensus, as well as Qiyas, which means analogical reasoning. The two first sources are agreed upon a hundred percent by all four schools, where as the two latter sources are subject for discussions.
Wegner, in her article, argues that the four sources are influenced by Jewish sources in the Talmud, the Quran being the Islamic answer on the Written Torah, the Sunnah on Oral Torah (written down in what is called Mishnah, which root is close to the root of sunnah), the consensus of the Ulamah, the learned Islamic scholars, being the Islamic answer on the consensus of the Sages, and Qiyas, legal reasoning being the answer on the Talmudic reasoning, two forms of reasoning which seem pretty similar, at least from an external point of view. And it is here where David comes in with his article, where he deals with different approaches to the comparative study, attempting to present a new approach, “jurisprudential consciousness”, based on the conscious ideas, principles, concepts, beliefs and reasoning of the jurist, which contrary to Wegner’s approach is a much more internal approach, leaving a different impression than the first.
An example is in its place, taken from David’s article. In both the Talmudic reasoning as well as in Islamic reasoning there is an understanding of judicial error, that is, a judge who makes a faulty decision. There are two categories under this subject, those faults which are based on lack of knowledge or understanding of the revealed sources, and those which is caused by flawed legal reasoning. In both Judaism and Islam the former has to be corrected, whereas the latter is accepted. And in both religions the former is based on precisely the same criteria, going against the revealed sources (in Judaism the Written and the Oral Torah, and in Islam the Quran and the Sunnah), where is the criteria differs in the latter case. In the Talmud the flaw based on legal reasoning is based on the wrong choice of two differing opinions, which have never been dealt with. It can be the case of two Tannaim (Mishnaic Sages) or two Amoraim (later Sages from the Gemarrah) who have a disagreement which was never solved. A later judge might then base his decision on one of the two opinions, whereas the general practice follows the other opinion. It is a fault, since he should have followed the normal practice, but it is still accepted. In case of Islamic thought, at least according to Shafi’i, the fault is caused based on flawed legal reasoning based on the principle of qiyas, analogy, not on the judge deciding the wrong of two differing opinions. And here we see a contrast between Jewish and Islamic legal reasoning.
But this is only the first of the four possible problems I might choose among. That is, how much similarity or difference are there between Jewish and Islamic legal thought, and can this be a sign of Jewish influence on early Islamic legal thought? The next problem is to establish connections. Namely, are there any Jewish converts who had influence on early Islamic law? If not, can we then assume that early Muslim legal scholars met with Jewish scholars and discussed with them? That is also an interesting question, a question which demands a different approach, focusing on historic accounts on interfaith meetings between Jews and Muslims within the first centuries of Islamic time.
The third question deals with the reasoning and methods of the “ahl al-ra’y,” the people of reasoning, the early Islamic scholars in Iraq, an important step in understanding the way the resonated in their dealing with legal questions. The reason for the importance of this, is obvious. If Shafi’i, a third century AH Islamic scholar, can be said to be influenced by Jewish thought, whereas the earlier Islamic scholar in Iraq differ strongly, then the question is how much Jewish legal thought influenced Islamic legal thought, and if at all.
The fourth problem is the already mentioned difference in approach found in the Meccan-Medinan legal thought, as expressed by imam al-Maliki, and the Iraqi legal thought, expressed by imam abu Hanifa, and their disciples. There are differences and the root and cause of these differences can be hinting to some Jewish influences on the one of them, so far as we can point to any similarity in the legal thought of the two religions.
My problem is to choose only one of these for problems, not having room or time enough to deal seriously with all of them. And I am in doubt which one of them to focus on.
So, there you are. This is my program for next two months. I’m looking forward to share thoughts and progress with you.
It’s been more than a week since my last post. I’m sorry, but I simply have been too preoccupied with things connected to my studies and private life. I’m still alive though, B”H.
Anyway. After this Shabbat I could turn on the computer to two news which made me feel a little, well, confused in feelings.
The first one, and I choose on purpose to talk about the negative one first, rather want to end in the positive, is about a group of racist Jews feeling that it’s their right to let our their frustrations on others, who are attempting to build something constructive. In Israel, between Jerusalem and Tel Aviv-Jaffo, there’s a small village called Neve Shalom/Wahat al-Salâm, which has as its mission to encourage coexistence, and it indeed has a mixed population of Arabs and Jews.
The night to Friday some idiots decided to let out their frustration of what is going on with Ulpana (an illegal settlement decided to be removed) on these people, who have nothing whatsoever to do with that decision. Not that that worries these idiots much, they are controlled by hatred to anything which is seen as being opposed to their goals. They present the worst of Israel, showing contempt for innocent, for positive attitudes, for the dreams and hopes of people, only considering what they feel is “right.” They don’t like you if you’re not a Jew, and they don’t like you even if you’re a Jew and you’re not a hundred and ten percent on their side.
It pisses me off. All this “price tag”-shtuyot is, well, shtuyot (bullshit, sorry), only intended to destroy everything for people who are seen as “enemies,” whether they have anything to do with these people or not. They are going after the innocent. And it pisses me off. That people who are claiming to be righteous in their approach to thing, can act so unjustly, and then claiming Judaism as the morality for acting such, is despicable, and these people doing this are simple criminals.
On the other hand I could also open the computer to a story about Israeli doctors treating wounded and sick Syrian civilians on the Turkish-Syrian border, knowing that they probably won’t be shown any gratitude for this act, knowing that most of the people they are treating them, probably hate them. But yet they do it. Not to gain from it, but only to give.
This is Israel. Hatred and caring, destroying and sacrificing. And it sometimes leaves me confused.
And this is actually positive news. No, I haven’t suddenly turned extremist, what I’m referring to is a friendly match between settlers from Beit Aryah and Palestinian residents from the neighboring city of al-Laban, who celebrated a new soccer field with a friendly match. Here’s the good news: the settlers beat the Palestinians 11 to 0! Yeah! No, as one of the Palestinians said, “this is for fun, for sport and for friendship,” and that is good news.
Sure, the conflict is still on, the situation hasn’t suddenly changed 180 degrees, people in Israel still have to fear terror and Palestinians are still living under occupation, but that settlers and Palestinians are showing more and more signs on wanting to exist together, is definitely something that points in the right direction. So for me, at least, this is great news and it is yet one of those positive stories, which also takes place down here.
Read more here.
I have earlier talked a little about why I chose to study religion, but the other day I was asked why I chose to focus on law in religion. What is it about law, which triggers me, makes me aware, makes me want to understand the finesses and theories, which by others would be considered way too boring or abstract to even begin considering it? Well, it’s a little complicated to explain, but I will give a try anyway. But first I need to correct something I wrote in the before mentioned post on why I chose to study Comparative Religion. There I wrote that I would be focusing on the role of the woman in Israel, something which has changed. Or actually, I returned to my first focus though I at the time wasn’t so sure that that was my focus. What I want to say is that my focus is going to be on the mutual attitudes between Jews and Muslims, especially in the context of religion in Israel.
But there’s more to it than that. During my under-graduate studies I took my minor in cultural studies, where identity and the thought on identity preoccupied my quite a lot. It still does. The whole question of how we identify ourselves and what influences this really talks to me, I find it fascinating. Not only that, how do we relate to each other based on that, is also something which, I think, is of crucial importance.
Law and religion is two very strong identity markers, each in its own way. Religion as deciding on identity is obvious, people normally identify themselves according to what they believe, in some cases according to what they think they believe, as well as relating themselves to those who share their beliefs. Law is different; law is more of a deciding factor in how you are identified by those deciding the law. Law doesn’t care much about feelings, only facts (true, those deciding the laws might pay attention to feelings, but they will still have to establish a structured defining system, otherwise making the law too vague to decide anything). But law can also be influenced by those following it or relating to it, by whether they accept it at all (or have to be forced to it) or choose to relate to another system of laws instead. And what will happen in that case?
I’ve downloaded the introduction to a book called “Law and Identity in Mandate Palestine,” written by Assaf Likhovski, which deals a lot with what I’m focusing on, though not so much from the perspective of religion. Likhovski writes about his book that it “is a book about the role of law in defining the self and the collective, in balancing tradition and modernity, Western and non-Western norms. Every non-Western culture confronts this problem, which also constitutes one of the main issues in the momentous conflict between Islam and the West that is now unfolding before our eyes. In this battle, law plays an important role. It serves as a banner under which combatants fight, a weapon for overcoming enemies, a middle ground for meeting them. Law also defines the nature of the participants in the conflict.”
Law is definitely defining for identity, especially in relation to who is among “us” and who isn’t. Everyone the law grants rights and citizenship is per definition one of “us,” everybody isn’t granted this is not. And law is used in this perspective as a weapon, everybody with just the faintest knowledge of the right of return here in Israel, should be aware about that.
Likhovski later relates to the status of the whole matter of identity in then Palestine, and how it was without any clear form:
“Another singular aspect of the country was the unstable identity of its inhabitants. Many twentieth-century societies witnessed a process of identity transformation— the rejection of traditional identities based on religious or tribal loyalty and their replacement by modern national identities. But in mandate Palestine, the process of identity transformation was especially evident. Here Muslim and Christian politicians were engaged in constructing a new Arab identity following the disintegration of the Ottoman Empire after World War I. Zionist Jews were busy creating a novel “Hebrew” self, purged of the marks of the Jewish exile. Even British rulers were occupied with reexamining the foundations of their imperialism in response to the challenges posed by the interwar era.”
I believe we still struggle with the problem down here even today. I can point to a couple of examples on the struggle between identities, for example Israeli vs. Jewish, Palestinian vs. Israeli, Arab vs. Palestinian, all being dealt with in extensive discussions. For example, according to the law on Right of Return every Jew, descendant of a Jew, or spouse of a Jew, has the right of return to Israel, becoming a “Oleh Hadash.” There are some exceptions and details influencing the final decision on whether one is allowed in or not, but all in all the law is rather clear. Or actually it isn’t. The problem is who is a “Jew,” a question which has been discussed for millennia (just see the Biblical account on the ‘Yehudim’ vs. the Samarians in the Book of Ezra and Nehamyah), and today is the cause of great fights between various Jewish groups, particular between the Reform movement in the States and Orthodox Rabbinate in Israel. Here a secular law is suddenly being caught up in the discussion of a religious law and how it should be deciding in favor to or against a defined group of participants. The problem is not so much on those descendants from Jews, being for sure Jews, but rather those who convert within the Reform movement and as such will not be recognized as Jews by the Orthodox Rabbinate.
Another example, to stay here in Israel, is the one of being Palestinian and/or Israeli. How are Palestinians defining themselves here in Israel? The vast majority of them do define themselves as Palestinian, though some refuse to define themselves this way, but rather prefer to describe themselves as Israeli Arabs. Some define themselves as Israeli Palestinians, but still, most define themselves as Palestinians with Israeli citizenship, or so it is my experience. But it doesn’t stop there, this is only a question of nationality and belonging to either or both nationalities (Palestinian and Israeli), another question appears when we deal with religion, having most Palestinians in Israel being Muslim, but a large majority being Christian, and the religious definition is important, and can be of crucial matter, also in comparison on whether one first define him or herself as Muslim or Palestinian. This is a matter which can cause conflict between the Islamic movements and the nationalist movements. Take an example as Hizb ut-Tahrir, which calls for a Caliphate, not a Palestinian state (since that would be a national state based on Western ideas and as such against Islam), and how their expectations would clash with the nationalist expectations of the more secular Palestinian movements (or maybe even other Islamist movements not sharing the same expectations).
In the meeting between religion and the secular society, especially in the question of law, insights and understandings of how identity is defined, as well as the flexibility and demands of the religion is extremely important. Does the religion demand total loyalty, denying any acceptance of other authorities besides its own authority? How does it allow to rule on behalf of it? How are we dealing with conflicting identities and definitions of identities? Those questions are among the questions I hope to deal with, because in a country like Israel these questions are important to answer, in order to understand the relations and mutual attitudes between Jews and Muslims of today. And that is why I’m focusing on law in the two religions. Among some other reason as well.
Tomorrow it’s the 15th of May 2012. This day marks the 64th year after what is known as yom an-Nakba among Palestinians. Nakba is Arabic for ‘catastrophe’ and relates to the several hundred of thousands of Palestinians, who had to leave their homes when the war between the Arab alliance and Israel broke out, a war which was the result of Israel’s independence just the day before. It is a day which marks the tragic destiny for more than 700,000 Palestinians, and a day which coincides with a day, which for the majority of the Israelis, is a day of joy, namely the Israeli Independence Day, Yom Ha’Atzmaut.
In Israel Yom Ha’Atzmaut is celebrated all over the nation with barbeques, parties, and concerts. Yom an-Nakba is not, it shouldn’t be, it’s a day of mourning, but it’s not even commemorated. Okay, one could understand that, it’s part of the Palestinian narrative, not the Israeli, but the Israeli Palestinians are not even allowed to commemorate the day. I find it criticizable.
I am a Zionist, a Jew, married to an Israeli, and living in Israel. I do celebrate Yom Ha’Atzmaut, as well as I commemorate the fallen Israeli soldier, who gave their lives protecting the country. I do doubt some versions of what happened during the independence war with the Arab armies, but I know that at least part of the Palestinians leaving their homes were forced to do it by Israeli soldiers, that is – or should be – beyond doubt. There are a lot of discussions surrounding the war. Who were really the evil ones, who did the greatest atrocities, did the Palestinians leave freely, and so on. But those are for the historians to discuss, and while many people choose to be one-sided, only relying on those historians who give the account which fits their narrative, I try to be objective, or at least as objective as I can.
That aside, discussion aside, no matter how big a role Israel played in this, no matter how many Palestinians left of their own will, we still witness the consequences of the war (and the later war in 1967), having millions of Palestinians still living in refugee camps, under terrible conditions. True, some camps are more reminding of cities today, but that doesn’t go for all of them, probably only few of them. I wouldn’t like to live in them, and I bet that most would agree with me that no one deserves to live in them. I don’t blame Israel for this, at least not alone or totally. Many refugee camps are either found in Lebanon, Syria, or Jordan, and while Jordanese Palestinians, I think, have somewhat normal lives, that’s not the situation for the Lebanese or Syrian Palestinians. It actually doesn’t matter much who is to blame, that won’t change their situation.
I can’t do anything personally, besides raise awareness of the situation millions of people are living in. I can do that without blaming people, I can do that in order to change that situation for the better. True, there are people out there who live even worse lives, but the Palestinians are part of my destiny, as a Jew living in Israel. And – again – though I do celebrate the day Israel came into existence, no matter how much or little I might agree or disagree with various Israeli policies, I do mourn the sacrifices which had to be given for this. I do mourn that we, 64 years after the establishment of Israel, still have to live and experience the consequences of war.
I can’t change their situation, but I can raise awareness of it. And I won’t tell Israel to solve it, not alone at least, nor to take blame, not all at least. But at least allow people to mourn. At least that.
 These days rarely fall next after each other today, since Israel is following the Jewish calendar, which is a lunar calendar, whereas the date for the Nakba-day follow the Western solar calendar.
Some time ago I wrote some thoughts on the being pro- or anti-something. Often when we are dealing with various conflicts people are either found pro- the one side or anti- the other side. We see it in the debate in Europe about Islam and Muslims, where people are either taking the side for or against, mostly. Not very many are attempting to stay nuanced and balanced in their approach to European Muslims or Islam in Europe. The schism is focused around the meeting between Western Culture on the one hand, and Islamic Civilization (as I’ve seen it expressed) on the other hand. In this meeting the contrasts are very outspoken, for example in issues such as freedom of speech vs. not making blasphemous and hurtful comments, as well as the way of dressing, dressing sexual provocative vs. covering up in hijab and the like. Another good example is the Israeli-Palestinian conflict, where people are often either for Israel or for Palestine. Or that is how it appears. I’m inclined to think that there are a lot of people who are pro-Israel/anti-Palestine, as well as a lot of people who are anti-Israel, without necessarily being pro-Palestine. Why? Well, when the whole focus is on how bad Israel is, without thinking in wider terms of circumstances of the Palestinians, such as in Lebanon, Syria and other countries, while the whole focus is on how evil Israel is, then people don’t come out as pro-Palestinian to me, but rather anti-Israel. Their focus is Israel, not Palestinians, and only in the negative. For example, why don’t you see these people promote Palestinian culture? Or struggling for the rights of Palestinians in for example Lebanon? Because their focus is against Israel, not for Palestinians. The only reason they are “for Palestinians” is mostly because the Palestinian is used as the opposition to Israel. Sadly.
Okay, why am I stating all this, and what does that have to do with my title? Well, once in a while I do come across a true pro-Palestinian person or approach. I admire the few who take this approach, wanting to represent the Palestinians for their best. Maha, who has a Youtube-channel, where she teaches Arabic (as well as Italian and Hebrew once in a while), is one of these persons. I believe that we would come a long way, if only more people would take her approach, attempting to show the best, especially if it happened on both “sides.” We don’t need haters, we need lovers. Not necessarily lovers of both sides, but at least people who love their own side, without having to succumb to hatred for the other side.
I have to point out, and apologize to Maha in advance if it is going to be the case, that she hasn’t herself expressed any of the above views, those views and thoughts are mine or based on how I understand and experience things. I don’t want to catch her in a political fight, I’m not aware of her political views, the sole reason for promoting her, is that she – for me – come out as a positive example, that more people should strive to become like. She might hate Israel and Israelis from all of her heart (I don’t think so), but if so she has chosen not to let that be what defines her, rather her love for the Arabic language, Palestine and Palestinian culture. Whether I agree with her or not, I truly do respect that.
So, all of you out there reading this, please check her channel out, especially if you want to learn Arabic and how Palestinians also can express themselves. It’s definitely a visit worth.