A halachic state ( he, מדינת הלכה, ''Medinat Halakha'') is a
Jewish state
In world politics, Jewish state is a characterization of Israel as the nation-state and sovereign homeland of the Jewish people.
Modern Israel came into existence on 14 May 1948 as a polity to serve as the homeland for the Jewish people. It ...
governed by ''
halakha
''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical commandm ...
'', Jewish religious law.
Public opinion
An opinion poll released in March 2016 by the
Pew Research Center
The Pew Research Center is a nonpartisan American think tank (referring to itself as a "fact tank") based in Washington, D.C.
It provides information on social issues, public opinion, and demographic trends shaping the United States and the w ...
found high support for a halachic state among religious
Israeli Jews
Israeli Jews or Jewish Israelis ( he, יהודים ישראלים, translit=Yehudim Yisraelim) are Israeli citizens and nationals who are Jewish through either their Jewish ethnicity and/or their adherence to Judaism. The term also includes ...
. The poll found that 86% of Israeli
Haredi Jews
Haredi Judaism ( he, ', ; also spelled ''Charedi'' in English; plural ''Haredim'' or ''Charedim'') consists of groups within Orthodox Judaism that are characterized by their strict adherence to ''halakha'' (Jewish law) and traditions, in oppos ...
and 69% of non-Haredi religious Jews support making halakha Israel's legal code while 57% of traditional Jews and 90% of secular Jews oppose such a move. At the time, the
Haredi
Haredi Judaism ( he, ', ; also spelled ''Charedi'' in English; plural ''Haredim'' or ''Charedim'') consists of groups within Orthodox Judaism that are characterized by their strict adherence to ''halakha'' (Jewish law) and traditions, in oppos ...
(ultra-orthodox Jews) constituted 8% of all Israelis, the
Dati
Religious Zionism ( he, צִיּוֹנוּת דָּתִית, translit. ''Tziyonut Datit'') is an ideology that combines Zionism and Orthodox Judaism. Its adherents are also referred to as ''Dati Leumi'' ( "National Religious"), and in Israel, the ...
(orthodox Jews) 10%, the
Masorti (traditional Jews) 23%, and the
Hiloni
''Hiloni'' ( he, חִלּוֹנִי), plural ''hilonim'' ( he, חִלּוֹנִים; "secular"), is a social category in Israel, designating the least religious segment among the Jewish public. The other three subgroups on the scale of Jewis ...
(secular Jews) 40%.
There was a majority agreement amongst all Israeli Jewish groups that
Israel
Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
could be both a
Jewish and democratic state
"Jewish and democratic state" is the Israeli legal definition of the nature and character of the State of Israel. The "Jewish" nature was first defined within the Israeli Declaration of Independence in May 1948 (see Jewish state and Jewish homela ...
.
When asked whether they would prefer democratic principles or halakha (religious law) if the two were ever in conflict, 62% of all Israeli Jews combined favoured democratic principles; however, preference for halakha was very high amongst the Haredim (89%), while very low amongst secular Jews (1%).
Support of Jewish religious leaders
Menachem Mendel Schneerson
Menachem Mendel Schneerson (Modern Hebrew: מנחם מענדל שניאורסון; old-fashioned spelling: מנחם מענדל שניאורסאהן; April 5, 1902 OS – June 12, 1994; AM 11 Nissan 5662 – 3 Tammuz 5754), known to man ...
advocated the transformation of Israel into a halachic state even before the Messiah comes.
Support of Knesset members and Israeli justices
In 2009, Justice Minister
Yaakov Neeman
Yaakov Neeman ( he, יעקב נאמן, 16 September 1939 – 1 January 2017) was an Israeli lawyer who also served as Minister of Justice and Minister of Finance.
Biography
Neeman was born to a religious Zionist family in Tel Aviv during the Ma ...
stated that "step by step, Torah law will become the binding law in the State of Israel. We have to reinstate the traditions of our forefathers, the teaching of the rabbis of the ages, because these offer a solution to all the issues we are dealing with today". He later retracted his statement.
According to 2002
Israel Prize
The Israel Prize ( he, פרס ישראל; ''pras israél'') is an award bestowed by the State of Israel, and regarded as the state's highest cultural honor.
History
The Israel Prize is awarded annually, on Israeli Independence Day, in a state cer ...
winner
Nahum Rakover
Nahum Rakover (Hebrew: נחום רקובר b. 13 November 1932), professor emeritus at Bar-Ilan University, is an Israeli former deputy attorney general.
Rakover is a leading researcher in the application of traditional Jewish rabbinic law to Isr ...
, who received the
Yakir Yerushalayim Yakir Yerushalayim ( he, יַקִּיר יְרוּשָׁלַיִם; en, Worthy Citizen of Jerusalem) is an annual citizenship prize in Jerusalem, inaugurated in 1967.
The prize is awarded annually by the municipality of the City of Jerusalem to o ...
prize for his research on the use of Jewish law in the legal system, Neeman's opinion was nothing new. He said that the idea is supported in the Foundations of Law Act, passed in 1980, which encourages judges to use Jewish law in their decisions.
Yitzhak Kahan
Yitzhak Kahan ( he, יצחק כהן; November 15, 1913 – April 24, 1985) was President of the Supreme Court of Israel from 1982 until 1983. He was the Chairman of the Commission of Inquiry into the Events at the Refugee Camps in Beirut also ...
, former president of the
Israeli Supreme Court
The Supreme Court (, ''Beit HaMishpat HaElyon''; ar, المحكمة العليا) is the Supreme court, highest court in Israel. It has ultimate appellate jurisdiction over all other courts, and in some cases original jurisdiction.
The Supreme C ...
, recommended that Jewish law be implemented even in cases of an existing precedent, although his opinion was not accepted and former justice ministers
Shmuel Tamir
Shmuel M. Tamir ( he, שמואל תמיר, born Shmuel Katznelson; 10 March 1923 – 29 June 1987) was a prominent Israeli independence fighter, lawyer, patriot and Knesset member. After a successful career fighting the British he entered the K ...
and
Moshe Nissim
Moshe Nissim ( he, משה נסים, born 10 April 1935) is a former Israeli politician, minister and Deputy leaders of Israel#Deputy Prime Minister, Deputy Prime Minister.
Biography
Moshe Nissim was born in Mandatory Palestine. He studied law at ...
advocated teaching judges and lawyers Jewish law to provide them with the necessary knowledge to implement the law.
In June 2019,
Tkuma leader
Bezalel Smotrich
Bezalel Yoel Smotrich (, born 27 February 1980) is an Israeli lawyer and far-right politician. The leader of the Religious Zionist Party, he previously served as a Knesset member for Yamina.
Biography
Bezalel Smotrich was born in Haspin, a re ...
campaigned for the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
, saying that he sought the portfolio to "restore the Torah justice system". Prime Minister
Benjamin Netanyahu
Benjamin "Bibi" Netanyahu (; ; born 21 October 1949) is an Israeli politician who served as the ninth prime minister of Israel from 1996 to 1999 and again from 2009 to 2021. He is currently serving as Leader of the Opposition and Chairman of ...
distanced himself from the comments and appointed openly gay MK
Amir Ohana
Amir Ohana ( he, אָמִיר אוֹחָנָה, born 15 March 1976) is an Israeli lawyer, former Shin Bet official and politician who currently serves a member of the Knesset for Likud. He previously held the posts of Minister of Justice and Mi ...
to the post.
National identity bill
In 2014,
Israel
Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
's cabinet advanced the
Nation-State Bill
Basic Law: Israel as the Nation-State of the Jewish People (), informally known as the Nation-State Bill () or the Nationality Bill, is an Israeli Basic Law which specifies the nature of the State of Israel as the nation-state of the Jewish ...
, which would define Israel as "the nation-state of the Jewish people" and also said that Jewish law would be a "source of inspiration" for the Knesset. This was seen by non-Orthodox Jews as a step toward enforcing Orthodox ''halakha'' as the law of the land.
However, the final version of the law did not include this proposed clause.
See also
*
Christian state
A Christian state is a country that recognizes a form of Christianity as its official religion and often has a state church (also called an established church), which is a Christian denomination that supports the government and is supported by ...
*
Islamic state
An Islamic state is a State (polity), state that has a form of government based on sharia, Islamic law (sharia). As a term, it has been used to describe various historical Polity, polities and theories of governance in the Islamic world. As a t ...
*
State of Judea
*
Theocracy
Theocracy is a form of government in which one or more deity, deities are recognized as supreme ruling authorities, giving divine guidance to human intermediaries who manage the government's daily affairs.
Etymology
The word theocracy origina ...
*
Theonomy
Theonomy, from ''theos'' (God) and ''nomos'' (law), is a hypothetical Christian form of government in which society is ruled by divine law. Theonomists hold that divine law, particularly the judicial laws of the Old Testament, should be observed ...
References
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Judaism and government
Kahanism
Land of Israel
Politics of Israel
Religious Zionism
Theocracy