Religious coercion in Israel
Encyclopedia
Religious coercion
Religious coercion
Religious coercion it is the practice of forcing a religious norm on a whole public or on its parts, while violating the peoples freedom of religion or freedom from religion...

is the forced imposition of religious norms on the general public, or on parts pf the general population, while violating the freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...

 and freedom from religion of the general public or of the individual. In Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...

religious coercion mainly refers to the imposition of the Orthodox Jewish norms and decrees, which usually are not broadly acceptable amongst the majority Israeli secular population group
Hiloni
Hiloni , plural hilonim derived from the Hebrew word hulin, meaning secular or mundane, is the term used in Israel for non-religious Jews.As natives of Israel, hilonim speak Hebrew...

, on all or parts of general Israeli public, through legislation or other measures. After these legislations become state laws they require all or parts of the non-religious population groups in Israel to obey certain decrees of the Jewish religion. The religious population, however, argues that any legislation, draws its origins from the world view of the legislators, and that the religion by itself is not different from any other ideology.

The rejection of the religious coercion in Israel is one of the major agendas of the Israeli secular Zionist Shinui
Shinui
Shinui is a Zionist, secular and anti-clerical free market liberal party and political movement in Israel. The party twice became the third largest in the Knesset, but both occasions were followed by a split and collapse; in 1977 the party won 15 seats as part of the Democratic Movement for...

 party. Additional Israeli politicians have also emphasized the need to reject religious coercion are most notably the Knesset members Shulamit Aloni
Shulamit Aloni
Shulamit Aloni is an Israeli politician and left-wing activist. She is a prominent member of the Israeli peace camp, founded the Ratz party and was leader of the Meretz party and served as Minister of Education from 1992 to 1993.-Biography:...

 and Yossi Sarid
Yossi Sarid
Yossi Sarid is a left-wing Israeli news commentator and former politician. He served as a member of the Knesset for the Alignment, Ratz and Meretz between 1974 and 2006...

.

Separation of religion and state in Israel

The issue of separation of Religion and state in Israeli is very intricate and complex. By definition, Israel is a Jewish state - some say that this definition refers to Judaism as a religion as much as it refers to Jewish nationalism. The Law of Return, grants every Jew in the world the entitlement to immigrate to Israel, and the right to obtain citizenship on the basis of his or her Jewish origin.

There are many laws in Israel that rely on Judaism, including the system of rabbinical courts which functions under the law. All of these and more portray a country that has no separation between church and state. However, Israel has many Jewish people whom do not obey the decrees of Judaism, and there is also largely a policy of religious tolerance towards other religions. They are entitled to a vacation during their holidays, and the state does not prevent them from establishing religious public institutions such as a church and a mosque.

The issue of separation of church and state in Israel is in constant debate among Israelis: on the one hand, the secular population argues that they do not desire to practice Judaism, and it they believe that a modern democratic state should not force its citizens to observe outdated laws against their will. However, some Israelis argue that the separation of church and state would surly result in the loss of the Israel's character as a Jewish state. It should be noted too that some religious Israelis believe that there should be a separation between religion and state, and on the other hand many secular Israelis believe that there should not be a separation between religion and state.

Religious coercion and legislation

Some see part of religious legislation in Israel as religious coercion. Notable examples of this are:
  • Marriage and divorce: By law, all matters of marriage
    Marriage
    Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...

     and divorce
    Divorce
    Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...

     in Israel are conducted, according to the couple's religion, by the religious institutions of that specific religion. As a result of this legislation, Israeli Jewish couples are imposed to being married in an Orthodox Jewish ceremony, often in contrary to their worldview and values. In addition, spouses whom are not members of the same religion can not marry in Israel. Even when both partners are Jewish, there are situations in which they may not marry in Israel, due to various religious restrictions such such as the Halakhic prohibition of marrying a Kohen. To solve these problems, through many years different religious streams have proposed to establish civil marriage in Israel, but these proposals have not gone through the legislative process yet.

  • The prohibition of operating public transportation services on Sabath
    Sabath
    Sabath may refer to:* A. J. Sabath, former Commissioner of Labor and Workforce Development in New Jersey* Adolph J. Sabath , member of the U.S...

    :
    According to the Israeli traffic ordinance the Minister of Transportation must honor the Jewish traditions, as much as possible, when regarding the prohibition of public transportation on the Jewish religious holidays. As a result of this provision, it was determined in section 386A that the minister of transportation should not provide a license to operate a bus on Jewish holidays, except for cases where the service serves passengers going to a hospital, to a periphery village, to a village whose residents are not Jewish or if it is essential due to public safety reasons. In general, the existing public transport services in most of the Jewish sector is mostly limited on Saturdays.

  • Raising pigs prohibition act (חוק איסור גידול חזיר): This law imposes a national ban on the raising of pigs for the purpose of food consumption except for a small number of villages whom are allowed to do so by law.

  • Unleavened Bread Law (חוק חג המצות): This law states that during the Passover
    Passover
    Passover is a Jewish holiday and festival. It commemorates the story of the Exodus, in which the ancient Israelites were freed from slavery in Egypt...

     holiday business owners are not allowed to publicly display leavened products for sale or consumption in villages/cities where the majority of the residents are Jewish. The Minister of Justice has determined in the administrative regulations that in the case of a first offense of this law the offender would get a fine of 100 NIS and that in cases of repeat offenses the offender would pay double fines. The application of the law was imposed on the local authorities, and to this day only seven of them requested that the Ministry of Interior would authorize the use of inspectors during Passover to make sure that this law is enforced. In reality it has been proven through the years that the low fine does not deter the Israeli business owners whom want to sell leavened bread during the Jewish holidays, and that even when inspectors fine the offenders, in practice the law is not fully enforced. The ministers of the interior Ophir Pines-Paz
    Ophir Pines-Paz
    Ophir Pines-Paz is an Israeli former politician who served as Minister of Internal Affairs, Minister of Science, Culture & Sport and as a member of the Knesset for the Labor Party from 1996 until 2010.-Biography:...

     and Avraham Poraz
    Avraham Poraz
    Avraham Poraz is an Israeli lawyer and former politician.- Biography :Poraz was born in Bucharest, Romania in 1945 and immigrated to Israel in 1950...

     have previously even stated that they do not intend to enforce this law. Nevertheless, through the years about eight Israeli interior ministers whom belonged to the religious Shas
    Shas
    Shas is an ultra-orthodox religious political party in Israel, primarily representing Sephardic and Mizrahi Haredi Judaism.Shas was founded in 1984 by dissident members of the Ashkenazi dominated Agudat Israel, to represent the interests of religiously observant Sephardic and Mizrahi ...

     party have attempted to enforce this law strongly.

  • Jewish Religious Services Regulations (burial companies): According to these regulations, until 1996 Jewish burials were made possible only in a Jewish cemetery and by Chevra kadisha
    Chevra Kadisha
    A chevra kadisha is a loosely structured but generally closed organization of Jewish men and women who see to it that the bodies of Jews are prepared for burial according to Halacha and are protected from desecration, willful or not, until burial...

     burial companies only whom make sure that the bodies of Jews are prepared for burial according to Halacha. In 1996 the Knesset passed the Civil Right For Alternative Burials Act, which states that "Everyone has the right to be buried according to their preference in an alternative civilian cemetery if they choose to do so", although these conditions do not permit the cremation of Jewish people. In addition, it was determined that the state would establish alternative civilian cemeteries or assign areas for the purpose of alternative civilian burials in the existing cemeteries, and by doing so would provide a non-Orthodox burial for those whom desire it. Shortly thereafter the Minister of Religious Affairs ordered to build four civilian cemeteries in Israel: in Beersheba
    Beersheba
    Beersheba is the largest city in the Negev desert of southern Israel. Often referred to as the "Capital of the Negev", it is the seventh-largest city in Israel with a population of 194,300....

    , in Jerusalem, in Haifa
    Haifa
    Haifa is the largest city in northern Israel, and the third-largest city in the country, with a population of over 268,000. Another 300,000 people live in towns directly adjacent to the city including the cities of the Krayot, as well as, Tirat Carmel, Daliyat al-Karmel and Nesher...

     and in the central of Israel. The implementation of the decision took many years, and as of 2011 only three cemeteries in Israel provide alternative civilian burial: in Beersheba
    Beersheba
    Beersheba is the largest city in the Negev desert of southern Israel. Often referred to as the "Capital of the Negev", it is the seventh-largest city in Israel with a population of 194,300....

    , in Kfar Saba
    Kfar Saba
    Kfar Saba , officially Kfar Sava, is a city in the Sharon region, of the Center District of Israel. At the end of 2009, Kfar Saba had a total population of 83,600.-History:...

     and in Kiryat Tiv'on.

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