Analysis from Israel

The ban on wearing burkinis at the beach, which was recently enacted by some 30 French municipalities and even won support from French Prime Minister Manual Valls, was rightly deemed an unconstitutional infringement on several fundamental liberties by France’s highest court this weekend. Yet the French controversy highlights something about Israel that is too often overlooked: the degree to which being a Jewish state, far from undermining Israel’s democracy, actually reinforces it.

The burkini ban was enacted in explicit reaction to Islamist terror attacks in France and the concerns they have raised about the integration of the country’s Muslim minority. As Christian Estrosi, the deputy mayor of Nice, told the New York Times, these full-body swimsuits, worn mainly by religious Muslims, constitute “unacceptable provocations in the very particular context that our city is familiar with,” referring to a July 14 terror attack that killed 86 people.

Yet Israel has suffered far worse Islamist terror and over a far longer period of time. Terror attacks in France have killed 234 people over the last 18 months, according to one British newspaper’s tally. That is just over half the 452 Israelis killed by terror during the single worst year of the second intifada (2002). And since France’s population is 7.6 times the size of Israel’s, that means that as a proportion of the population, Israel’s losses during that one year–without even mentioning all its losses to terrorism in other years–were almost 15 times as large as France’s have been over the past 18 months.

Moreover, as a proportion of the total population, Israel’s Muslim community is much larger than that of France. Muslims comprise an estimated 7.5 percent of France’s population, but almost 20 percent of Israel’s population–and that’s counting only Israeli citizens and legal residents, i.e. the Muslims who would still be there even if Israel quit the West Bank tomorrow.

Finally, though Israel’s Muslim population has largely shunned terror, its leadership is actually far more radical than France’s Muslim leadership seems to be. Israeli Arab Knesset members openly back anti-Israel terror organizations, actively incite to anti-Israel terror, and tirelessly libel Israel overseas. The head of one of the country’s largest nongovernmental Muslim groups–Raed Salah, leader of the Islamic Movement’s northern branch, which has tens of thousands of supporters–routinely spews anti-Semitic blood libels such as accusing Jews of baking matzo with Christian blood. And all that is without even mentioning the Palestinian leadership in the territories, where both the main political parties, Fatah and Hamas, routinely deem killing Israelis to be their main accomplishment.

In other words, if any country were going to lash out in response to Islamist terror by restricting Muslims’ freedom to observe their religion in public, one would expect it to be Israel, not France. But in Israel, no one has ever even suggested banning burkinis. Nor has anyone ever suggested forbidding civil students or schoolgirls to wear headscarves, as stipulated by other French laws that the courts have upheld. Nor has anyone ever suggested barring mosques from building minarets–a law approved by popular referendum in Switzerland, even though that country has so far had no Islamic terror problem at all.

Clearly, Israel’s religious tolerance can’t be attributed solely to its democratic norms. After all, France and Switzerland have impeccable democratic credentials, but that hasn’t stopped either from passing anti-Muslim laws. Nor is it because Israeli Arabs are a powerful enough minority to prevent such legislation: Arab Knesset members’ anti-Israel positions make them unacceptable as coalition partners in any government, and they would actually have no power to block anything the coalition majority wanted to pass. And it certainly isn’t because Israelis are saints who remain serenely forgiving of Arab terror and anti-Israel incitement; there’s plenty of anti-Arab sentiment in Israel.

Rather, the main reason why Israel never has and never would consider legislation like France’s bans on burkinis and headscarves is precisely because it is a Jewish state. In other words, it was created to take Jewish interests into account, and those interests include the freedom to observe traditional Jewish praxis. But the moment a democratic country starts making allowances for one religion’s traditions, those allowances inevitably spill over to other religions as well.

For instance, Israel could never ban headscarves in the civil service, because religious Jewish women also wear head coverings. It could never ban modest swimwear because religious Jews also insist on modest clothing. It could never ban minarets because the analogy to banning synagogues would be all too apparent. In contrast, France and Switzerland can do all those things, because they have no interest in accommodating any religion in the public square.

In short, Israel’s identity as both a Jewish and a democratic state is the main reason why Islamist terror has never prompted the kind of anti-Muslim legislation that it has in secular democratic France. So the next time someone tells you Israel’s Jewish identity is inherently at odds with its democratic identity, remember the burkini. And remember that sometimes, Israel’s Jewish identity is precisely what protects its democratic one.

Originally published in Commentary on August 29, 2016

3 Responses to Burkini Bans and Jewish Democracy

  • Gary Rose says:

    This is highly debatable. One argument for banning the burkini is that many Muslims themselves associate the puritanical dress codes of Islam with the oppression of women, an oppression that for them nullifies the argument that hijabs and burkinis are just a choice.

    Symbols are powerful, and the more innocent a symbol appears the more it gains acceptance. What hijabs and burkinis represent is submission disguised as piety, which if treated innocently gives license to the unacceptable practices towards women within Islamic culture.

    I’m not in favour of any practice of any religion that treats women as though there is a requirement that they must dress or behave as men tell them they must. Those women who are culturally conditioned to believe they are making a choice do that at the expense of those who are forced to obey their husband, their family, and their community. Showing tolerance towards that is saying that is the price we have to pay for freedom. Some women pay a really terrible price so others can claim it is their choice.

    Should a secular society that believes in true equality for women, not the fictional equality within religion, just put on a happy face when some religious women claim they are choosing submission? How does that help the many who have no choice? I find it sad when liberals do not stand up for true liberty and freedom and argue that a women has a right to choose to fail her sisters in bondage in the name of “free choice”.

    But then again who am I to comment on freedom and equality for women? Burkinis support the view of many puritanical Islamic men, and perhaps I have it all wrong. Allah be praised.

  • Dina says:

    “because religious Jewish women also wear head coverings”

    Yes, and many Orthodox Jewish women even wear headscarves to cover their hair – these scarves just look a bit different than Islamic veils.

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Why the status quo is the least bad option for Palestinians

Even among people who recognize that Israeli-Palestinian peace is currently impossible, a growing number think that Israel must nevertheless quit the West Bank. Israel has a right to defend itself, their argument goes, but not by controlling another people for decades. Instead, it should withdraw to the “internationally recognized border” and protect itself from there, like other countries do.

Forget for a moment that the “internationally recognized border” is an arrant fiction. Forget as well that Israel remains in the West Bank precisely because defending itself from the 1949 armistice lines (the abovementioned fictional border) hasn’t worked very well in either the West Bank—from which Israel partially withdrew in the 1990s before returning the following decade—or the Gaza Strip.

That still leaves another uncomfortable fact: As long as genuine peace remains impossible, Israeli control of the West Bank, despite the undeniable hardships it causes Palestinians, remains the least bad alternative for the Palestinians themselves. As evidence, just compare the Israeli-controlled West Bank to Gaza, which has been free of both settlers and soldiers since August 2005. By almost any parameter, life in the former is far better.

Take, for instance, casualties. According to B’Tselem’s statistics, Israeli security forces killed 5,706 Palestinians in Gaza from September 2005 through August 2019. That’s almost eight times the 756 killed by Israeli security personnel and settlers combined in the West Bank during this period (no Gazans were killed by settlers since there are no settlers there).

Nor is this surprising. Israel’s control of the West Bank means that suspected terrorists can often be arrested rather than killed, though shootouts (with attendant collateral damage) do occur. But in Gaza, where Israel has no troops, it can’t arrest terrorists. Thus the only way to fight terror is through military action, which naturally produces many more casualties among both combatants and civilians.

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