Of the many freedoms guaranteed by the Declaration of Independence, the freedom to practice one's own religion and act according to one's own conscience are two of the most valued fundamentals of a democracy. The Jewish people, having suffered too many times at the hands of intolerant leaders in the countries in which they resided, inherently understand the importance of these individual freedoms.
The Declaration of Independence proclaims freedom of religion for all of the state's inhabitants. Accordingly, each religious community is free, by law and in practice, to exercise its faith, observe its holidays and weekly day of rest and to administer its internal affairs. Each has its own religious council and courts, recognized by law and with jurisdiction over all religious affairs and matters of personal status, such as marriage and divorce. Each has its own unique places of worship, with traditional rituals and special architectural features developed over the centuries.
The right to these freedoms is best described by Israel's Supreme Court:
"Every person in Israel enjoys freedom of conscience, of belief, of religion, and of worship. This freedom is guaranteed to every person in every enlightened, democratic regime, and therefore it is guaranteed to every person in Israel. It is one of the fundamental principles upon which the State of Israel is based. This freedom is partly based on Article 83 of the Palestine Order in Council of 1922, and partly it is one of those fundamental rights that 'are not written in the book' but derive directly from the nature of our state as a peace-loving, democratic state."1
"On the basis of the rules and in accordance with the Declaration of Independence every law and every power will be interpreted as recognizing freedom of conscience, of belief, of religion, and of worship."2
Israel protects the freedom of Jews and non-Jews alike to engage in their chosen form of religious practice or worship. Likewise, in most cases, the institutions of the state recognize religious precepts, such as the prohibition of work on religious days of rest, and do not compel Jews or non-Jews to violate the doctrines of their chosen faith.
Each holy site and shrine is administered by its own religious authority, and freedom of access and worship is assured by law. For example, the Kotel, the Western Wall, which is the last remnant of the retaining wall of the Second Temple in Jerusalem, is administered by the State of Israel, while the Dome of the Rock and Al-Aksa Mosque, located directly on the Temple Mount above the Kotel, is under the authority of the Jordanian Wakf. Christian authorities administer and maintain the Via Dolorosa, Room of the Last Supper, and other churches including the Church of the Annunciation (in Nazareth). Among others, Druze, Bahai, Samaritan and Karaite holy places and shrines are protected as well.
Since Israel's stated purpose is to serve primarily as the homeland of the Jewish people, much debate has been sparked over the role religion should play in the establishment of the policies and laws of the state. Israel, as a democracy, is committed to upholding the basic liberties afforded by such a political system, but, as a state with a clear Jewish heritage, struggles to retain its unique character drawn heavily from Jewish sources.
Although Israel does not have any one recognized religion, there is no clear separation of religion and state. One of the greatest sources of friction in Israeli society is the dissension between the orthodox and secular sectors regarding the extent of imposition of religious norms and restrictions on all Jews, regardless of their level of religious observance. Issues such as the definition of a Jew entitled to citizenship under the Law of Return, exclusive application of religious law in personal law, and state financing of religious schools, are examples of the involvement of religion in Israel's state affairs.
Due to the particular nature of Israel's political system, no party has ever obtained the necessary majority to win a majority of Knesset seats, thereby necessitating the formation of coalition governments. As a result, the religious parties condition their inclusion in the government on all types of religious-based legislation or policy making. This type of intervention is a source of tension between the secular and religious elements of society.
The seemingly dichotomous nature of a Jewish democratic state is only gradually being resolved through interpretation by the courts of the Basic Laws, and by demands of the secular political parties to change the status quo regarding matters of religion and state that Israel had accepted in past decades.
1. Justice Landau in H.C. 243/62 Filming Studios in Israel Ltd. V. Guery et al., 16 P.D. 2407.
2. Justice Zamir in H.C. 7128/96, Movement of the Faithful of the Temple Mount et al. v. Government of Israel et al., 97(1) Takdin-Elyon 480.
The Western Wall, one of the holiest Jewish sites below the Dome of the Rock, a site holy to Moslems
(Photo: Israel Ministry of Foreign Affairs)Church of the Holy Sepulchre in Jerusalem(Photo: Israel Ministry of Foreign Affairs)