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Several Notes of the Legal Position of the Arabic Minority in Israel

Publication at Faculty of Law |
2014

Abstract

The Arabic minority creates about 20.5% of the population of today's Israel. Although the Arabic minority is defined primarily by its language, religious aspects should be considered, i.e. non-Jewish religion.

The Arabic minority is subdivided into Muslims, Druze and Christians. Due to its historical and political background the Arabic minority has been trying to establish itself within the Israeli society, which appears to be a difficult task.

Political and war events caused that this minority has been frequently seen as a potential security risk endangering the mere existence of the State of Israel. Legislation of Israel, being both a democratic and Jewish state, shows certain specificity.

On the one hand, there are laws ensuring equal position of all citizens, on the other, however, there are laws preferring one group of population over another. Besides unequal treatment of men and women for example in divorce, or the emphasis on the role of orthodox Judaism, there are laws reflecting the Jewish character of the state; because they apply just to one group of population (although creating the majority) they are often subject to criticism due to its exclusivity.

This applies particularly to the Law of Return 1950, or the Jewish Agency Law 1952, which is the law providing for the statutes of the World Zionist Organization. Other discriminatory laws are the Property Absentees' Law 1950 or the Israel Administration Law 1960, providing for Israeli land administration.