understanding politics, considerations

Religious Law


January 8th, 2010 · Business, Economics, and Finance, Christianity, Iran, Islam, Israel and the Middle East, Judaism, Law and Legal Affairs, Religion, World Affairs

religious lawJERUSALEM — The oppo­si­tion move­ment in Iran now has a reli­gious dimension:

The deci­sion to defrock a dis­si­dent aya­tol­lah – widely con­sid­ered to wear the man­tle of spir­i­tual leader of the oppo­si­tion – has pried open con­flicts within the Islamic Republic’s reli­gious core.

The Qom The­o­log­i­cal Lec­tur­ers Asso­ci­a­tion, a regime-aligned group­ing of cler­ics, man­dated Sat­ur­day that Aya­tol­lah Yusuf Sanei’s edicts are no longer reli­giously bind­ing. The rul­ing was furi­ously dis­puted by the rival Asso­ci­a­tion of the Lec­tur­ers and Schol­ars of Qom The­o­log­i­cal Sem­i­nary and the Asso­ci­a­tion of Com­bat­ant Clerics.

It’ll be tough work [defrock­ing Sanei],” says Nicola Pedde, direc­tor of the Rome-based Insti­tute for Global Stud­ies and a fre­quent vis­i­tor to Iran. “It’ll pro­voke a mas­sive move­ment from the cler­i­cal side and, pos­si­bly, totally and com­pletely reli­giously dele­git­imize the regime.”

In a recent post, I wrote that I would like to see the State of Israel bound — in some capac­ity — by Jew­ish law. Now, this recent event in Iran com­bined with a related inci­dent here in the Holy City have caused me to doubt my ear­lier belief:

A woman who boarded a bus des­ig­nated for reli­gious pas­sen­gers sprayed tear gas at an Ortho­dox man who demanded she move to the rear sec­tion last week in Ashdod.

The inci­dent began on Fri­day, when an 18-year-old Ortho­dox man noticed the woman, 60, sit­ting at the front of the bus on a route on which men and women are seg­re­gated for pur­poses of reli­gious modesty.

The man objected to the woman’s seat­ing loca­tion, and asked her to move to the back, police said, but she refused to budge.

The exchange quickly esca­lated into a con­fronta­tion, police said.

It is quite easy — I must admit — to wish for a soci­ety or gov­ern­ment run accord­ing to a par­tic­u­lar reli­gion. How­ever, this might be an ide­al­is­tic goal that is impos­si­ble in a world that is com­prised of humans, with all their real­is­tic faults and frailties.

A set of gen­eral beliefs, prac­tices, and rev­e­la­tions, it could be argued, come from God. How­ever, reli­gion — the practical-and-worldly imple­men­ta­tion of those beliefs and rev­e­la­tions — comes from humans. And humans are wont to dis­agree. Much of the his­tory of Chris­tian­ity, Judaism, and Islam is com­prised of var­i­ous sects, denom­i­na­tions, and move­ments inter­pret­ing the beliefs and rev­e­la­tions dif­fer­ently and even fight­ing vio­lently over them.

In the Iran­ian exam­ple, the coun­try is pur­port­edly an Islamic state. But under whose Islam? For exam­ple, the Islam of the Sufi sect and that of Osama bin Laden are dif­fer­ent, to say the least. Even if we dis­re­gard the obvi­ous, polit­i­cal moti­va­tions of the government’s “defrock­ing” — I thought that was only a term in Roman Catholi­cism — of Sanei, it is still a real­is­tic sit­u­a­tion for a reli­gious gov­ern­ment to con­demn its the­o­log­i­cal detrac­tors. Since no one has a monop­oly on Islam — or any other reli­gion, for that mat­ter — is it even pos­si­ble to have a straight theoc­racy? Or is it merely pol­i­tics by another name?

Now, for the Israeli exam­ple with the woman on the ultra-Orthodox bus. Sup­port­ers of a Jew­ish state run under Jew­ish law, of course, insist that the gov­ern­ment or soci­ety func­tion as Ortho­dox Judaism inter­prets reli­gious law. But what most most peo­ple do not real­ize is that there is a wide spec­trum of debate within Ortho­dox Judaism from left-wing mod­ern Ortho­dox to right-wing mod­ern Ortho­dox to mod­ern ultra-Orthodox and tra­di­tional haredi.

Since I am most famil­iar with Judaism and Israel, I will give an exam­ple in this con­text. Ortho­dox Jew­ish law has much to say on “mod­est dress” for women, but there is a vast, gray area. The bare min­i­mum is that women must have:

  • Arms cov­ered at least to the shoulders;
  • Legs cov­ered at least to the knees; and
  • The upper-body com­pletely cov­ered from the waist to the base of the neckline.

Jews in the left-wing-modern-Orthodox camp believe that it is accept­able for women to wear pants since they cover down to the knees as well as T-shirts since they cover the bare min­i­mum of the upper-body. How­ever, Jews fur­ther to the right believe that pants and T-shirts are not mod­est because they still reveal the curves of the female body. Instead of pants, they encour­age skirts that go at least to the knees; instead of T-shirts, they want loose-fitting tops that extend past the elbows. At the far-right end of the spec­trum, the haredim (ultra-Orthodox Jews) man­date skirts that flow down to the ground and sleeves that go to the wrist. And almost all cloth­ing must be black or a similarly-dark color because bright col­ors attract attention.

In the case of seg­re­gated buses, the issue is sim­i­larly com­pli­cated. Jew­ish law does not pro­hibit men and women from sit­ting next to each other on buses. In fact, an Ortho­dox friend of mine met his future wife by strik­ing up a con­ver­sa­tion with the women sit­ting next to him. How­ever, the ultra-Orthodox take the prin­ci­ple of mod­esty — dis­cour­ag­ing inter­ac­tion between mem­bers of the oppo­site sex who are not mar­ried or related — to the fur­thest extreme pos­si­ble. So, although they are not man­dated to do so in Jew­ish law, they vol­un­tar­ily sep­a­rate them­selves — on pub­lic bus lines funded by the gov­ern­ment — anyway.

So, here is the point: If the State of Israel were ruled by Jew­ish law — whose law would it be? The mod­ern Ortho­dox on the left? The mod­ern Ortho­dox on the right? The ultra-Orthodox? What would a sup­posed “theoc­racy” actu­ally entail? The only answer must be that the Judaism that rules at a given time would be the Judaism as inter­preted by the polit­i­cal and reli­gious author­i­ties who are dom­i­nant at that time. And, in the end, that is not reli­gion — it is pol­i­tics by another name. Per­haps I need to retract my ear­lier post.