Muslim Judge Khaled Kabub's Appointment As Supreme Court Judge in Israel Holds an Example for Islamic Countries

Muslim Judge Khaled Kabub's Appointment Has Brought Israel's Secular Judicial System To Light

Main Points:

1.    Quran asks Muslims to grant religious rights to all the People of the Book in their country.

2.    Israel is known and condemned for its atrocities against the Palestinians.

3.    Earlier another Muslim judge Abdul Rahman Zoemi had been appointed as the judge but that was for a temporary tenure of one year.

4.    Mr Khaled Kabub studied history, law and Islam in the Tel Aviv University

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By New Age Islam Staff Writer

23 February 2022

 

Israel on Monday named Khaled Kabub as its first Muslim judge to gain a permanent seat on the Supreme Court. PHOTO: TWITTER/@IsraelinGermany

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Israel is known and condemned all over the Muslim countries and also among just people in the world for its atrocities against the Palestinians. It is also known that Muslim citizens of Israel are also discriminated against by the authorities and right wing Zionists on the basis of their religious and ethnic identity as they are of Arab origin. This is why when a Muslim judge was appointed in the Supreme Court, the highest court of Israel, it made heads turn and evoked surprise.

Khaled Kabub, 63, an Arab Muslim was elected along with three other jurists as judge of the Supreme Court of Israel. He was elected by a committee comprising judges, ministers, legislators and lawyers. Importantly he is the first Muslim judge in the Supreme Court of Israel to fill the Arab- Israeli seat as a permanent judge. Earlier another Muslim judge Abdul Rahman Zoemi had been appointed as the judge but that was for a temporary tenure of one year. This is the first time that an Arab Muslim has filled the Arab- Israeli seat of the Supreme Court. All the earlier appointees to this seat were Arab Christians.

His appointment to this highest judicial position assumes significance in the context of Israel- Palestine conflict as many complaints of atrocities against Palestinians by the Israeli forces are registered for hearing in the Supreme Court. The case of Sheikh Jarrah where Muslims were forcefully evacuated after the verdict of a lower court was also heard in the Supreme Court. This demonstrates the secular and just attitude of the government of Israel towards the minorities despite all political and ethnic differences.

It is not that Mr Khaled's appointment was not opposed by Zionists and anti -Muslim lobbyists. Religious Zionist M K Simcha who is the member of the selection committee voted against his election and expressed frustration at the selection process. But then this is how a democratic country should work where all the points of view are allowed space.

Mr Khaled Kabub is one of the senior most judges in the country. He studied history, law and Islam in the Tel Aviv University and has worked as a judge in a lower court in Tel Aviv

This appointment has brought to fore the judicial system of Israel which can be a model for democratic countries, particularly Islamic countries and also for India where 14 per cent of the country is Muslim. In Israel the population of Muslims is 20 per cent

In Israel, apart from secular courts for common and secular issues, there are separate religious courts for all religious communities including for the majority Jewish community. The cases pertaining to marriage, divorce, religious disputes, and cases pertaining to disputes in religious bodies or religious leadership are dealt with by the religious courts. There are Jewish Courts, Shariah courts for Muslims and separate courts for Druze and Christians. Importantly there are separate courts for all the ten sects of Christians --- Greek Orthodox, Latin Catholic, Armenian Orthodox, Armenian Catholic, Syriac Catholic, Chaldean Catholic, Melkite Greek Catholic, Maronite Catholic, Syriac Orthodox and Evangelical Episcopean--- all recognised by the government. The judges for Sharia courts who are Muslims are elected by the government.

This in in consonance with the true spirit of Abrahamic religions because the followers of Abrahamic religions are considered by the Quran as believers in one God and Israeli Jews consider the Arab Muslims their cousins: Muslims are descendants of Prophet Ismail a.s, the brother of prophet Jacob a.s. This is why the Quran asks Muslims to grant religious rights to all the People of the Book in their country

"Say O People of the Book you are not on the right path until you establish Torah and the Gospel and what was revealed to you (prophet Mohammad pbuh)(Al Maidah:68)

This is because the holy Quran enjoins on Muslims to treat all the communities with justice despite differences:

"Indeed God loves those who do justice."(Hunurat: 9)

The Quran also says on two occasions that people's treatment of others should not be based on ethnic or political bias.

“Do not let the hatred of a people who once barred you from the Sacred mosque (Kaaba) provoke you to transgression. Co-operate with one another in goodness and righteousness and do not co-operate in sin and transgression. (Al Maida: 2)

"Do not let the hatred of a people lead you to injustice. Be just, that is closer to righteousness."(Al Maida: 8)

In the former verse, enmity on the basis of historical confrontation is discouraged and in the second verse enmity with any community on any contemporary social, political and ethnic basis is discouraged.

Therefore, the appointment of Mr Khaled Kabub as the judge of Supreme Court in a Jewish majority state and the entire judicial system of Israel is based on true Abrahamic spirit. At a time when Israel-Palestine conflict is at its peak and complaints of atrocities, persecution and injustice to Palestinians and Israeli Arab Muslims are dealt with by the Israeli Supreme court, the appointment of a Muslim judge in the highest seat assumes importance.

Secondly, provision of Shariah courts for all the majority and minority communities including Muslims in Israel may serve as an eye opener and a model for both Muslim and non-Muslim countries as the presence of Sharia courts is seen as an Islamisation of the judicial system of the country and as the dominance of Islamic community in the polity of the country or as minority appeasement in many countries.

It holds mirror before the Islamic countries as well who deprive the minorities within their land of their religious and cultural rights.

In short, Mr Kabub's appointment at the Supreme Court of Israel is commendable and must provide a moment of introspection to both Muslim and non-Muslim countries.This may provide Islamic nations a moment of introspection. It may also start debate in the presence of Sharia courts or religious courts for minorities in non-Muslim countries. It may start a new debate on whether such religious courts really disturb the constitutional fabric of self avowed secular nations or come under the religious rights of minorities. Do these religious courts parallel to the secular judicial system constitute extra religious privilege to a religious minority as is commonly interpreted or do they absolve the country's judiciary of extra burden where millions of cases remain pending for years.

URL:    https://www.newageislam.com/islam-sectarianism/kabub-supreme-court-israel-islamic-countries/d/126429

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