Debating Islam in the Jewish State: The Development of Policy Toward Islamic Institutions in Israel

NOTES

NOTES TO CHAPTER 1 1. Jewish Agency for Palestine, Statements and Memoranda (1946), 71-72, cited by Sami Hadawi, Bitter Harvest: A Modern History ofPalestine (New York: Olive Branch Press, 1989), 150. 2. Walter Schwarz, The Arabs in Israel (London: Faber & Faber, 1959), 119. 3. Israel, Government Yearbook 5710 (1949-1950), (in Hebrew), 118. 4. Israel, Government Yearbook 5712 (1951-1952), 151. 5. ]. N. D. Anderson, Islamic Law in the Modern World (New York: New York University Press, 1959; reprint, Westport, Conn: Greenwood Press, 1975), 15. 6. Based largely on Hanafi legal sources with a selection of rules taken from the other Sunni schools, the law confined itself to certain matters of marriage and divorce, relegating all other issues, including inheritance and wills, to the uncodified principles of the various regional schools ofMuslim law. Tahir Mahmood, Family Law Reform in the Muslim World (Bombay: New India Press, 1972), 36, 39. 7. Robert H. Eisenman, Islamic Law in Palestine and Israel (Leiden: E.]. Brill, 1978),50. 8. Uri Kupferschmidt, The Supreme Muslim Council: Islam under the British Mandatefor Palestine (Leiden: E.]. Brill, 1987), 87. Traditionally, issues such as the maintenance of minors and questions ofsuccession on intestacy which involved non-Muslims fell under the jurisdiction of the shari'a courts. 9. Zeina Ghandour, "Religious Law in a Secular State: The Jurisdiction of the Shari'a Courts ofPalestine and Israel," Arab Law Quarterly 5 (February 1990): 26. 10. Meron Benvenisti, Jerusalem, The Torn City (Jerusalem: Isratypeset, 1976), 281. 11. Kupferschmidt, Supreme Muslim Council, 266. 12. S. P. Colbi, Christian Churches in Israel (Jerusalem: Israel Economist, 1969), 14. Colbi was the Director of Christian Affairs in the Ministry of Religious Mfairs. 13. Israel, Ministry of Foreign Mfairs, The Arabs in Israel (Tel Aviv: Government Printer, 1955),57. 14. Israel officially recognized the Druze as an autonomous religious community in 1956 in order to reward the community for its "readiness to integrate and to fulfill all the duties incumbent on Israeli citizens, including military service." See Aharon Layish , "Islam as a Source of Law in the Druze Religious Courts," Israel Law Review 14 (January 1979): 15. 15. Jacob Landau, The Arabs in Israel (London: Oxford University Press, 1969). 16. Sabri Jiryis, The Arabs in Israel, trans. Inea Bushnaq (New York: Monthly Review Press, 1976). Elia T. Zureik, The Palestinians in Israel· A Study in Internal Colonialism (London: Routledge & Kegan Paul, 1979). Sami Hadawi, Israel and the Arab Mi167 168 NOTES nority (New York: Arab Information Center, 1959; reprint, September 1967 as Information Paper Number 7). 17. Ian Lustick, "Zionism and the State of Israel: Regime Objectives and the Arab Minority in the First Years of Statehood," Middle Eastern Studies 16 (January 1980): 131. This article provides a clear synopsis of the major themes of the book. 18. Sammy Smooha, The Orientation and Politicization oftheArab Minority in Israel (Haifa: University ofHaifa, Monograph Series on the Middle East, No.2, 1984), 10. 19. For critiques of Lustick's work, see, for example: Moshe Sharon, "Lustick's Arabs in the Jewish State" (Book Review), Middle Eastern Studies 18, no. 3 (1982): 340-41 and Henry Rosenfeld, "History, Political Action, and Change as 'Aberration,' and Zionism as an Irremediable 'Contradiction' " (Book Review), Israel Social Science Research 1, no. 2 (1983): 69-76. 20. Avi Shlaim, "The Debate about 1948," International Journal ofMiddle East Studies 27 (August 1995): 292. 21. Three works are considered seminal to the revisionist genre. Benny Morris's The Birth ofthe Palestinian Refugee Problem, 1947-1949 (Cambridge: Cambridge University Press, 1987) refuted the Israeli contention that the Palestinian Arabs fled Israel voluntarily during the 1948 War. Avi Shlaim's Collusion acroSJ the Jordan (New York: Columbia University Press, 1988) discussed the cooperation between Jordan, Britain, and the Zionist leadership to prevent the emergence of an independent Palestinian state. Ilan Pappe's Britain and the Arab-Israeli Conflict, 1948-1951 (London: Frank Cass, 1987) discussed Britain's role in the 1948 War and its aftermath. 22. Shabtai Teveth, "Charging Israel with Original Sin," Commentary 88 (September 1989): 31. 23. Benny Morris, "The Eel and History: A Reply to Shabtai Teveth," Tikkun 5 (January/February 1990): 82. 24. For example, in 1989 Majid Al-Haj suggested that Israeli officials attempted to strengthen the hamula (traditional clan) structure by supporting the patriarchal leadership in an attempt to divide and rule; consequently, the hamulaevolved as a social group functioning on an instrumental-pragmatic basis, and not only as a primordial social group functioning through the force ofculture and tradition. Majid Al...