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Time to Replace Ottoman Law in the West Bank, Abandoned 100 Years Ago Everywhere Else

(JNS) Naomi Kahn - The debate surrounding the application of Israeli law to parts of Judea and Samaria has failed to explain how sovereignty - or a lack thereof - impacts the lives of the people living there. A "temporary" situation has existed since June 1967. Israel voluntarily placed this territory in a state of limbo, relegating its status to "disputed territory" and placing it under military rule. The law regarding property rights would revert to the system enacted by the last known sovereign - in this case, the Ottoman Empire. The Ottoman legal system that was abandoned everywhere else in the world more than 100 years ago is applied to both Jewish and Arab residents of Area C. This is what makes the application of Israeli sovereignty in these areas so important, logical, and beneficial for everyone who lives there. Under Ottoman law, you can steal someone else's property simply by using it for awhile; under Ottoman Land Law, women are not allowed to own, inherit, buy or sell property; under Ottoman law, private individuals may lay claim to public property simply by planting trees on it. Replacing Ottoman law with the modern, democratic system in force throughout Israel simply makes sense. And it will have no impact whatsoever on the path toward a negotiated resolution of the Arab-Israeli conflict. The writer is Director of the International Division of Regavim, an Israeli NGO dedicated to protecting Israel's land resources.
2020-08-06 00:00:00
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