Exiled Muslim Arabic speakers in particular are banned from returning to the Biblical Holy Land in Israel, the Old Free Palestine declared by the Roman Empire, even in coffin!
Commentary and Analysis . . . Many people in the Biblical Holy Land in Israel, or the old Free Palestine declared by the Roman Empire, probably don’t focus too much on the right of self-determination in the Gaza Strip and West Bank. Also, there has been loss of sovereignty.
The immediate issue, in the wake of 7 October, remains the petrified IDF (Israeli Defense Forces) running amok in the Gaza Strip. Hamas, briefly, attacked the international music festival in the desert in southern Israel. It has been reported that 250 people were taken hostage and many more were allegedly killed.
Hamas, it has been alleged, hence delayed the imminent rapprochement between Saudi Arabia and Israel on the Palestine issue.
Obviously, those who are part of the problem can’t be part of the solution. Still, opportunities can often come disguised as problems.
The stakeholders in the Biblical Holy Land don’t focus too much on solutions based on the rule of law, human rights and international law.
Israel Right Of Return
Instead, they focus on compiling known facts from the past and harping on the problems, while denying the rule of law, human rights and international law. The
right of return, an exercise in futility, features prominently.
The post-1948 Palestinian risk suffering the same plight as the Native Indian Tribal Nations which find themselves incarcerated in tiny reservations in God-forsaken places in America. The soils are poor and in mountainous country. Four hundred years later, the American Indian Movement (AIM) has belatedly regained some lost land, based purely on the rule of law, human rights and international law.
The Native Indian American discovered, albeit 400 years late, that Karma — the law of cause and effect — can be neutralised. What others do to us is their Karma. How we react is our Karma. No one can escape Karma. That’s the spiritual nature of truth. Karma — the 1st eternal law based on eternal truth — does not exist unless we create it.
Sunnatullah in Islam is God’s law on cause and effect.
Arabic Speaking Muslim
The Arabic speaking Muslim, when push comes after shove, will no doubt pursue the same path as adopted by AIM in faraway America.
That day may come sooner than 400 years if Islam and syariah accept the rule of law, human rights, and international law.
Islam isn’t law but based on the concept of sin. Syariah is based on a person’s willingness to accept it. The Supreme Court of India has declared — it’s Advisory Opinion for the world — that it would be unconstitutional to impose syariah on anyone.
Source In Law
In jurisprudence, God isn’t source in law. Law must have source to have jurisdiction, authority and power.
Law exists, and has always existed, based on common sense, universal values and the principles of natural justice.
The court of law was only about law. The court of law isn’t about ethics, moral values, theology, civilisational values, sin, God, righteousness, justice or truth. These areas have no place in the court of law.
If the nature of human relationships needs regulating, it can only be done based on the rule of law. Other approaches may include out of court settlement without prejudice, letter of representation, plea bargaining, and even war and terrorism i.e. the continuation of politics by other means. China’s Lao Tze cautioned 2K years ago that too many laws invite terrorism.
There’s greater emphasis on the spirit of the law in the rule of law, the basis of the Constitution and/or constitutional law, albeit read with the letter of the law. The letter of the law, by itself, isn’t law at law. More on the here and now later.
Immigrants In Old Free Palestine
In retrospect, it’s not clear how many immigrants entered the Biblical Holy Land — the Old Free Palestine — before Israel emerged as nation-state in 1948. The British Palestine Mandate was ended by the UN Security Council (UNSC).
The 1st rump state of Palestine, the other nation-state separated from Israel by the UNSC, was stillborn.
There are plans for 2nd rump state on 20 per cent of the land in the Biblical Holy Land. The 1st rump state was given 80 per cent of the land by the UNSC. Now, after series of unprovoked wars, Israel holds 80 per cent of the land under the law of conquest for defensible borders, and legitimacy, territorial integrity, sovereignty and national security under international law.
Arabic speaking Muslim and Christian and Jew speaking Arabic and multiple languages, in resuming the Debate, made up the immigrants who entered the Biblical Holy Land before 1948.
Jew, speaking multiple languages, came from Europe and America as well and India. Arabic speaking Jew came from north Africa and the Middle East.
Muslim and Christian, speaking Arabic, came from north Africa and the Middle East.
The local people, Arabic speaking Muslim and Christian and Hebrew speaking Jew, were swamped by the immigrants.
Post-1948 Shifts
It appears that Arabic speakers, almost all Muslim, who fled the Biblical Holy Land in 1948 after Israel are seeking the right of return.
The Israeli government claims the right of return does not exist except for Jew still in the diaspora created by the Roman Empire.
Under the rule of law, there can be no discrimination, no one was above the law, and all are equal under the law.
The Israeli government, taking the position in international law, cites special circumstances when Arabic speakers seek the right of return. Israel finds it difficult in working out locals if any who fled and Arabic speakers who were originally immigrants.
There’s also the little matter of returning Arabic speakers, if any, overwhelming the Jewish population in Israel. At present, 80 per cent of Israel was Jewish. Arabic speakers, including many Christian, make up 20 per cent. Israel isn’t against Christian but draws the line on Arabic speakers who are Muslim flooding the Jewish state.
In the case of Jew, believes Tel Aviv, it’s deemed that none fled Israel after 1948, while those in the diaspora were forced by the Roman Empire into exile.
Philistinian
The Roman Empire, falling back on old Greek usage for Philistinian, codified Palestinian as administrative term for the people — mostly Jewish — in the Biblical Holy Land and thereby avoided the term Israel, and other terms.
The Philistinian vanished into history in the Gaza Strip.
At that time, there were no Arabic speakers in the Roman Empire in the Biblical Holy Land. Arabic had written form very much later after the Quran first appeared in Aramaic.
There’s no Palestinian language.
Palestine has never been nation-state in history.
Jerusalem, founded by King David 3K years ago, had always had Jewish majority even after the Roman Empire exiled Jew for repeated uprisings. The Roman Empire created the diaspora.
It’s in history that David killed Goliath the Giant. He was Philistinian.
Actually David’s cousin killed Goliath. David got the name because he was more popular.
Here And Now
What matters in the Biblical Holy Land, based purely on the rule of law, is the here and now.
The British, before 1948, separated Jordan from the Mandate. Sixty per cent of the people in Jordan claim that they are Arabic speaking Palestinian. The difference with the other Arabic speaking 40 per cent isn’t clear.
If the post-1948 Palestinian like Hamas don’t want the two state solution, i.e. Israel and the 2nd rump state of Palestine living side by side, there would be gridlock.
In law, the people all over the world who are neighbours have no choice but live with each other.
That applies to Jew and Arab, Pakistan and India, India and China, and Ukraine and Russia, among others. China and America, for example, are not neighbours. The Pacific Ocean comes between China and America. The Atlantic Ocean comes between the Old World and America.
If there’s no two state solution, there can be one state solution with three separate immigration systems — as in Malaysia and China — between the Gaza Strip, West Bank and Israel.
Hamas in the Gaza Strip would not feel threatened by Fatah in the West Bank.
The one state solution does away with the need for prior Palestinian recognition of Israel.
The UN or the Arab states or Israel or joint forces can provide military administration for the Gaza Strip and the West Bank.
The people in the Gaza Strip and the West Bank can enter Israel, as at present, for jobs and medical attention.
India Cautioned
The two state solution, India cautioned Israel, would create permanent conflict mechanism as in the Indian subcontinent.
The British stole land from India and created Pakistan as Islamic state.
The real British Agenda was about dividing the great Indian Army and thereby creating permanent conflict mechanism. That probably calls eventually for the dismemberment of Pakistan. Already, east Pakistan broke away in 1971 and became Bangladesh. — NMH
Longtime Borneo watcher Joe Fernandez has been writing for many years on both sides of the Southeast Asia Sea. He should not be mistaken for a namesake formerly with the Daily Express in Kota Kinabalu. JF keeps a Blog under FernzTheGreat on the nature of human relationships.
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