Gay pride (and prejudice) through the ages

 
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By Khaled Diab

Historical examples of homosexuality being tolerated by Judaism, Christianity and Islam can help overcome homophobia and reinvent these faiths.

Thursday 28 February 2013

Were the Christian martyrs Saint Sergius and Saint Bacchus involved in a medieval "same-sex union"?

Were the Christian martyrs Saint Sergius and Saint Bacchus involved in a medieval “same-sex union”?

It is almost spring, and love, of the gay variety, seems truly to be in the air. The last few weeks have brought a constant stream of good news for LGBT communities in Europe, not to mention encouraging developments in the United States and even within the Catholic Church.

British and French MPs spread the love in the run up to Valentine’s Day by giving non-heterosexual marriage a resounding vote of confidence, while Germany’s Constitutional Court ruled in favour of so-called “successive adoption” by same-sex couples.

Across the Atlantic, where same-sex marriage has faced stiff opposition from religious and social conservatives, a pro-gay marriage ad campaign featuring prominent Democrats and Republicans, including Dick Cheney and Colin Powell, has just been released, while there is talk that Barack Obama is planning to utilise the Supreme Court to push for same-sex matrimony.

Homosexuals, not to mention feminists, have toasted the resignation of Pope Benedict XVI, who “made homophobia one of his battle cries”, according to one activist. This has left many in the LGBT community hopeful that the next and future popes will be more relaxed towards questions of sexuality, while activists have been urging the Vatican to wake up to reality.

“There are absolutely no grounds for considering homosexual unions to be in any way similar or even remotely analogous to God’s plan for marriage and family,”  wrote Cardinal Ratzinger, the Holy Father’s previous incarnation, in an opinion he wrote for his predecessor Pope John Paul II in 2003 on the issue of same-sex marriage.

Why? Apparently, because “marriage is holy, while homosexual acts go against the natural moral law”.

Although the argument that homosexuality is unnatural is contrary to the available scientific evidence and undoubtedly angers gay communities and their supporters, this idea is common not only in the Catholic Church, but in other branches of Christianity, Judaism and Islam.

However, despite Ratzinger’s protestations, deep, deep inside Christianity’s historic closet, there was greater tolerance of homosexuality than appears at first sight. Although the medieval and pre-modern church, especially during the various inquisitions, was well-known for persecuting and killing homosexuals, it may, at least at times, have been rather gay-friendly.

For example, though the modern clergy, with the exception of some reformist churches, tends to reject the idea of gay marriage, it appears that two men – but not women – could sometimes be joined in holy union in the Middle Ages.

In a practice known as Adelphopoiesis, two men would be joined in what American history professor John Boswell has controversially described as “same-sex unions”, although his contention has been challenged by the clergy and other scholars who insist that, though the practice walked and talked rather like a church wedding, the union in question was actually a spiritual and celibate one and closer to the concept of “blood brotherhood”.

Although the practice of Adelphopoiesis may strike the modern reader as surprising, once it is placed in the context of Greco-Roman culture, which had a profound impact on early Christian and Muslim ideals, it is not. In the male-centric classical view, men’s affection for each other was the most sublime form of love, while women didn’t really count for much, as attested to by the absence or belittling of lesbianism in classical, Judaic, Christian and Islamic traditions.

This idea of the superiority of male love, and the tolerance thereof, can be seen in the odes to homoerotic passion of the camp and irreverent Abu Nuwas, the Abbasid court laureate who was believed to be the greatest poet in Islam, and whose work was not censored, strangely enough, until the early 20th century.

Moreover, medieval Islamic scholars tended to hold that male homosexual acts did not merit worldly punishment, rather like how ancient Jewish legal practices upheld such strict rules of evidence in cases of “sodomy” that it was near impossible to prove and secure a death sentence. This is a far cry from the contemporary puritanical attitude towards homosexuality in much of the Muslim world, where gay people often potentially face the death penalty

The sublimation of mutual male affection has been (re-)interpreted by modern scholars, commentators and even clergy as a sign of homosexuality in the most unexpected quarters. Not only have many interpreted Jalal al-Din Rumi’s love poetry, or ghazal, dedicated to his older spiritual master Shams-e-Tabrizi, as a sign that the legendary Sufi poet had homosexual tendencies, there have even been suggestions that none other than Jesus Christ was gay.

That a man in his 30s apparently had no wife or girlfriend, even though Jewish law would have allowed him to marry, but was friends with a prostitute, hung out with a dozen other blokes, including one “Beloved Disciple”, in the words of the Gospel of John, could be interpreted as repressed homosexuality by the modern secular ear. Needless to say, the very suggestion is rejected as outrageous and insulting by the church and the majority of Christians.

Although early Christianity and medieval Islam seemed to have adopted some elements of the classical tolerance of certain aspects of homosexuality, at least the male variety of it, all the Abrahamic faiths have inherited the Old Testament tradition which condemns as sinful homosexual acts (the idea of homosexuality or sexual orientation did not really exist until modern times, or was at the very least more fluid).

For instance, both Christianity and Judaism draw on the Book of Leviticus (18:22) which commands the believer: “Thou shalt not lie with mankind, as with womankind: it is abomination.”

One reason why homosexuality elicits such a disproportionate reaction in all three religions is because of its powerful potential to subvert the traditional patriarchal order. Traditional models of marriage, after all, are more about procreation than recreation, and about prescribing and cementing a strict gender hierarchy, in which man sits on the throne and woman washes his royal feet. “Same-sex marriage fundamentally challenges the basic sexual premises of marriage as a contract,” writes Kecia Ali, a professor of religion, in her taboo-shaking book Sexual Ethics and Islam.

The most common justification for the prohibition on homosexual behaviour in the Judeo-Christian-Islamic tradition is, of course, the allegorical tale of Sodom and Gomorrah, two Biblical cities which were destroyed by fire and brimstone for their sinfulness. Although none of the scriptures spell out homosexuality as the nature of the sins committed by the Sodomites, who wanted to rape God’s angels, sodomy, or liwat (i.e. pertaining to Lot’s people) to Muslims, has for centuries been assumed to relate to anal sex, or more broadly, homosexual male intercourse.

This is not a valid connection to make, many contemporary activists claim. “Reading the story of Sodom as being about homosexuality is like reading the story of an axe murderer as being about an axe,” writes Jay Michaelson, the American-Jewish academic and activist.

But is such revisionism honest? I believe that, in the balance of things, the Abrahamic tradition is homophobic, as was the Greco-Roman tradition, though to a lesser degree. Nevertheless, though such revisionism may not be honest, it is useful and perhaps even necessary, to bring religion into the 21st century.

While I personally reject religion because of its intrinsic contradictions and inherent unfairness, I accept that faith can give a structure to the world for believers, and a perceived higher purpose to their lives.

That is why religion has been invented and reinvented endlessly over the centuries. What we call Judaism, Christianity and Islam today, for instance, bears little resemblance to their original counterparts. And just as no modern believer seriously accepts their religions’ ancient attitudes towards, for example, slavery and warfare, people will one day hopefully look back on the current debate over homosexuality and faith as archaic.

___

Follow Khaled Diab on Twitter.

This article first appeared in Haaretz on 26 February 2013.

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Egypt’s women of mass destruction

 
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By Khaled Diab

Does a gaff about rural women’s breasts belie the belief among Egypt’s new Islamist leadership that women are the source of all society’s ills?

Wednesday 13 February 2013

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When it comes to confessionals, Egypt’s unpopular prime minister Hisham Qandil has redefined the term “making a clean breast of things”. With the country in the grips of a new wave of protests and street clashes and the economy in tatters, the premier decided to get a vital matter off his chest during an open meeting with the media: rural women’s breast.

“There are villages in Egypt in the 21st century where children get diarrhoea [because] the mother nurses them and out of ignorance does not undertake personal hygiene of her breasts,” he said, to the visible discomfort of his audience, especially the women in it.

Qandil’s remarks have been met with widespread derision and mockery in Egypt’s famously sarcastic social and independent media, with many requesting advice from the PM on other health and domestic issues. “A question to his eminence the prime minister,” one twitter user wrote, “can I wash my boy’s clothes with his father’s white galabiya or will the colours bleed?”

“Mum says she wants the recipe for Balah el-Sham in your next press conference,” another requested.

“Soon, they’ll be broadcasting Qandil’s press conferences on Fatafeat (a cookery channel),” one wit predicted.

There are other unexpected causes of the runs, one commenter revealed: “I’m the one who got diarrhoea when I realised you were Egypt’s prime minister.” And this observer is not alone: millions of Egyptians view this former irrigation minister as Egypt’s new secretary of state for irritation.

Although stage fright – or performance anxiety – caused by speaking before the tame cameras of Egypt’s state television may have caused Qandil to confuse women’s nipples with the teats of baby bottles, there is the possibility, however faint, that the prime minister is privy to some groundbreaking research which the rest of us humble mortals are unaware of.

After all, unlike the “ignorant peasants” he lambasts, Qandil has a master’s degree and a PhD in agricultural engineering from two different US universities, though one is located in Utah, where his views of science may have been coloured by the local culture. If “creationist” pseudoscience can posit that the universe was created less than 10,000 years ago and advocate what I call the “Fred Flintstone” theory of the Jurassic age, why can’t Qandil find a causal link between dirty boobs and the runs?

However, a cursory perusal of the scientific literature on breastfeeding uncovers no connection between the cleanliness of a mother’s breasts and diarrhoea in her infant. In fact, mother’s milk is described by doctors as “liquid gold” and is a good preventer of and antidote against diarrhoea.

Qandil’s remarks confirm previous theories that denial truly is a river running through the minds of Egyptian officials.

But wouldn’t life be so much easier for the new PM if his theory were correct? Then, instead of being forced to grapple with the problems his government has inherited from the former regime – poverty, pollution, unhygienic water supplies, poor nutrition, high illiteracy – he could solve the daunting challenge of high infant mortality in the countryside by simply going online and ordering millions of packets of antibacterial wipes or, more ambitiously yet, install a power shower in each rural mud-brick home.

The cynic in me suspects that this could be what is behind Qandil’s gaff: the desire to divert attention from his government’s failure to do anything constructive about, and find simplistic, quick fixes for the country’s nagging socio-economic problems.

This interpretation would actually be a relief in comparison with the prospect that Qandil, a supposedly highly educated man, actually believes what he said. But I fear that the prime minister may well have been deadly serious.

His outburst is reflective of the new Islamist leadership’s – and the conservative constituency they represent – obsession with women and the female body, and their apparent conviction that all society’s ills can be traced back to a woman’s breasts and vagina, and a family’s and society’s honour hangs on that flimsy thread known as the hymen.

This reality about Egypt’s body politic was on full display during the recent controversy surrounding the nude Egyptian protester, Aliaa ElMahdy, whose naked body was transformed by conservatives into some kind of biological WMD – a dirty bomb – amid suggestions that she could singlehandedly obliterate Egypt’s social fabric.

Interestingly, from a psychological perspective, is how religious conservatives appear to be obsessed by what they find most reprehensible, and fantasise, like the “Desert Fathers” did of Satan tempting them away from their solitude with sexual dreams, about the female body.

An extreme, and extremely warped, example of this was the infamous and widely condemned fatwa by a cleric of al-Azhar who creatively resolved the conservative conundrum over mixed workplaces by suggesting women breastfeed their male colleagues, thereby becoming their “mothers”.

Rather than the “penis envy” Freud developed, it would appear that Egypt, and patriarchal society in general, is obsessed with breast and vagina envy. Echoing the “War on Women” across the Atlantic, Islamists, particularly ultra-conservative Salafists, have launched a far more vicious offensive against Egyptian women, which has played itself out on the streets, in the form of violence, including the rape, of female protesters and then blaming the victim for the crime she endured.

But Egyptian women and their allies have not taken this passively, and have been out in force demanding their rights – and granting them full equality will be good both for women and society as a whole, despite the anxieties of the patriarchy.

Follow Khaled Diab on Twitter.

This article first appeared in The Huffington Post on 7 February 2013.

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A careless killer on the loose…

 
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By Khaled Diab

Gun and knife violence gets a lot of public attention but one killer prowling our streets goes largely unnoticed… apathy.

Thursday 24 January 2013

It was a case of senseless violence followed by a needless death. Peter Vercauteren, a 43-year-old Belgian artist and local community leader, was heading home late one night in the heart of Sint-Niklaas, not far from the picturesque market square, the largest in the country, for which this smallish town is best known.

Vercauteren, “Pee” to his friends, was followed by another punter with whom he’d allegedly had a bit of a shouting match in the pub, even though, by all accounts Vercauteren was a jovial man with a big heart and a booming laugh that could be heard long before its owner could be seen.

His assailant, Wesley L, head-butted Vercauteren so hard that he collapsed on a dark street and died… eventually.

Had this been the whole story then this tragedy would have remained a largely private one. But what happened next has had locals, who went on a silent march to express their outrage at his preventable death, searching for explanations.

While Vercauteren lay dying outside a kebab shop, under the apparently unwatchful eye of a police surveillance camera, a number of people walked past him without stopping to offer assistance, including his attacker who returned for a second look. An hour and a half later, someone finally put in a call to the emergency services, by which time it was too late.

This carries echoes of a similar tragedy, in 2006, when Joe Van Holsbeeck, 17, was not only stabbed for his mp3 player on a busy rush-hour train platform in Brussels, but no one came to his aid.

One explanation for why no one lifted a finger to assist Vercauteren, as one friend, Steven, put it to me, is that passers-by may have assumed he was just a drunk who had fallen into a booze-induced stupor.

While this could well be what (de)motivated some from rushing to the fallen man’s aid, I find this diagnoses the symptom more than the underlying condition. Even if Vercauteren was a passed-out drunk, surely this, in a cordial, educated society whose sense of solidarity is reflected in its high tax rates would prod people to act, despite knee-jerk snobbery towards “tramps”. After all, in addition to the danger of choking on vomit, an unconscious drunk also runs the risk in winter of developing hypothermia or freezing to death.

Another, more convincing reason is simple, instinctive, gut-wrenching fear. “The uncertainty in society has increased the level of fear, and this undoubtedly played a role,” says Roel Thierens (23), who volunteered in a youth centre, Kompas, where Vercauteren also worked.

And, indeed, though much of Europe is perhaps the safest it has ever been, a neurotic media and fear-mongering politicians induce in many people a sense of disproportionate fear and distrust of, not to mention alienation from, others, especially immigrants and minorities. But fear, especially in a situation as unthreatening as this, can be overcome.

At heart, what this could all boil down to is that the true accomplice in this crime was apathy and indifference. “Passers-by might well have thought that somebody else is bound to help him,” notes Wouter Thierens (26), Roel’s brother who also volunteers at Kompas.

Many social conservatives see such apparent apathy as a sign of the breakdown in traditions and family values. But what this overlooks is that, though families have become less central than they once were, they still play a pivotal and central role in the lives of most Belgians.

Additionally, in countries where family is still paramount and traditional community remains important, such wilfull blindness also occurs, as demonstrated by the recent outrage when passengers reportedly stood by as a young woman was gang raped and beaten to within an inch of her life on a Delhi bus. And similar incidents occur in the Middle East.

Moreover, in a modern, well-oiled, mechanical society, like that which is prevalent in northern Europe, it is not that people have abandoned their sense of community and solidarity, though some erosion has occurred thanks to the greater individual alienation witnessed in contemporary society, but that it has changed to become more impersonal and distant. Citizens, aka taxpayers, have grown to expect the ‘system’ to take care of everything and everyone: the destitute and the desperate, the weak and the sick, and the criminal and their victims.

However, important as such systemic solutions are, we still need a certain sense of personal social responsibility.

___

Follow Khaled Diab on Twitter.

This article first appeared in The National on 21 January 2013.

 

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Where ‘no’ means jail time

 
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 Ray O’Reilly

Though Dubai may be the Middle East’s self-styled party capital,in the UAE, women who say they have been raped can find themselves behind bars for adultery.

Wednesday 15 June 2011

A Brisbane woman, Alicia Gali, is suing Australian embassy staff for failing to warn the 29-year-old that a complaint of rape in the United Arab Emirates could mean she ended up in jail for adultery of all things.

And that is exactly what happened. She was hauled off by police, held and eventually sentenced to 12 months in prison. She served eight months of that before being “pardoned” and released. Gali returned to Australia in March 2009 and, according to reports, has been trying to pick up the pieces of her life.

When informed of the incident in June 2008, the Australian embassy staff reportedly advised Gali to simply “reconsider her need to be in the country” and it was also suggested she not contact the media once it became apparent that making the complaint would land her in as much trouble as the rapists.

Gali has since criticised her employer, Le Meridien, for not being more clear that, without coroborating statements from four adult male witnesses to the crime, she could be charged with adultery and face prison if she filed a complaint.

“These countries don’t have the same laws as us,” Gali told News.com following her ordeal. She warned women against going to the UAE. “I was the victim. I’d had something wrong done to me and I was being punished,” she lamented.

The UAE was set up in 1971 as a federation of seven emirates – Abu Dhabi, Ajman, Dubai, Fujairah, Ras al-Khaima, Sharjah and Umm al-Quwain. It occupies the area previously known as the Trucial Coast. UAE has a federal judicial system as well, but Dubai and Ras Al Khaima chose to maintain their own.

The UAE follows a form of civil law jurisdiction which is heavily influenced by French, Roman, Egyptian and Islamic (or Sharia) law. Islamic courts work alongside civil and criminal courts primarily concerning civil matters between Muslims. Sharia courts hear family matters, such as divorce, child custody, child abuse cases and inheritance disputes, and the principles of Sharia are applied when the UAE’s codified law doesn’t cover the situation at hand.

“The Sharia court may, at the federal level only (which … excludes Dubai and Ras Al Khaimah), also hear appeals of certain criminal cases including rape, robbery, driving under the influence of alcohol and related crimes, which were originally tried in lower criminal courts,” according to the US Consulate website for Dubai/UAE.

It should be noted that more secular Arab countries recognise and prosecute rape as a punishable crime for the perpetrator, although the social taboo attached to it leads many victims to remain silent. For instance, in Egypt, men found guilty of rape (though marital rape is not illegal) face sentences ranging between three years and life, though it is estimated that only 10% of rapes are ever reported. Tunisia, where marital rape was made illegal in 2008, probably has the most supportive legal system for rape victims in the Arab world

Punishing the victim

Gali, a salon manager at Le Meridien Al Aqah Beach Resort in Fujairah, said the last thing she remembered about the incident was having a drink at the staff bar when another employee put ice in her drink. Later that night, hotel security staff were alerted that screaming could be heard from Gali’s room. Investigating the noise, they found the woman naked and unconscious with several men in the room.

Gali says she woke up the next day confused and in pain. She took herself to hospital and was informed by medical staff that she had been sexually assaulted. When she was discharged from hospital she was asked to go to a police station to make a statement.

That’s when it started going all wrong.

“I realised when I was put in a police car that I was being taken to jail,” she is reported to have said. “I didn’t even know what the charges were until five months into my sentence!”

Fast-forward a couple of years and today Gali is looking to understand what happened and is keen to get answers from the Australian government and her employer as to why she didn’t have more information and warnings about the treatment of women in rape cases in the UAE.

If not ill-advised Gali was certainly ill-informed about the world that she was entering. A world where men make and (apparently) break the rules. The UAE, and especially Dubai, appears to be suffering from a split personality. Considered by many of its neighbours as the ‘liberal and tolerant’ emirate (interpret that as you wish), Dubai seems to have a love-hate relationship with the West. Love the women, Dunkin’ Donuts, Palm Island parties … hate the women, Dunkin’ Donuts, parties!  

According to a blogger on Escape-Artist, Dubai is setting itself up as the tourism and party town of the Middle East, but with the party comes the party people and inevitably the sleeze: “It’s already the prostitution capital of the Middle East. Brazen Russians in short skirts and halter-tops frequently solicit right on the street. There are thousands of girls who have come from the former Soviet republics and Eastern Europe to ‘work’. Then there are the fun-loving girls who fly out from Europe (and the States) to hook up with affluent guys,” the blogger comments in a post entitled ‘Sex in the city’.

“What’s interesting – and a little irritating – is that a lot of local guys have no problem with being married and having girlfriends on the side (not an attitude restricted only to local guys). Local women, on the other hand, are not even allowed to chat on the telephone with a man outside the family,” the writer continues.

On the Australian embassy’s UAE site, under ‘Services for Australians’ emergency contact information is provided and a statement that: “One of the main functions of the Australian embassy is to provide a range of services (within limits) to Australian citizens.”

The ‘within limits’ is linked to a page on its smarttraveller.gov.au website which spells out what the limits are: “Consular staff cannot use their position to influence unduly or bypass local laws or processes, even when these would appear by Australian standards to be unfair or unnecessarily arduous. While consular staff can sometimes use their knowledge and understanding of the local environment to facilitate support, they must work within the legal and administrative constraints applying in their host country.”

The UAE embassy site has assorted information about passports, travel information, some tax and repatriation information and a section called ‘Living in UAE or Qatar’. No obvious or apparent mention of how to deal with UAE customs and laws or warnings to young female travellers about the risk of sexual abuse.

However, if you follow the link to the ‘Latest travel advisories and other traveller hints’, then the ‘Travel advice’ page, then scan down to the ‘United Arab Emirates’ and on that page under the ‘Local laws’ section it states: “When you are in the UAE be aware that local laws and penalties, including ones that appear harsh by Australian standards, do apply to you. If you are arrested or jailed, the Australian Government will do what it can to help you but we can’t get you out of trouble or out of jail. Custodial sentences would be served in local jails.”

It continues: “The UAE is a Muslim country and its local laws reflect the fact that Islamic practices and beliefs are closely applied. Legal and administrative processes may be substantially different from those in Australia. If you are arrested, you may face a significant period of detention before your case comes to trial. You should familiarise yourself with local laws before you travel. […] Common law relationships, homosexual acts and prostitution are illegal and subject to severe punishment. Adultery is also a crime.”

It also states: “It is illegal to harass women. Harassment includes unwanted conversation, prolonged stares, touching any part of the body, glaring, shouting, stalking or any comments that may offend.”

In the ‘Travel tips’ section of smarttraveller.gov.au, under the ‘Sexual assault overseas’, the Australian governments offers a number of tips to avoid becoming a victim of sexual assault. And the site states: “Sexual assault is never the victim’s fault. Try not to blame yourself. The perpetrator is the only one responsible for the assault. No one deserves to be raped or assaulted.”

(That’s one for the books, then!)

And after some further research and surfing, your reporter could not find an express mention that filing a complaint for rape without four male witnesses to back up your story may well land the victim in jail for adultery.  

Gali’s story highlights something of a disconnect in this part of the world between materialism and Westernism. It is a poignant reminder that the swish hotels and (fake) beaches can lull a visitor into thinking they are in a Western land. But this can be illusionary, and travellers and guest workers may quickly fall foul of UAE laws. Dubai’s party and glitz blitz can never mask what lurks beneath.

Note: This article was updated to clarify the location of the incident.
 
This article is published here with the author’s consent. ©Ray O’Reilly. All rights reserved.
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الحب في زمن النزاع

 
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بقلـم خالد دياب

قرارات المحاكم الأخيرة في مصر وإسرائيل تُظهِر مدى الشك الذي وصل إليه اليهود والعرب الإسرائيليين

سبتمبر 2010

EN version

تماماً مثلما تعلّم روميو وجولييت الدرس بطريقة صعبة، فإن الحب والصداقة في زمن النزاع نادراً ما يكونا قصة بسيطة لشاب يقابل فتاة (أو أي خليط آخر يناسب توجهاتك). ففي أوقات كهذه، تصبح الأمور الشخصية أموراً عامة، وتصبح الأمور الرومانسية أموراً سياسية.

ورغم أن هذه سمة شائعة في النزاعات، إلا أن الحواجز التي تفصل بين العرب واليهود الإسرائيليين قد تكون، بطريقة ما، مرتفعة بشكل خاص نتيجة لطول فترة نزاعهم ومرارته. ففكرة الاتصال الإنساني العادي بين الجانبين، وخاصة تلك من النوع الجسدي الحميم أو العاطفي، تصل في أذهان الكثيرين من العرب واليهود الإسرائيليين إلى مصاف خيانة قضية وطنهم. لا تعاني علاقات كهذه من عدم الموافقة اجتماعياً ولكنها تستطيع أحياناً أن تحمل تداعيات قانونية.

خذ على سبيل المثال حالة صابر كشور، الفلسطيني البالغ من العمر 30 سنة من القدس، الذي اتهم مؤخراً بـِ “الاغتصاب عن طريق الخداع” لأنه، حسب الادعاء، كذب على امرأة يهودية إسرائيلية حول هويته الدينية حتى يمارس الجنس معها، رغم أنه يعترف فقط بأنه كذب حول وضعه الاجتماعي كمتزوج.

ورغم أن غالبية الناس يوافقون أن عدم الصدق ليس هو السياسة الفضلى، إلا أن الخداع يشكل تكتيكاً شائعاً في لعبة العشق والغرام. ولو كذب السيد كشور حول مهنته أو ثروته أو تحصيله العلمي أو عمره أو طبقته الاجتماعية أو نواياه على المدى البعيد، لكان الحادث قد مرّ وذهب طيّ النسيان دون خيبة أمل شخصية. بدلاً من ذلك، ولأنه في أبسط الحالات لم يكن صادقاً بشكل كامل حول هويته الدينية والعرقية، فقد أصبح الأمر قضية ذات اهتمام عام وتداعيات قانونية.

“المحكمة مضطرة لحماية مصالح الجمهور من المجرمين الأذكياء ذوي الكلام المعسول الذين يستطيعون خداع الضحايا البريئة بكلفة لا يمكن احتمالها: قدسية أجسادهم وأرواحهم”، حسب قول أحد القضاة الثلاثة الذين استمعوا للقضية، وقد أوجد من خلال ذلك سابقة خطيرة.

يثير الحكم تساؤلات حول ما إذا كان هذا الخداع العاطفي يشكّل فعلاً قضية ذات “اهتمام عام”، بدلاً من قضية تتعلق بمصداقية أخلاقية شخصية. وبناء على ذلك، إلى أي مدى يتوجب على الدولة أن تذهب في حماية مواطنيها من “المجرمين الأذكياء ذوي الكلام المعسول”؟

قد تجد امرأة أخرى على سبيل المثال كذب كشور حول كونه متزوجاً مزعجاً أكثر بكثير من كذبه حول انتماءه الديني. هل كانت امرأة كهذه، إذا تقدمت بشكوى شخصية للمحكمة، تحظى بنفس ردة فعل القاضي المعني؟

غني عن الكلام أن القضية أثارت ضجة ليست عالمية فحسب وإنما في الأوساط الإسرائيلية الليبرالية، ويجري الآن استئناف الحكم. “ماذا لو كان هذا الشخص يهودياً ادعى أنه مسلم ومارس الجنس مع امرأة مسلمة؟ هل كانت ستتم إدانته بالاغتصاب؟ الجواب هو: بالطبع لا”، حسب رأي جدعون ليفي، وهو معلق إسرائيلي ليبرالي.

ولكن إسرائيل ليست هي وحدها المذنبة بالمعايير المزدوجة عندما يعود الأمر إلى مضاجعة العدو أو الوقوع في حبّه. بالنسبة للكثير من الفلسطينيين والعرب فإن فكرة أن يعشقوا أو يعشق أحد يعرفونه يهودية إسرائيلية، أو أحياناً يهودية ببساطة، هو أمر يُنظَر إليه كلعنة محرّمة.

ويمكن في بعض الأحيان أن تحمل هذه “الجريمة الاجتماعية” نتائج قانونية، كما حصل مؤخراً في مصر. بعد ردّ استئناف حكومي لقرار محكمة سابق، حكمت محكمة مصرية في حزيران/يونيو الماضي بسحب الجنسية عن جميع الرجال المصريين المتزوجين من إسرائيليات وأبنائهم (بغض النظر عن قلة عددهم).

أثار القرار خلافاً في مصر، حيث أثنى كثيرون على “وطنية” المحكمة، بينما ثارت ثائرة الناشطين المصريين الليبراليين ودعاة حقوق الإنسان. “ينص القانون المصري على أنه لا يمكن سحب الجنسية المصرية إلا إذا ثبت أن المواطن يتجسس على بلده، لذا فإن هذا القرار يعتبر الزواج من إسرائيلية ضرباً من ضروب التجسس”، حسب قول نجاد البرعي، وهو محامٍ مركزه القاهرة وناشط في مجال حقوق الإنسان.

ما تظهره هاتان القضيتان بوضوح هو مستوى انعدام الثقة وجنون الارتياب والحقد بين العرب واليهود الإسرائيليين، الذي تعاظم مع تدهور الوضع في السنوات الأخيرة. وهو يشكّل على مستوى آخر أداة مناسبة لإطالة أمد النزاع. يجعل تحديد، بل وحتى منع التعامل والتفاعل مع الطرف الآخر من الأسهل بكثير كراهية “عدوك” بل وإضفاء الشيطانية عليه. من هذه الزاوية، ترتكز حقيقة أن معظم الدول العربية لا تسمح أو لا تشجع مواطنيها على السفر إلى إسرائيل، دعك من منع الإسرائيليين من السفر إلى المدن الفلسطينية في الضفة الغربية وغزة، جزئياً على الخوف من أن يُفشِل الحب الفردي الكراهية الجماعية.

جمعت المأساة التي وقعت لروميو وجولييت في نهاية المطاف أسرتيهما المتناحرتين معاً، ولكن القضايا المأساوية أعلاه من المستبعد أن يكون لها نفس الأثر. وبالرغم مما قد يؤمن به بعض الرومانسيين بسذاجة من أن الحب يتغلب على كل شيء، من المؤكد أن هذا ليس صحيحاً، ولا يستطيع الحب عمل شيء يُذكر لحل القضايا الحقيقية جداً التي تذكي نار النزاع.

بغض النظر، فإن جميع الصداقات وقصص الحب والزواج بين الإسرائيليين اليهود والعرب تتحدى ثنائية الـ “نحن” و”هم” المدمرة. ورغم أنها قد تكون علاقات شخصية، إلا أن العلاقات الخاصة بين العرب والإسرائيليين تثبت أن الذين يعيشون عبر خطوط العداء المفترضة قد يتشاركون أكثر بقضايا مع بعضهم مما يتشاركون به مع أناس من جانبهم، ويوفرن الأمل بمستقبل يسوده المزيد من التفاهم

This article, which was written for the Common Ground News Service, was originally published on 2 September 2010.

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Love in times of conflict

 
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By Khaled Diab

Arabs and Israelis tend to view personal relationships that cross the divide between them with suspicion, perhaps because individual love has the power to undermine collective hate.

14 September 2010

AR version

As Romeo and Juliet learned the hard way, love and friendship in times of conflict is rarely a simple story of boy meets girl (or whatever other combination suits your orientation). At such times, the personal so often becomes public, and the romantic, political.

Although this is a common feature of conflicts, in some ways, the barriers separating Arabs and Israeli-Jews may be especially high owing to the long duration of their conflict and the bitterness of the feud. In the minds of many Arabs and Israeli-Jews, the idea of normal human contact between the two sides, especially of the intimate physical or emotional variety, is tantamount to a betrayal of their people’s cause. Such relationships do not only suffer from social disapproval, they can sometimes carry legal consequences.

Take the case of Saber Kushour, a 30-year-old Palestinian from Jerusalem, who was recently convicted of “rape by deception” for having allegedly lied to an Israeli-Jewish woman about his religious identity in order to sleep with her, although he only admits to having lied about his marital status.

Although most would agree that dishonesty is not the best policy, deception is a fairly common tactic in the dating game, and had Kushour been lying about his profession, wealth, education, age, social class, or his longer-term intentions, the incident would have passed into the obscurity of personal disappointment. Instead, because he, at the very least, was not entirely truthful about his religious and ethnic identity it became an issue of public concern with legal repercussions.

“The court is obliged to protect the public interest from sophisticated, smooth-tongued criminals who can deceive innocent victims at an unbearable price – the sanctity of their bodies and souls,” said one of the three judges on the case and, in so doing, set a dangerous precedent.

The verdict raises the question of whether such amorous deception is actually an issue of “public interest”, rather than one of individual integrity, and, if so, how far should the state go in protecting citizens from “sophisticated, smooth-tongued criminals”?

For instance, another woman may have found Kushour’s lying about being single far more distressing than his religious affiliation. Would such a woman, had she also submitted a private claim, have had the same reaction from the judge in question?

Needless to say, the court case has caused an uproar, not only internationally, but in liberal Israeli circles, and the verdict is already being appealed. “What if this guy had been a Jew who pretended to be a Muslim and had sex with a Muslim woman? Would he have been convicted of rape? The answer is: of course not,” observed Gideon Levy, a liberal Israeli commentator.

But it is not just Israel which is guilty of double standards when it comes to sleeping with – or falling in love with – the enemy. To many Palestinians and Arabs, the idea that they or someone they know could get intimate with an Israeli-Jew, and sometimes even simply a Jew, is often viewed with anathema.

In some instances, this ‘social crime’ can carry legal consequences, as was recently demonstrated in Egypt. After rejecting a government appeal of an earlier verdict, an Egyptian court ruled in June that all Egyptian men married to Israeli women (however few they may be), and their children, should be stripped of their citizenship.

The verdict has sparked controversy in Egypt, with many applauding the court’s “patriotism”, while Egyptian liberals and human rights activists are up in arms. “Egyptian law says citizenship can only be revoked if the citizen is proven to be spying on his country, [so] this verdict considers marrying an Israeli [to be] an act of spying,” said Negad al-Borai, a Cairo-based lawyer and human rights activist.

What these two court cases clearly illustrate is the level of mutual distrust, paranoia and hatred between Arabs and Israeli-Jews which has intensified with the worsening situation in recent years. At another level, it is a convenient tool in perpetuating the conflict. Restricting, and even forbidding, interactions with the other side makes it a whole lot easier to hate and demonise your “enemy”. Seen from this angle, the fact that most Arab countries do not allow or discourage their citizens from travelling to Israel, not to mention the ban on Israelis travelling to Palestinian cities in the West Bank and Gaza, is partly founded on the fear that individual love will undermine collective hate.

The tragedy that befell Romeo and Juliet eventually brought their feuding families together, but the tragic cases above are unlikely to have a similar consequence. Despite what romantics may naively believe, love certainly does not conquer all, and it can do little to resolve the very real issues fuelling the conflict.

Nevertheless, all friendships, love affairs and marriages between Israeli-Jews and Arabs challenge the destructive “us” and “them” dichotomy. Though they may at heart be personal affairs, private relationships between Arabs and Israelis demonstrate that people living across supposed enemy lines may share more in common with one another than with their own side, and provide hope for a future of greater understanding.

This article, which was written for the Common Ground News Service, was originally published on 2 September 2010.

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