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The Dartmouth
July 22, 2025 | Latest Issue
The Dartmouth

Speaker discusses Jewish law origins

08.20.news.law
08.20.news.law

Important Muslim customs like fasting during the month of Ramadan and a mandatory wealth tax which is an established pillar of Islam have their roots in Jewish tradition, according to Libson. While Ramadan was inspired by the fasting and atonement that characterizes Yom Kippur, the Islamic tax can be traced back to the habit of wealthy Jews giving "offerings and tides to God," he said.

Sometimes, however, the contrasts between the codes are more apparent than the similarities, according to Libson.

"Why sometimes do you find similarities and sometimes such contradictions?" he said. "Is it an accident that the prophet Muhammad and his followers did not understand what they were reading in the Torah or is it policy?"

Libson said Muhammad purposefully created some Islamic laws to be different from and more lenient than the corresponding Jewish ones.

Jewish law historically put emphasis on written obligations, while Muslim law more frequently relied on oral tradition, Libson said.

Marital questions create some of the biggest problems to the modern Israeli legal system, according to Libson. While polygamy is illegal under Jewish law, it is allowed under Muslim law.

"If someone marries a second wife, he goes to jail for five years," he said. "If he's ready to pay the price, it's okay, but generally speaking [Muslims in Israel] do not marry more than one wife. The Israeli law is so severe in this case."

To avoid this punishment, a Muslim man sometimes will deny that he is married, Libson said. Under Islamic law, however, if a man and a woman admit to having children together, they are considered married and Israeli courts can choose to apply the Islamic law.

The courts have discriminated against Muslims by picking and choosing which code to invoke in the decision, according to Libson.

The recent case of "rape by deception" showcases some of the biggest legal problems facing Israel today, Libson said.

In one case, a Palestinian man assumed a Jewish name and identity before having consensual sex with a Jewish woman, The New York Times reported. When the woman discovered his true identity, she filed a complaint with the police. Sabbar Kashur the man in question was under house arrest for two years before he was sentenced last month to 18 months in jail.

Today's legal ambiguities are further complicated by splits within the religious traditions, according to Libson. Jewish populations living under Muslim control developed different customs than those living in the West, for example.