The Tel Aviv Regional Labor Court allowed the dismissal of an Arab employee at the company ‘Klelit Engineering’, a subsidiary of Klelit, after he published three verses from the Koran in Arabic after October 7, which could be interpreted as incitement against the State of Israel during the war.
The employee, who served as an engineer in the company’s laboratories, published the verses as statuses that were exposed to all his contacts on the WhatsApp application.
The first publication read: “Had Allah willed, He would have prevailed over them, but He wishes to put you to the test against each other. Those who are killed in war for the sake of Allah – He will never put their deeds down the drain” (Sura 47, verse 5).
The verse was published alongside a commentary, According to which God has the ability to cause the “infidels” to never win until the Muslims destroy most of them. However, according to the interpretation, God puts his believers to the test to test their faith, in order for them to observe the commandment of jihad.
In the second publication It is written: “Such is the plague of your Lord when He strikes the cities while they hold on to their iniquity; His plague is heavy and fierce” (Surah 11, Verse 103).
The third publication, which was painted in the colors of the Palestinian flag, and included a quote from The two religious scholars Al-Bukhari and Muslim, and another quote from Ibn Taymiyyah’s book‘from Jimoo Alfataoi’, referring to the fact that the public who believe in their love for each other are similar to a body – that when one part of him suffers, the whole body reacts with lack of sleep and fever.
He claimed that the “infidels” mentioned in his publications are not Jews
Following the publications, about a week after October 7, the company that employs the employee received inquiries from employees who were exposed to the statuses, and turned to a professional party for the purpose of obtaining a translation and interpretation of the publications. She later made an inquiry with the employee through the company’s security officer, and then summoned him to a hearing before dismissal.
During the investigation and hearing, the employee claimed that the “infidels” mentioned in his publications are not Jews, that he published some of the publications as a sign of sympathy with the death of innocents in Gaza, that each verse has many interpretations, and that the meaning of the word “jihad”, and the verses in general, is understood differently For Arabic speakers and Hebrew speakers. He also claimed that these are verses from his holy book, which cannot constitute incitement, and that His right to freedom of worship, freedom of religion, freedom of expression and his right to earn a living with dignity must be preserved. He also stated that he totally condemns the events of October 7.
Despite his words, and after carrying out several additional checks at the cash register, the company decided to terminate the employment of the employee, ShHe petitioned the Regional Labor Court claiming that his dismissal was illegal.
As part of the procedure, the expert Prof. Zvi Mandel from the Department of Middle Eastern Studies at Ben Gurion University appeared on behalf of the employee, who confirmed that the employee’s interpretation is a possible interpretation, and claimed that there is nothing in the publications An indication of support for the murderous attack by Hamas on the settlements of the south. According to him, attributing the publications to support these acts is part of a wider phenomenon of “securitization” of the Arabic language in Israel, which results in the fact that every publication in Arabic is examined through security glasses and relying on experts from security organizations and not experts on the Arabic language and culture.
The wolf herders appeared before him as experts, A lecturer in spoken Arabic and Islam, who provides services to the Ministry of Defense and serves as an external consultant to the Civil Administration; Michael Kobi, who previously served asIn charge of Shin Bet investigations, andHead of the Department of History of the Middle East and Africa At Tel Aviv University, Prof. Uzi Rabi. The three unequivocally determined that these were inciting publications as indicated by their content and the timing of their publication, about a week after the events of October 7, and that it was done in the verses thatthe employee Advertised use by elements hostile to the State of Israel, including the Hamas organization, for the purpose of incitement against it.
The Regional Labor Court in Tel Aviv, in a panel led by the judge Karin Lieber-Lewin, He rejected the claim and stated that in view of the great sensitivity in the public about a week after the events of October 7, severe events that led to a major rupture, the company’s decision to terminate the employee’s employment is within the range of reasonableness, both in view of the meaning of the publications made by the employee, both in view of the timing of their publication, and in view of the conduct of the employee, who tried to reduce their meaning, avoided translating the publications in their entirety, and did not provide a satisfactory explanation for the purpose of the publication.
The court also determined that the fund was conducted as expected from a reasonable employer after receiving the employees’ complaints about the publications, and that the employer has the right not to accept publications made by an employee, which are inciting and hurt the feelings of other employees. The court also clarified that the decision to terminate the employee’s work was made based on factual considerations that are not related to the employee’s origin, but to his actions and the publications he published at the time they were published.
court House He clarified that it is the right of an employee to express solidarity and identify with each side as he sees fit and understands. The problem with the employee’s behavior is in the publication that does not only express solidarity – but also contains an interpretation calling for a religious war of believers in the name of their faith in God.
court House Insisted on the importance of freedom of speech, freedom of religion, and freedom of worship. in the face of this, He stood by the employee’s conduct when he published the things about a week After the events of October 7, when it was proven that elements hostile to the State of Israel, including the Hamas organization, use exactly these verses, in order to incite against the State of Israel.
According to the court, the employee himself linked the publications to the events of October 7 and the war that broke out in the Gaza Strip as a result, at a stage when the state was still counting its victims and trying to release its abductees. Based on this, he stated that it is possible to understand the crisis of trust created between the employer and the employee.
