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The Palestinian Authority’s draft constitution omits Jewish ties to Jerusalem, entrenches Sharia law, and formalises “martyrs” payments—raising serious doubts about coexistence and the viability of a traditional two-state solution.

The Palestinian Authority’s newly released draft constitution, authorised by PA President Mahmoud Abbas, sends a troubling and revealing message: exclusion, not coexistence.

At a time when the international community speaks endlessly about a “two-state solution,” this foundational document for a future Palestinian state omits even the most basic acknowledgement of Jewish history, Jewish rights, or Jewish ties to Jerusalem — the eternal capital of the Jewish people.  I have previously written about the death of the two-state solution; this new constitution demonstrates why I believe this to be true.

Missing Any Jewish Recognition

The draft asserts that Jerusalem will be the capital of Palestine and pledges to protect its Islamic and Christian sanctuaries. But it pointedly fails to mention Jewish holy sites, Jewish heritage, or Judaism itself.

This is not a minor oversight. Jerusalem is central to Jewish identity, faith, and nationhood. The Western Wall — the last remnant of the Second Temple — is Judaism’s holiest accessible site.

Erasing Jewish connection from a constitutional framework signals something far deeper than a diplomatic dispute; it reflects a worldview that leads to the genocide of the Jewish people.

The constitution begins by defining Palestine exclusively as part of the Arab homeland, with the Palestinian Arab people part of the Arab nation. There is no inclusive civic language embracing pluralism of identity. There is no recognition of Jewish indigeneity. The framing is ethno-national and religious from the outset.

Sharia Law as a Basis for the Palestinian State

Article 4 declares Islam the official religion and states that the principles of Islamic Sharia will be a primary source of legislation. Christianity is acknowledged. Judaism is not. In a document supposedly outlining a modern democratic state, the absence speaks volumes.

While the draft promises parliamentary democracy, pluralism, freedom of expression, transparency, and equality, these commitments sit uneasily alongside:

• the formal entrenchment of religious law as a legislative source,
• the constitutional elevation of the PLO as the “sole legitimate representative” regardless of electoral processes,
• and the complete erasure of Jewish religious or national standing.

Peace requires mutual recognition. Israel formally recognises Islam and Christianity within its legal framework and protects Muslim and Christian holy sites. Arab citizens of Israel vote, serve in parliament, and sit on the Supreme Court. Yet this proposed Palestinian constitution does not even symbolically recognise Judaism or a Jewish connection to the land.

If this is the blueprint for a future state, it raises serious questions. Is the goal peaceful coexistence alongside a Jewish state — or the continued denial of Jewish legitimacy and ultimate genocide of the Jewish people?

Continued ‘pay-for-slay’ care for terrorist ‘martyrs’

Article 14 described how the state would “work to provide protection and care for the families of martyrs, wounded, and prisoners, and those released from the occupation prisons and the victims of genocide.”

This article is drafted into the constitution, appearing to formalise the continuation of the PA’s controversial “pay-for-slay” policy, which provides financial stipends to families of convicted terrorists and terror suspects.

The article also calls to “pursue the perpetrators of these crimes before the judiciary.”

Article 44 furthered this by calling for the “provision of comprehensive care for the families of the martyrs, wounded, and prisoners, and those released from prison, in preservation of their national dignity and their humanitarian and living needs.”

Importance of a Constitution

Constitutions are not casual documents. They define national identity and signal moral direction. By excluding Jewish ties to Jerusalem and embedding Sharia as a legislative foundation without parallel recognition of Judaism, this draft reinforces the concern that the conflict has never been solely about borders — but about recognition.

If the Palestinian leadership is serious about peace, the first step must be acknowledging an undeniable historical reality: the Jewish people are not foreign colonists in Jerusalem. They are indigenous to it.

Until that recognition of Israel and Jewish existence is reflected in the PA foundational documents, peace will be impossible, and Israel will be forced to continue to protect itself by all means necessary.

Why a Traditional Two-State Solution Is Viewed as Unworkable

As this PA constitution makes it impossible for peace with the Palestinians, we must look at radical alternatives.

1. The Gaza Precedent

In 2005, under Prime Minister Ariel Sharon, Israel unilaterally withdrew every soldier and civilian from Gaza in what became known as the Disengagement. Instead of evolving into a peaceful, demilitarised proto-state, Gaza fell under the control of Hamas, which is committed in its founding charter to Israel’s total destruction and the genocide of the Jews.

For many Israelis, Gaza became the model of what could happen in the West Bank if a fully sovereign Palestinian state were created without ironclad security control: rockets on Tel Aviv, terror tunnels under central Israel, and a hostile entity on the country’s narrowest border.

Geography matters. The distance from the West Bank to Israel’s major population centres is measured in minutes. It’s a one-hour drive in a car (which we have driven many times).

2. The Recognition Gap

Israeli leaders across the political spectrum — from Ehud Barak to Ehud Olmert — have supported territorial compromise in the past. Significant offers were made in 2000 and 2008 that would have created a Palestinian state on nearly all of the West Bank with a capital in East Jerusalem.

From an Israeli perspective, those proposals were rejected without a counter-offer that definitively ended claims against Israel. The concern is not just borders; it is whether a Palestinian state would represent the end of the conflict — or simply a new phase of it.

When Palestinian constitutional drafts omit Jewish ties to Jerusalem, it reinforces Israeli existential concerns that the conflict is about legitimacy, not lines on a map.

Gaza proves territorial compromise is not the way to peace and security.

3. Security and Topography

The West Bank’s high ground overlooks Israel’s coastal plain, where roughly 70% of Israel’s population and economic infrastructure is concentrated. Ben Gurion Airport lies only a few kilometres from West Bank hills.

Israelis across much of the political centre believe that relinquishing full security control in that territory could create an existential vulnerability. A fully sovereign Palestinian state with an independent military and unrestricted alliances is viewed as a risk Israel cannot absorb in such a small geographic space.

4. Palestinian Political Fragmentation

The Palestinian political system is divided between the Palestinian Authority in the West Bank and Hamas in Gaza. Elections have not been held in many years, and there are various factions vying for power within those groups.

From an Israeli standpoint, it is unclear who could actually sign — and enforce — a final status agreement that permanently ends the conflict.

Why Partition Is More Pragmatic

Given these realities, some Israelis argue that instead of pursuing an idealised two fully sovereign states solution, a more pragmatic form of partition is a better way forward.

These key elements can make partition workable:

• Maintaining Israeli security control west of the Jordan River
• Autonomous or demilitarised Palestinian self-governance in population centres
• Land swaps that incorporate major settlement blocs into Israel
• Clear separation of populations to reduce daily friction
• Regional involvement from Jordan and other Arab states

The goal in this model is not utopian reconciliation, but conflict management and risk reduction.

Partition — even imperfect — recognises two national movements with legitimate aspirations. But it also acknowledges that full sovereignty for both, in such a compressed and volatile space, is not practically feasible under current conditions, especially in the light of the new PA Draft Constitution.

The Core Israeli Argument

From this perspective, the fundamental issue is not opposition to Palestinian independence. It is the conviction that:

• A Palestinian state must be demilitarised.
• The agreement must end all further claims.
• Jewish historical ties must be recognised.
• Israel must retain overriding security authority.

Absent those guarantees, many Israelis conclude that a classical two-state formula risks creating a second Gaza overlooking Tel Aviv.

Thus, while the two-state concept remains the diplomatic default internationally, a carefully structured partition — prioritising security, demographic separation, and gradual confidence-building — is viewed by some in Israel as the more realistic path to long-term peace and security.

Pray and Action for Israel

There are two things that we can all do. First and foremost is to pray. Secondly, we can support Israel and the Jewish people in their time of need. E.g. via giving to the Bondi Beach massacre victims, or supporting works in Israel via organisations like Celebrate Israel.

My prayer is:

Heavenly Father, God of Abraham, Isaac, and Jacob,

We lift before You the land of Israel and the city of Jerusalem, as Your Word commands us to pray for the peace of Jerusalem (Psalm 122:6). You are the covenant-keeping God, faithful through every generation.

Yeshua Hamaschiach, Lord Jesus, Prince of Peace, stretch out Your hand over Israel. Protect her people from violence and fear. Guard her borders, comfort the grieving, strengthen the weary, and give wisdom and integrity to her leaders.

We also pray for all who dwell in the land — that hearts would turn from hatred to hope, from vengeance to reconciliation. Pour out Your Spirit, bringing repentance, truth, and the knowledge of the Messiah.

May righteousness and justice flow through the land. May the God of Israel be glorified, and may Your peace — not as the world gives — rest upon Jerusalem and all her inhabitants.

B’shem Yeshua (In the name of Jesus), Amen.

Hebrew: עם ישראל חי (Am Yisrael Chai) – Meaning: The people of Israel live.

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Image courtesy of Adobe.