Torah Basic Law and more: Is Israel becoming a theocratic state? The Big Question

Recent events are pointing to the possibility that Israel may be moving towards a quasi-theocratic state. The strongest indication is the explicit efforts to embed Torah, the sacred text of Judaism, and halacha, the Jewish religious law, into state institutions and governance. Already, there are several religious regulations in everyday life. Many secular sections of the population are protesting against ‘creeping theocracy’, including the controversy over ultra-Orthodox Jews being exempted from the mandatory military service.

Attempts for Torah-based governance in Israel

On Wednesday (Jun 11), Israeli coalition lawmakers voted 56-43 to pass the preliminary reading of the proposed Basic Law: Torah Study, aimed at enshrining the value of Torah study as a fundamental principle. Critics said the bill seeks to preserve mass ultra-Orthodox draft exemptions and ‘spits in the face’ of troops, reported Times of Israel.
Earlier, Finance Minister Bezalel Smotrich repeatedly stated that he wants Israel to be "governed by the Torah and the Halacha," calling this the goal of observant Jews. Torah law, in his view, should gain greater influence, particularly by elevating rabbinical courts and incorporating Torah-based legal principles into governance. He is among the advocates of giving rabbinical courts a higher status. He wants the Justice Ministry to help "restore Torah law to the Jewish state." He is stressing a gradual implementation rather than coercion. But critics see this as a strategy towards long-term religious transformation.

A bill for Halacha in Israel's legal framework

Torah Basic Study Law is not the only one. In December 2025, a bill titled the "Realization of Jewish Identity in the Public Sphere," was introduced in the Knesset. The preliminary reading of the controversial legislation sponsored by Likud lawmaker Galit Distel Atbaryan and Otzma Yehudit parliamentarian Yitzhak Kroizer advanced by a 49–35 vote. Its provisions would require secular civil judges to pass examinations in halacha. The bill seeks to designate the Grand Rabbinical Court as the sole authority in related disputes. The bill would effectively give the rabbinate substantial influence over judicial appointments. It wants to define a Jew according to recognition by the Chief Rabbinate. Together with the Torah Study Basic Law and a recent rabbinical-arbitration law, critics identify this as one of three major 2025–26 initiatives increasing the role of halacha in state law.

Existing religious regulation of daily life in Israel

Religious authority already shapes several aspects of public and private life in Israel. The rabbinate already retains significant authority over determining who is Jewish and over conversion processes, affecting personal status and citizenship-related matters. Israel has no civil marriage system, and the Chief Rabbinate controls Jewish marriage and divorce, including religious divorces for couples married abroad. The rabbinate can investigate a person's Jewish status and may refuse to grant a divorce.

Kashrut, or Jewish dietary certification, is monopolised by the rabbinate. Shabbat observance restrictions affect commerce, public transportation, and infrastructure work. Finance Minister Smotrich had previously sought to prevent transportation and construction activities on Shabbat.

There have been controversies around gender-segregated prayer in Tel Aviv's Dizengoff Square in 2023 and cases where girls' sports participation was restricted when competing against religious teams.

The 2025 bill, if passed, would protect such religious practices by criminalising interference.

Are Israeli public opposed to ‘creeping theocracy’ in Israel?

The answer depends on where you look. According to an Israel Democracy Institute survey, 60 per cent of Jewish Israelis supported public transportation on Shabbat outside religious-majority areas. The annual Israel Religion & State Index published by Hiddush – Freedom of Religion for Israel in 2020 found that 63 per cent support ending the rabbinate's monopoly over kashrut certification. These indicate majority support for secular reforms, but religious controls in daily life continue, reflecting a theocratic tendency rather than purely democratic governance.

What is preventing Israel from becoming a full-blown theocracy?

The foundational texts describe Israel as a Jewish and democratic state, and ‘secular’ is not a specific word defining the nation in law. Religious expansion has faced institutional limits, such as the High Court approving private kashrut certification services.

Prime Minister Benjamin Netanyahu has publicly rejected the idea of a halachic state, stating: "The State of Israel will not be a halacha state."

Yet, the evidence points to growing religious entrenchment within Israeli institutions and public life, including concrete legislative efforts to strengthen halachic authority. At this point, it appears Israel is making incremental moves towards a theocratic state. But the debate is not yet over, as opposition continues.