Proposed Palestinian Constitution Erases Jewish Identity, Endangers Christians
The Document neither Defines Borders nor Displays Any Indication to Accept Peaceful Coexistence with Israel
By Jules Gomes
Middle East Forum Observer
February 19, 2026
The State of Palestine intends to establish Jerusalem as its capital, Islam as its official religion, and Shari’a as its source of legislation, while expunging all mention of Jews, according to the draft constitution published by the Palestinian Authority.
“The Palestinians are ‘asking’ for a genocidal state, one that is committed to the erasure of all Jews within its borders.”
The interim constitution presented to Palestinian Authority President Mahmoud Abbas on February 5, 2026, omits any reference to a two-state solution. Nor does the sixty-eight-page Arabic document accept the legitimate existence of Israel or Jews. Instead, the preamble to the constitution emphasizes its rejection of “the colonial settlement occupation,” stating that it will “occupy” Jerusalem as its capital and situate Palestine’s House of Representatives and the Constitutional Court in the “eternal capital.”
“The Palestinians are ‘asking’ for a genocidal state, one that is committed to the erasure of all Jews within its borders and also all the Jews in the one Jewish nation beyond its borders,” writes political commentator Seth Mandel. “To get caught up in other details is a mistake because the discussion should go no further beyond its status as judenrein.”
While the constitution promises to preserve the “religious character” of Jerusalem and “protect its Islamic and Christian sanctities,” it does not refer even once to Jewish holy sites in Jerusalem, including the Temple Mount and the Western Wall, King David’s tomb on Mount Zion, or the Mount of Olives Cemetery.
There are only two references to Christianity in the document. Article 4 of the constitution stresses the “official” status of Islam (Section 1) and asserts that the “principles of Islamic shari’a are a primary source for legislation” (Section 2), but notes that “Christianity has its status in Palestine, and its followers’ rights are respected” (Section 3).
“But how is that status defined and who determines which rights Christians have?” asks A. J. Nolte, Regent University professor and director of its Institute for Israel Studies. “Section 3 is contingent on sections 1 and 2 above, so we can interpret this to mean that Christianity’s status will be determined by Shari’a, which will also delineate the rights that are to be respected. In other words, this is dhimmitude prettied up to please a Western Christian audience.”
Article 37 of the constitution gives “monotheistic faiths” the right to practice their faith and establish places of worship, Nolte observes. “Yet earlier, it only offers constitutional protection to the sacred sites of Christians and Muslims [even though] Judaism is a monotheistic faith.” That Arabic is the official language ignores other widely spoken languages. Israel, in contrast, makes both Hebrew and Arabic official languages, with many signs and documents also in English and Russian.
“In other words, this is dhimmitude prettied up to please a Western Christian audience.”
“In Article 11, it is the Palestinian Liberation Organization, not the state of Palestine, which retains its position as the sole legitimate representative of the Palestinian people,” Nolte notes. “That’s a poison pill for any non-PLO political actors in the state—it basically gives the PLO a potential constitutional mechanism to overrule the elected government.”
Articles 24 and 44 specify that the government will provide “comprehensive care” for the families of “martyrs,” alluding to jihadis who attack Israelis.
The document neither defines Palestine’s borders nor displays any indication to accept peaceful coexistence with Israel. Instead, it assigns matters “related to the borders or what affects sovereignty” to a “public referendum.” Article 40 states that “no Palestinian may be deported from the territory of the homeland, prevented from entering it or returning to it,” suggesting that Palestinians will have unrestricted access to Israel.
“The original Hamas charter… was straightforward in its ‘struggle against the Jews.’ The Palestinian Authority’s own proposed constitution doesn’t mention Jews at all,” Mandel notes. “To these Palestinian nationalists, Jews either don’t exist or else they must be made to not exist.” He warns: “This is the problem when dealing with each of the Palestinian national movement’s leaders in its century-old existence: Jews are either excluded entirely, or they are mentioned only as the object of a genocidal raison d’être.”
Jules Gomes is a biblical scholar and journalist based in Rome. Reposted with permission.