The PLO and Islamic policy for Jerusalem.
Talhami, Ghada H.
JERUSALEM OCCUPIES A UNIQUE POSITION in the world of Islam, not
only as the third holiest city after Mecca and Medina, but also as the
first direction of the qiblah. The presence of the Dome of the Rock, the
Aqsa Mosque, and the Buraq Wall (Wailing Wall), established Jerusalem
eternally in the Muslim mind as a sacred waqf (religious trust). This
status was also confirmed by its historical fame as the final repose of
companions of the Prophet Muhammad, learned Sheikhs, Sufi masters and
others (Talhami 2000). The memory of Jerusalem as the first direction of
the qiblah, before that honor devolved on Mecca in 622 CE is still
preserved in Masjid al-Qiblatayn, in the Banu Salma Quarter in Medina.
There, a miharab (niche) is set to the north, pointing towards
Jerusalem. The significance of Jerusalem to Muslim worship, in addition
to the story of the nocturnal journey in the Quran, which took place in
619 CE, has been enshrined in a Hadith, reported by the famous Damascene
jurist and scholar, Ibn Taymiyyah. According to him, the Prophet said:
"Do not set out on a journey except to one of the three mosques:
the Holy Mosque (in Mecca), the Aqsa Mosque (in Jerusalem), or my Mosque
(in Medina)" (Raymond 2005).
RELIGIOUS HIGHLIGHTS
It is commonly acknowledged by Muslims that the religious choice of
Jerusalem as the site from which Muhammad rose to heaven was not solely
due to the need to establish the new faith as a full-fledged member of
the monotheistic family of religions. Jerusalem was chosen in order to
affirm Islam's connection to Abraham as the purest founder of the
monotheistic tradition. Muhammad rose to heaven from Mount Moriah
because of its association with Abraham's attempt to sacrifice his
son Isaac as a burnt offering to the Lord (Genesis 22:2). The Jewish
association with Mount Moriah as the site of Solomon's Temple was
later recorded in 2 Chronicles 3:1 (Chapman 2004). Yet, despite all of
this religious lore, the Ummayyids who ruled Jerusalem from Damascus
never entertained the idea of converting it into the administrative
capital of Palestine. This was due in large measure to the need to spare
the holy city the role of sustainer of the troops. Jerusalem was ruled
by a governor and enjoyed its own judge as recognition of its elevated
spiritual status, but the administrative capital was placed in Ramleh
(Duff 1990). It is interesting to note here that some Israelis view
their connection to Jerusalem in more than just religious terms. Modern
Israeli officials refer to the manner in which the Temple was built and
its location as proof of ancient and uninterrupted physical ownership.
According to the author of Kings, a prophet named Gad ordered David
while in the midst of a severe plague to "build an alter to the
Lord on the threshing-floor of Araunah the Jebusite". Araunah
welcomed David and offered to provide the necessary wood and the
sacrificial animals, but David insisted on compensating the Jebusite for
the threshing-floor and everything else. After the Israeli capture of
Jerusalem in June of 1967, the Israeli Minister of Religious Affairs,
Zarach Warhaflig, referred to this Biblical story as proof of
Israel's ancient and continuous title to what he referred to as
"Temple Mount". When an interviewer asked him "Are you
saying that the Temple Mount ... is Jewish property even today?" he
answered "Yes, (it was) acquired in more than one sense.
Generations have shed blood in order to make the Land of Israel ours;
and the full price was paid (by David) in money as well" (Elon
1995).
Despite these competing claims for Jerusalem, the history of the
city is living proof that the upholders of these religious ties were the
faithful people of this city. For much of its history, Jerusalem was
inhabited by a majority of Arabs, at least for thirteen centuries, until
the arrival of European Jewish settlers during the last quarter of the
nineteenth century. The Arab population of the city upheld its position
as the custodian not only of the Muslim, but of all the holy sites. In
his 1971 Easter message and four years after losing East Jerusalem to
the Israeli state, King Hussein of Jordan gave expression to the classic
Arab and Islamic position regarding Jerusalem's holy sites in more
secular terms:
At this time of the year the thoughts of all Christians
turn to Jerusalem where nearly 2,000 years ago the central
event of their faith took place; so it is appropriate to think
about what is happening in Jerusalem today....
The Arabs have for centuries been worthy custodians
of the Holy City. It was they who built and preserved the
monuments for which it is famous, such as the Holy Sepulchre
and the Mosque of Omar. It was the Arab way of life and the
Arab people, Moslems and Christians alike, who preserved the
traditional life of the city and gave it that unique sense of
being a living piece of the ancient world which all pilgrims to
its walls have felt so strongly. There is a good reason for this.
To the Moslems, the Christians and Jews are People of the
Book.... Therefore, the Holy places of Judaism and
Christianity are ours too. It is thanks to us, for example, that
the Wailing Wall of the Jews was preserved throughout the
centuries of Moslem rule.
He then explained:
For centuries our custodianship has been accepted by the Christian
churches. It was to the Arab families of Jerusalem, for example, that
the keys of the Church of the Holy Sepulchre were and are still
entrusted (King Hussein 1971).
Jerusalem is sacred space to Muslims not only because of
Muhammad's ascension to heaven but because they truly regard it as
the place where the Day of Judgment will take place. It is reported that
after the Prophet died at Medina, his Companions argued over the best
place for His final repose. Three factions emerged and debated this
issue, one of which favored burial in Mecca, His birthplace and the land
of His people. Another faction favored burial in Medina, the house of
the Hijra and the home of His supporters. But a third faction favored
transporting Him for burial to Jerusalem, the place where the Prophets
were buried and from where He ascended to heaven. After much debate, it
was agreed that He should be buried at Medina since He said in a Hadith
"Prophets should be buried where they die" (Mahmoud 1989).
According to al-Muqqadasi, a native Jerusalemite and a historian of the
city, a tradition developed in later centuries claiming that the city
will be the "plain of marshalling on the Day of Judgment where
Muslims would gather and both Mecca and Medina will come to Jerusalem
and the excellence of them all will be united there" (Peters 1985).
WHO DEFENDS JERUSALEM?
Despite Jerusalem's centrality to the Muslim faith and the
history of its prophets, the city was never fully defended by its
various recent overlords. Instead, the city is fast becoming a Jewish
center with a dwindling Muslim and Christian population. In recent
years, states, regimes and national movements have failed Arab
Jerusalem. The struggle to maintain the Islamic and Christian character
of the city is being increasingly borne by its own unarmed and civilian
population. This trend goes back to the nineteenth century when the
city's leading families acquired something of a corporate standing
and began to speak with one voice. During the ten-year period of
Egyptian rule, 1830-1840, Ibrahim Pasha allowed the creation of a
council to advise him on the city's day-to-day affairs. The
advisory nature of this body did not prevent it from opposing some
policies deemed to be out of step with the city's history. Such was
the case of a request by a Jewish group to purchase the Buraq Wall,
which the city council quickly rejected. It also took the occasion to
instruct the Egyptian ruler in the illegality of such a move since the
Wall was waqf property. The council added that a waqf cannot be ceded
even to a Muslim. In 1887, Muslim and Christian families resisted
attempts by wealthy Jews to purchase rights to the Wall one more time.
Later on, memories of these efforts led the newly appointed Mufti of
Jerusalem, Amin Husseini, to affirm Islamic ownership of the Wall as
soon as he assumed office in 1922 (Talhami 1988). In 1863, Jerusalem was
accorded a municipal council (majlis baladi) by a special Ottoman
firman, the first in the entire empire after Constantinople to enjoy
such a privilege. The council consisted of ten members, six of whom were
Muslims, two Christians, and two Jews. Every male citizen of twenty-five
years or older and who paid fifty Turkish pounds or more in annual taxes
was eligible to participate in municipal elections. A police force was
created in 1886 and a municipal physician was appointed, followed by the
construction of a municipal hospital in 1891. The council was entrusted
with issuing municipal building permits. In addition, an administrative
council was created around the same period and included beside the
Governor, the Chief Judge and the Mufti of the city, representatives of
the various religious communities such as the Greek Orthodox, the Latin,
the Armenian and the Jewish. Benefiting from the liberalization policies
known as Tanzimat, these councils began to assume a representational
role vis-a-vis the Ottoman Government when their city was threatened by
a rising flood of Jewish immigration and settlement. Leading members of
these councils who also represented the city's oldest families sent
a resolution to the Ottoman Grand Vizier in 1891, protesting the flow of
East European Jewish immigration to the city and its attendant jump in
land purchases. This resolution numbered 500 signatures by the
city's leading citizens. Those elected from the Jerusalem sanjak
(administrative division) to the Ottoman parliament which the Young
Turks convened in 1911, also raised the issue of increasing Zionist
threat to Palestine through increased Jewish immigration (Scholch 1990).
Tax revolts by the city's native population were a frequent
occurrence in the eighteenth and nineteenth centuries. One of these,
which broke out a few years before the Egyptian occupation of Syria,
resulted in the seizure of the citadel by the city's residents and
barring its gates to Turkish officials. The revolt was started by the
peasant population of the surrounding area but was eventually mediated
by clergy from the various Christian churches (Asali 1990).
THE BEGINNINGS OF PALESTINIAN NATIONALISM
The Wailing Wall Riots of 1929, which were much better known and
which heralded the Arab Revolt and Strike of 1936, were also the result
of a popular protest movement. The Jerusalem Muslims who frequented
al-Aqsa Mosque exploded in anger when the Jewish Revisionist Party of
Vladimir Jabotinsky repeatedly attempted to enlarge its prayer area in
the vicinity of the Wall. This encroachment on Muslim rights of passage
enshrined in the 1856 Status Quo Regulations inflamed Muslim sentiment.
It is interesting to note the plebian nature of the Muslim rioters who
were in the main transplanted Hebronites encouraged to move to the Old
City by the Mufti of Jerusalem. The latter believed, as he often
disclosed to his listeners, that the Jews intended to repossess the Wall
as a prelude to taking over the entire Noble Sanctuary area and
rebuilding the ancient Jewish Temple on the ruins of the Muslim
monuments. The Mufti, thus, succeeded in rallying much of the Muslim
World to the Arab cause in Palestine. When tensions eased in the Old
City, he convened the General Islamic Conference of Jerusalem in 1931,
in order to emphasize the Jewish threat to the Islamic holy sites
(Talhami 1992). The riots also resulted in victory for the Palestinians
when the International Court of Justices recognized the waqf ownership
of the Wall and affirmed the principle of the Status Quo Law (Dumper
1997).
The Mufti knew how to arouse the national feelings of
Jerusalem's population and how to impart a nationalist coloring to
a traditional Muslim festival. This was the Nabi Musa festival held
around the same time as the Christian Easter and Jewish Passover
celebrations. The city's residents knew the political motivation
behind this festival which was said to have been instituted by Salah
al-Din (Saladin) al-Ayubi in order to match the Christian popular zeal
during Easter celebrations. In the twentieth century, peasant ardor for
the memory of the Prophet Moses (revered by Muslims as well as Jews) as
they poured into Jerusalem from surrounding towns and villages for a
period of six days has taken on a strongly nationalist character. The
Mufti also began the practice of leading the procession entering the
city while mounted on a white horse and carrying the banner of Nabi
Musa. His presence at the celebrations was a clear message to Passover
celebrants that Muslims have rights in Jerusalem (Asad 2005). Prominent
Christian families attested to the fact that the festival was a source
of pride for both Christians and Muslims (Sakakini 2005). The Mufti,
whose seat of power was the Supreme Muslim Council and later the Arab
Higher Committee, had always made Jerusalem the center of his life and
his political and ecclesiastical career.
ZIONIST VIEW OF JERUSALEM
By contrast, the early Zionist leaders who were mostly secular did
not view Jerusalem, particularly the Old City, with favor. In 1882, for
instance, Moshe Leib Lilienblum, an early quasi-Zionist, stated clearly
when describing the Zionist plan that they had no need for the walls of
Jerusalem, its Temple, or the city itself (Wasserstein 2002). Theodor
Herzl did not refer to Jerusalem at all in his Der Judenstaat (1897).
Neither did Chaim Weizmann, the British architect of the Balfour
Declaration, who complained that Jerusalem carried with it the medieval
ailments of "poverty, stubborn ignorance and fanaticism" (Elon
1995). After experiencing the loss and surrender of the Old City to
Jordanian troops in 1948, the Israelis developed even greater disdain
for the defiant little town. David Ben Gurion recommended after the 1967
War that city walls should be torn down completely in order to
facilitate the unification of the two Jerusalems, the Arab and the
Jewish sections. He expressed no consideration for these architectural
gems built in their current form by Sinan, famed sixteenth-century
Ottoman architect. In some reports, Ben Gurion and the Chief Rabbi of
the Armed Services, Shlomo Goren, went as far as to suggest that the
confusion resulting from Israel's victory in the Six Day War of
1967 should be viewed as an opportunity to destroy al-Aqsa Mosque and
build the Jewish Temple on its ruins (Al-Hout 2005).
But once statehood became the declared objective of the Zionist
movement in the early 1940s, the Jewish leadership fought hard,
diplomatically and militarily, to acquire Jerusalem as its capital. This
leadership also maneuvered strongly to conceal its plans for the city
from 1948 until after the new state of Israel was admitted to the UN in
May of 1949, so as not to confront UN proponents of the
internationalization of the city or aggravate its Jordanian allies.
During that period, Tel Aviv served as the unofficial capital, remaining
to this day the location of the diplomatic missions of all states which
recognize Israel but not Jerusalem as its capital (Wasserstein 2002).
APPROPRIATION OF PROPERTIES AND LAND
When Israel conquered Arab Jerusalem in 1967 and swiftly added it
to its declared capital in what came to be known as West Jerusalem, the
size and the population of the two halves contrasted sharply. West
Jerusalem controlled a municipal area of 38 square kilometers and a
population of 200,000, while Arab Jerusalem, hence forward called East
Jerusalem, consisted of an area of 6.5 square kilometers and a
population of 70,000. Israeli determination to unite the two cities soon
materialized as a program of unprecedented territorial expansion which
incorporated twenty-eight West Bank villages within the city's
boundaries. This expansion adhered to a strict plan of Zionist
settlement whereby land was acquired not by the municipality but by the
Ministry of Housing and the Jewish National Fund and held in the name of
the Israel Lands Authority. The latter held land as the perpetual
property of a quasi-judicial body called "the Jewish people",
which legally barred any non-Jews from acceding to these lands or living
in the newly built settlements. The Israel Lands Authority was created
as a rental agency which does not sell land but only rents it to those
described as "... entitled to the status of immigrant under the Law
of Return" (Coon 2005).
Other expansions within the Old City involved lands and properties
which belonged to the Islamic trusts, or awqaf By April, 1968, the
Israeli Finance Minister, Pinhas Sapir, has allowed the seizure of
ninety-nine acres in the southern part of the Old City, using a 1943
British Ordinance which justified such action when approved for
"public purposes". This turned out to be the first step in the
government's plan to rebuild the Jewish Quarter and repopulate it
with Jewish citizens of the state. The so-called Jewish Quarter, of
which only 20% was occupied by Jews before 1948, was always very small.
But under the 1968 law, 700 buildings were expropriated resulting in the
expulsion of 6,000 Arabs. Thus, whereas Jews have been renters of homes
and shops belonging to Jerusalem's families and its Muslim
charitable awqaf, now they were considered owners with historic and
established property rights (Dumper 1997). For many years, the local
Arab population has considered the Jewish Quarter part of what they
referred to as al-Sharaf Quarter. This portion of the Old City was owned
and inhabited largely by the city's oldest Muslim families who
often had family awqaf in this area. Since the liberation of Jerusalem
by Salah al-Din al-Ayubi when there was no Jewish presence in the city
to speak of, the same area was known as the Kurdish Quarter. In
addition, Arab residents of the city insist today that even the Jewish
cemetery outside of the city's walls, lying along the Jericho-Amman
highway, was also waqf property rented to the Jewish community for the
annual payment of one-hundred golden pounds (Maraqa 1986).
One example of Israel's legal strategy in encroaching on these
Arab properties was the Israeli High Court's decision in 1975,
allowing the expulsion of the Burqan family from their house. The
decision was taken despite the Court's acceptance of irrefutable
proof of the Arab family's ownership, by resorting to the principle
of "public utility" since this would lead, in this view, to
the reconstitution of the "natural ethnic" characteristic of
the Jewish Quarter (Coon 2005). Expropriating other areas of the Old
City has often involved properties known to belong to the Islamic waqf
The most famous of this type of land and property confiscation involved
the demolition of the waqf properties facing the Wailing Wall (the
so-called Moghrabi Quarter) immediately following the cessation of
hostilities after the 1967 June War. This was done in order to widen the
plaza facing the Wall for the use of Jewish worshipers. These particular
demolitions amounted to a rejection of Article 56 of the 1899 and 1907
Hague Conventions, which called for the "Protection of Cultural
Property in Time of War or Military Occupation". Israel, as well as
Jordan, have previously signed the 1977 Geneva Protocol I and Protocol
II (Articles 53 and 16), which prohibit military demolition of cultural
properties. The old Awqaf Administration dating back to the Jordanian
period was extremely weakened by that time due to years of Jordanian
manipulation and control. This same administration, as well as the
Higher Islamic Committee which supervised these Islamic trusts did not
press the issue before the Israeli military or civil courts. Some felt
that this would have produced no results, but most likely neglect was
due to legal considerations. As a Jordanian body, the Awqaf
Administration found it unacceptable to appear as the plaintiff before
the Israeli legal system, which would have entailed recognizing such
Israeli laws as the Absentee Property Law, the basis of much of these
land and property expropriations. Neither did this last of the surviving
Arab institutions within the city assume complete responsibility for the
Arab residents' civil and educational needs when the Israeli
authorities attempted the usurpation of many of the city's Arab
institutions (Dumper 1997). Efforts of these Islamic bodies remained
largely focused on the Islamic holy sites.
The passive and limited action taken by the Jordanian authorities
and the Arab municipal council immediately following the War of 1967 was
similarly based on a strategy of avoiding any public dealings with the
Israeli authorities. Response to Israeli activity in the newly-conquered
city took the form of protest activities targeting international groups
and appeals to Muslim sources of funding, rather than meaningful support
for local acts of active resistance. For instance, after undertaking the
task of collecting the appropriate documentation of Israeli infractions
on international law and directing them to the appropriate UN agencies
such as UNESCO, the last Arab Mayor of East Jerusalem, Rouhi al-Khatib,
turned increasingly to Arab and Islamic states for financial support and
external funding. He pleaded fervently for the activation of resolutions
adopted by the 1986 Baghdad meeting of Foreign Ministers of Islamic
States, calling for gestures of support for Arab Jerusalem. He wrote
that it was time for Arab and Islamic states to replicate the pattern of
building Christian educational and health institutions in the city, such
as Freres School by France, St. George's School by Britain, Schmidt
Girls' School by Germany, various international schools of
archeology, as well as French, Italian, and English hospitals. He also
pointed to Hebrew University and Hadassah Hospital and their combined
impact on the life of the city. He complained of the lack of funding
available to the Joint Jordanian-Palestinian Committee on Jerusalem. He
specifically mentioned the new Islamic Industrial School for Orphans,
begun in 1967 which was still unable to open its doors. Little effort
was made to finance the restoration of ailing Islamic monuments, he
complained, despite successful efforts to forge brotherly ties between
Jerusalem and cities such as Fez, Islamabad, and Ankara.
"Sumud" (perseverance), he pleaded, must by adopted all
Islamic and Arab states (Al-Khatib 1986).
RESPONSE TO THE EXCESSES OF THE OCCUPATION
Documenting Israeli settler violence against the civilian Arab
population of Jerusalem and its surrounding area was often undertaken by
civic groups such as the Arab Graduates' Club of Jerusalem.
Focusing on events in the early 1980s, these reports which culled news
from various newspapers going back to 1975, were attempting to achieve
what no government has achieved. Incidents such as organized acts of
arson against Arab-owned businesses such as bus-companies by groups
calling themselves "Terrorism against Terrorism" received wide
coverage. This same group carried out brazen attacks on vehicles of Arab
journalists and other prominent citizens in broad daylight. There were
also documented attacks on social service offices at Bethlehem's
Dheisheh refugee camp, and more violent and destructive onslaughts by
the Gush Emunim, the powerful Jewish settler organization, which
resulted in the disruption of electrical power supplies to some
villages. Complaints to the responsible Israeli authorities went
unheeded even when incidents in nearby villages such as Sur Baher were
traced to the Jewish settlers of Talpiot who closed water supplies to
the village. Another favorite method of attack by settler groups was to
throw heaps of refuse over fruit orchards belonging to Arab farmers. In
addition, individual Palestinians would always find themselves objects
of random attacks by settler groups. The worst of these attacks targeted
the Arab residents of the Old City in an effort to force them to
evacuate their properties. One such notorious incident involved a woman
by the name of Fatimah Abu-Mayyaleh, who was killed by Yeshiva students.
Families in the Bab al-Silsilah and Aqabat al-Khalidiyyah neighborhoods
were forced out of their homes by similar Israeli religious settler
groups (Arab Graduates Club Reports 1986). Most of these activities by
vigilante groups formed the run-up to the outbreak of the first intifada
which began in December of 1987. The latter 1980s were particularly
dangerous years since responsibility for the West Bank and for Jerusalem
was lost between the Jordanian regime and the PLO, which by 1969 was
reconstituted under Yasser Arafat's leadership. Even though the
Arab League's Rabat Resolution of 1974 had already recognized the
PLO as the "legitimate representative of the Palestinian
people", responsibility for the Occupied Territories remained
diffuse, with the Jordanian regime gradually losing control to the PLO.
The latter's acts of military resistance were not centered on
Jerusalem per se however, and one can even argue that the outbreak of
the first intifada was a spontaneous act which took the PLO by surprise.
It came at a moment of crisis in the organization's history when it
lost control of its bases in Lebanon and was forced to relocate its
headquarters to Tunis. Indeed, the intifada permitted the PLO to shift
its focus from the losing Lebanese theater to the Occupied Territories
where a new front was opening up. At the same time, the Palestinian
grassroots resistance groups in the West Bank and Gaza were in urgent
need of the PLO's military and financial support after years of
neglect in favor of the Lebanese theater (Talhami 2001).
Jerusalem was never designated as a special issue deserving of a
separate strategy. Already burdened with the largest settlement
expansion program in the Occupied Territories, the city's
Palestinian workers were forced to work in the construction of the same
settlements which usurped their land due to the lack of meaningful
financial support by the PLO. Annual reports filed by the International
Labor Organization (ILO), have made it clear beginning in 1979, that
Palestinian workers were being exploited by their Israeli employers but
lacked an alternative form of employment. A phenomenon dating back to
the earliest years of the occupation, this kind of employment was an
economic necessity for most workers following the early months of
unemployment immediately after the end of the June War of 1967. Not only
the Arab workers in Jerusalem but also those in the West Bank were
forced to work in construction, which largely meant settlement building,
while Gaza's workers were employed in the industrial and
agricultural sectors within Israel proper (Bseiso 1986). Until the
second intifada and the building of the Separation Wall and the network
of checkpoints which impeded population movement in and out of
Jerusalem, the majority of the construction workers came from the
settlements' surrounding villages. These were driven to accept such
employment largely due to the loss of agricultural lands to the
settlements (Dumper 1997). All of the PLO's wealth never found its
way to these workers whose employment in the settlement construction
business remains a sour point with the majority of Palestinians today.
Israeli settlement activity continued inside the Old City and
throughout the metropolitan area of Jerusalem largely due to the
availability of a large pool of cheap Arab labor. It should be recalled
also that the building of Jewish settlements in the Jerusalem area
preceded 1967 and was always made possible due to this available
manpower. Beginning with the settlement of Romina, built due to the
efforts of Palestine's first High Commissioner, Sir Herbert Samuel,
in 1921, there were twelve such settlements by 1948. On the eve of the
1967 June War, these Jewish settlements built on the western outskirts
of the city rose to sixty-four. Former Arab villages were later
incorporated within West Jerusalem, such as Deir Yassin, al-Malha, Ein
Karem, and Belt Safafa. Since 1967, Palestinian lands seized by the
Israeli authorities in East Jerusalem alone totaled anywhere between 85%
and 90% of the Arab city's land area. This was followed in recent
years by an efficient program of bureaucratic cleansing which managed to
reduce the number of Palestinian holders of Jerusalem I.D. cards by
about 11,000. As many as 220,000 Palestinian Jerusalemites who lost
their right of residency within the city's boundaries may never
recover their I.D. cards in the future (A1-Hout 2005). Much of the
publicity surrounding this Israeli plan to thin out the Arab population
of Jerusalem was carried out by the Middle East Committee of the
American Friends Service Committee in conjunction with a number of
international and other Arab NGOs.
THE HIGHER ISLAMIC COMMITTEE
No agency systematically attended to preserving Palestinian rights
in Jerusalem, both Christian and Muslim, as did the Higher Islamic
Committee. Born in 1967, after suffering the detachment of Jerusalem and
the West Bank from Jordan, this Committee acted as the collective will
of the people of Jerusalem. The Committee achieved multiple victories,
despite its reticence to pursue its claims before the Israeli civil
courts. Fearful of legitimizing the occupation regime, these religious
Islamic scholars preferred to perform acts of collective resistance
imaginatively and independently. Among their achievements was the
purchase of a large number of properties in the Old City and elsewhere
in order to prevent their sale to Israeli settlers. These properties
would then be converted into waqf for the benefit of the entire
community. Under the leadership of Sheikh Ikrimah Sabri, the
Committee's jurisdiction was extended to cover the entire West Bank
and Gaza and added members from outside the city, thereby restoring the
city's status as the religious and cultural capital of Palestine.
And when Benjamin Netanyahu's Government shuttered the remaining
Palestinian institutions in the city, including the Islamic Fetwa
Office, Sheikh Sabri came up with a novel solution in order to continue
serving the citizens of this city. The Committee established a residence
within the Old City (near al-Silsilah Gate) identifiable by a sign which
read "Office of al-Aqsa Preacher". More importantly, the
Committee fought a long battle against Israeli efforts to undertake
repairs and archeological work beneath the structure of the Aqsa Mosque.
The Committee continuously fought to expand the recognized boundaries of
al-Aqsa in order to include the surrounding gates, the walls and plaza
and assert its exclusive right to undertake any structural repairs in
accordance with the Status Quo Law. All of this was done without any
support from the Jordanian Ministry of Religious Trusts or the PNA
Government in Ramallah. This was truly an instant of a people's
efforts to preserve their religious institutions and autonomy by their
own unassisted efforts (Abbad 2007).
NEGOTIATING THE FUTURE OF JERUSALEM
The process of turning Jerusalem into a Jewish city and demolishing
or repossessing most of its Arab and Islamic cultural sites continued
even after the PLO's participation in the Madrid, and later, the
Oslo peace talks. Highlighting these changes and recommendations to
reverse them came from non-PLO sources. Palestinian historian Walid
Khalidi raised this issue in a 1999 conference of pan-Arab Town Planners
held at Beirut by calling for the creation of a $5 billion fund
specifically earmarked for the preservation of Arab Islamic Jerusalem
(Khalidi 2000). The building of two large settlements in particular
accelerated even during the Clinton Administration's second term of
office and its visible involvement in bringing Palestinians and Israelis
to the peace table. Following the signing of the Protocol Concerning
Redeployment in Hebron in January 1997, which entailed renewing the
commitment of both parties to the Oslo peace process, the Israelis
announced their intention to build new housing units at Jabal Abu-Ghneim
and Ras al-Amoud. This project entailed a forcible seizure of homes by
militant Israeli settlers who later relinquished them to Yeshiva
students (Cotran 2005).
Resistance to Israelis on the part of the local population
continued with minimal support from the PLO, and later, the PNA. Nowhere
was this form of peaceful resistance more visible than in the
Shu'fat refugee camp north of the city. In 2004, Jerusalem's
mayor, Uri Lupoliansky, along with other city officials came up with a
plan to relieve overwhelming crowding within the Old City. The
municipality announced that a special fund has been set up to relocate
the Arab residents of the Old City to Shu'fat, which would be
subjected to rehabilitation. Jerusalem's Arab NGOs, such as the
Jerusalem Center for Social and Economic Rights (JCSER), accused the
Israelis of harboring such intensions since 1967, which would permit
municipal authorities to wrest control of more Arab lands. Shu'fat,
which has been prevented from expanding "due to the growth of the
adjacent Jewish settlements of Pisgat Zeev and French Hill, was
originally constructed by the Jordanian authorities in order to absorb
Palestinian refugees removed from the Old City in 1966. At the time, the
Israeli government protested the rental of vacant Jewish homes within
the Old City to Palestinians who fled their villages west of the city in
1948. With a population of 30,000 in an area of no more than 210 dunams
(52.5 acres), the refugee camp was hardly capable of absorbing any new
additions. The usual camp problems of poor sanitation and unsteady water
and electricity supplies plagued its inhabitants, and its serious drug
problem led some to refer to it as "Chicago". To this day,
residents of the camp continue to complain of dismal municipal services
despite the fact that they are the only refugee camp which pays a
municipal tax. Being under the auspices of UNRWA (UN Relief and Works
Agency), Shu'fat is prohibited from expanding beyond its original
area. In the meantime, the Arab residents of the Old City have also
witnessed the implantation of 3,000 Jewish religious settlers in their
old buildings. Israeli officials apparently hope to unburden themselves
of their excess Arab population by dumping them on Shu'fat in the
interest of improving some of the Old City's neighborhoods (Baker
2004). Due to its history of resistance during the first intifada,
Shu'fat was a candidate for demolition at one time when Teddy
Kollek was the mayor. Since the creation of the Palestinian autonomous
government structures, the PNA has taken over some programs in the camp
whenever UNRWA curtailed its projects. But neither the PNA, nor UNRWA
managed to establish the camp's independence from the local Israeli
economy. Shu'fat's residents continue to eek employment in the
Israeli labor market (Talhami 2003).
The PLO continued to claim that it had received the Israelis'
commitment to withdraw from Jerusalem after the signing of the DOP
agreement. Hassan Asfour, a member of the Oslo negotiating team and the
most ardent supporter of the peace accords, claimed in an article in
1993, that a new precedent had been set by the PLO, namely gaining
Israel's commitment to withdrawal from the entire West Bank and
East Jerusalem, in accordance with Security Council Resolution 242
(Asfour 1993). The PNA, in reality, had managed to float some unusual
ideas in secret talks with the Israelis which later jeopardized its
credibility as an upholder of Arab rights in the eyes of the Palestinian
public. In the Beilin-Abu Mazen Paper, Mahmoud Abbas (aka Abu Mazen) was
later revealed to have negotiated a deal over Jerusalem's future
with Yossi Beilin, Minister of Justice in Yitzhak Rabin's cabinet,
apparently with Arafat's approval. Although he always denied the
existence of such an agreement, Abu-Mazen's deal was later
published in several Israeli and American publications. It was revealed
that Beilin agreed to persuade his government to recognize a
municipality for Arab Jerusalem. This would be treated as the capital of
a future Palestinian state, except that it would be located in one of
the neighboring villages of Abu-Dis, Azariya, or al-Ram (Usher 2000).
When Abu-Dis and surroundings were later proposed as a substitute
capital by Clinton and Ehud Barak at the Camp David II negotiations,
Walid Khalidi, a prominent Palestinian historian, voiced what most
Palestinians felt by objecting to such a deal. He wrote, addressing
Arafat:
Jerusalem is not your responsibility only. It is bigger than you,
Clinton and Barak put together. It transcends the bilateral framework of
Palestinian-Israeli relations. It is the responsibility of billions of
Christians and Muslims. If they tell you Abu Dis, tell them you can also
suggest a colony from which Jerusalem can be seen. Its name is Givat
Shaul Bet. Its Arabic name used to be Deir Yassin. Your duty, Chairman
Arafat, is to press with all your strength and vigor for an honorable
and equitable solution. Absent such a solution, you should pull out your
strongest card: the two letters NO (Khalidi 2000).
Arafat, in reality, never struck out for Jerusalem, although he
resisted all kinds of pressure at Camp David II to relinquish Islamic
rights to the city. Once established at Gaza, his attention to the
deteriorating conditions in Jerusalem waned. Eventually, Ramallah
emerged as the PNA's de facto capital. It could be argued, however,
that he despaired over regaining any representation in Jerusalem to such
a degree that he eventually used it only as a venue for neutralizing his
political rivals. One of these was Faisal Husseini, the only
Jerusalemite to have been allowed by the Israelis to join the
Palestinian-Jordanian negotiating team at Madrid and who later held the
PLO's Jerusalem file. Eventually, his duties within the city were
severely curtailed, until the Netanyahu government managed to secure the
closing of the Orient House, the semi-official headquarters of the PNA.
Other Palestinian institutions in the city, such as the land and water
companies, were also seized (Suleiman 2003). Arafat not only entrusted
the Jerusalem file later on to a much lighter political figure like Sari
Nusseibeh, he also continued to maintain his silence when his deputy,
Mahmoud Abbas, publicly called for a new deal on Jerusalem and the
refugees (Masoud 2002). The PNA also continued to waver publicly on the
issues of Jerusalem and the refugees' right of return, which made
it appear as though one could be exchanged for the other. But in the
end, Arafat resisted efforts by Barak and Clinton to have him relinquish
control of parts of East Jerusalem and al-Haram al-Sharif area (Hussein
2005). Moreover, extracting a favorable deal on Jerusalem was never a
PLO priority during the Oslo talks. As both the issues of Jerusalem and
the refugees' fight of return were relegated to the final status
stage of the negotiations, the Israelis speeded up their illegal
settlement building efforts and the assassination of grass-roots
Palestinian leaders. The expropriation of Arab lands in the Jerusalem
area and accusations of Palestinian land sales to Israelis prompted the
Mufti of Jerusalem, Sheikh Ikrimah Sabri, to issue a fetwa forbidding
such sales. The fetwa, issued in 1996, prohibited the sale of land and
property to Arabs or Jews (A1-Hout 2005).
HAMAS
Hamas, whose existence dates to the first intifada towards the end
of 1987, had developed a public position on the sanctity of all of
Palestine, and not only on Jerusalem as stated in its 1988 Charter. All
Palestine was a waqf, it was declared, and no part of it could be ceded
to the enemy in any negotiations. All Palestine was incorporated as a
waqf in the name of all generations of Muslims until the Day of
Judgment. Hamas made it clear that the task of liberating Palestine does
not rest on a specific order of priority as was the case with the PLO.
Article 14 of Hamas' Charter refers to the liberation of Palestine
as a process in three stages: the Palestinian, the Arab, and the
Islamic. Each one of these groups bears a special responsibility in the
wider struggle against Zionism, and it would be a grave error to ignore
or leave out any one of these areas. This is due to Palestine's
sanctity as an Islamic land, encompassing the first qiblah, the third
holiest mosque, and the land from which Muhammad ascended to heaven.
Thus, the liberation of Palestine is a duty for every Muslim wherever he
resided. Under Article 15, the Hamas Charter reminds Muslims that when
the enemy has usurped the land of Muslims, then the jihad in the
interest of liberating these lands becomes a sacred Islamic duty. This
necessitates raising the banner of jihad which requires disseminating
Islamic consciousness among local, Arab, and Islamic publics alike. The
same Article emphasizes the need to strengthen the Palestinian question
in the consciousness of all Muslim generations as a religious question,
demanding a religious solution, since it has within its boundaries
Islamic sites such as al-Aqsa Mosque, forever linked with
Muhammad's ascension to heaven. Unlike the PLO, which moved from
seeking a historic solution in Palestine to a solution of phases, Hamas
distinguishes between an imminent and a deferred solution. The latter,
which would be based on a Palestinian state in the West Bank and Gaza as
an interim solution may actually result in a cease-fire. Ultimately, all
Palestine, "from the sea to the river" will be liberated. Not
a single organization or state, not a single leader or king, has the
right to dissipate this title to the Palestine waqf All of the
declarations of Hamas have asserted that "Palestine was an
indivisible whole, from its north and its south, to its coast or
mountain, its sea and its river" (Horoub 1997).
HAMAS AND PALESTINE'S CHRISTIANS
By 1995, Hamas began to articulate the vision of a Palestinian
state established on any liberated territory in Palestine, as long as
the other parts of the national territory were not given up. The idea of
liberating Palestine in stages, however, remained suspect, especially in
the wake of the Oslo Agreement which totally ignored the question of
Jerusalem. Though critical of the PLO's deferment of the Jerusalem
issue until a much later time according to the Oslo timetable, in
reality Hamas itself did very little towards focusing national attention
on the Jerusalem issue. There was the occasional public rally held by
the Palestinians in the Triangle area within Israel, which saw the
leadership of Hamas decry Israeli encroachment on Arab territory in the
Jerusalem area, but not much else. Hamas, however, made up for its
banishment from Jerusalem and its geographic distance from the holy city
by nurturing excellent relations with the Christian Palestinian
population in general, many of whom claim a special attachment to the
Christian holy sites in Jerusalem. Significantly, whenever the officials
of Hamas extend greetings to Palestinian Christians on the occasion of
their religious holidays, Omar's pact which pledged protection to
Christian churches and properties in the holy city is brought up.
Reference to Omar's legacy in Jerusalem becomes a convenient tool
with which to illustrate Islam's historic pledges of protection to
Christians and Jews living under Muslim rule. In its 1988 declaration
titled: "The Movement's Policy toward Palestine's
Christians", Hamas affirmed that Christians are part of the
Palestinian people and the Arab nation. They were entitled to the same
civil rights as the rest of the Palestinian people. Hamas calls on
Palestinians to share in celebrating Christian holidays, and calls on
Christians not to emigrate under the pressure of Israel's brutal
treatment. In that spirit, Hamas has cancelled one of its strike days in
1990 when it realized that it coincided with the date of the birth of
Jesus. It has also publicly condemned Zionist attacks on the properties
of the Greek Orthodox Church in the holy city in 1990 (Horoub 1997).
HAMAS' BASES OF SUPPORT
In terms of the reality on the ground, however, the presence of
Hamas within the holy city has always been tenuous. Its support base has
always been limited to the membership of the Workers' Union of the
Jerusalem Electrical Company, elected student bodies at Jerusalem
University, and among workers in al-Maqasid Hospital. This base of
support pales in comparison with what the PLO controls in Jerusalem and
what Hamas itself controls within the Gaza Strip. The position of Hamas
on Jerusalem suffers additionally from its historical rhetoric in which
the city's significance is reduced to its religious symbolism for
the overarching religious conception of the Islamic state. The struggle
to maintain the Arab and Islamic character of the city, however,
requires repeated reference to international obligations and
international law. In recent years, Hamas has been increasingly inclined
to establish contact with foreign governments and express approval of
specific UN resolutions favorable to the Palestinian position. Some
specific UN resolutions, such as 242 and 338, have received much
criticism from Hamas because they overlook the necessity of Palestinian
statehood. Hamas' interaction with international organizations and
its attendance at international forums, however, has been limited
thereby weakening its ability to defend the rights of Jerusalem's
population (Horoub 1997).
Since Hamas' victory at the polls and its subsequent break
with the PNA and its confinement to Gaza, its ability to exercise
influence over the fate of Jerusalem has been severely limited. In the
meantime, the general condition of Jerusalem's Arab population
continues to deteriorate, but no help is forthcoming either from the PNA
or Hamas. For instance, it was reported in September of 2007 that 66% of
all Palestinian families in East Jerusalem and 76% of all Arab children
live below the official poverty line. The Palestinians, who now comprise
34% of Jerusalem's total population, are thus over-represented in
the ranks of the city's poor, to the tune of 56% of the city's
total population ("Poisoning the Souls"). The preoccupation of
these two centers of power, the PNA and Hamas, with their political
struggle was bound to provide the Israeli authorities with unusual
opportunities for altering the status of the city's sacred space.
In February of 2007, a crisis was reached when the Israelis began to dig
a tunnel below al-Aqsa Mosque, which exposed a previously-dug tunnel
beneath the Dome of the Rock. As Palestinian protests spread, Israeli
troops were deployed throughout the Old City, particularly near the
Moghrabi Quarter. Palestinian students and Muslim worshippers were
prevented from entering the Old City. Major protests were issued by
al-Aqsa Association for the Protection and Development of Islamic Holy
Sites, which accused the Israeli Antiquities Department of protecting a
private religious Jewish organization, Atarit Cohanim responsible for
these projects. This was the latest infringement on the Islamic holy
sites by similar groups and a blatant rejection of the Status Quo Law by
the Israeli authorities (Amourah 2007). By undertaking this work, the
Israelis, private citizens and the government, were also infringing on
the authority of the Islamic Waqf Administration which has the sole
responsibility for authorizing such digs (Morris 2007). Preoccupied with
a bitter military struggle over the fate of Gaza, neither the PNA, nor
Hamas, have showed any interest in the matter as of late. Demonstrations
by the aggrieved Arab residents of the city and their local
organizations marched against these illegal and threatening
archeological digs but without any official support from either of these
two Palestinian parties ("Man yadfaa' ..." 2007).
CONCLUSION
Arab Jerusalem seems to be destined to suffer victimization due to
Arab, and even Palestinian neglect. One writer recently commented that
"if al-Aqsa was truly to collapse over the heads of its Muslim
worshippers one day, Arab states would only send a memorandum of protest
to the Security Council" (A1-Jundi 2007). This passing remark,
though intended to be sarcastic, should actually arouse interest in the
Security Council and what it should have done to protect the rights of
the Arab people of Jerusalem. The truth of the matter is that both the
PNA and Hamas have long abandoned any effort to seek an international
solution for Jerusalem. This may be the natural outcome of abandoning
the internationalization issue, which, though conceived within the walls
of the world organization, has been overtaken by the Palestinian demand
for statehood and establishing Arab Jerusalem as the capital of such a
state. Yet, the Palestinians in their various ideological factions
remain strangely immune to an understanding of where the city ranks
within the politics of the world organization. Even the struggle for
statehood, which has been waged diplomatically and militarily since the
first intifada seems to have relegated Jerusalem's fate to the
backburner. But this incremental approach to peace making has also
failed, which is a testimony to the tenacity of the Israeli state and
its determination to convert Jerusalem into its own ethnically
homogenous capital.
It should also be clear that responsibility for Jerusalem, or at
least for the protection of its holy sites, is divided among many
groups, including the PNA, the Jordanians, the Organization of the
Islamic Conference, the Saudis, the Arab League of States, and the UN.
The latter, with a history of involvement in the Palestine question, has
never superseded General Assembly Resolution 181 and its call for the
internationalization of Jerusalem. As such, it should have been held
accountable for the deterioration of the status of the Arab residents of
the city and the loss of protection for its holy sites.
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Ghada H. Talhami is D.K. Pearsons Professor of Politics Emerita at
Lake Forest College, Illinois.