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Reprinted with the permission of Prof. Nahum Rakover, Former Deputy Attorney General of the State of Israel, from "Jerusalem:  City of Law and Justice -- Proceedings of the Third International Seminar on The Sources of Contemporary Law, Jerusalem, July, 1996" (published by the Library of Jewish Law, Jewish Legal Heritage Society, Ministry of Justice)

 

JERUSALEM:  THREE-FOLD RELIGIOUS HERITAGE FOR A CONTEMPORARY SINGLE ADMINISTRATION

Address by Sheikh Professor Abdul Hadi Palazzi to the Third International Seminar on The Sources of Contemporary Law held in July, 1996 in Jerusalem

With Opening Remarks by Prof. Nahum Rakover, Former Deputy Attorney General of the State of Israel

JERUSALEM, Yom Chamishi (Fifth Day -- "Thursday"), 2 Adar, 5759/February 18, 1999, Root & Branch:

Opening Remarks by Professor Nahum Rakover, Former Deputy Attorney General of the State of Israel:

"Mr. Presiden; President of the Supreme Rabbinical Court Rabbi Eliyahu Bakshi-Doron; your Honors President of the Supreme Court Prof. Aharon Barak, State Comptroller Mrs. Miriam Ben-Porat and Justice Moshe Landau; Chief Rabbis of Jerusalem and Haifa; Minister of Justice Prof. Yaakov Ne'eman; President of the Israel Bar Association Mr. Dror Hoter-Ishai and President of the New York County Lawyers' Association Mr. Klaus Eppler; Supreme Court Justices past and present, including our friend and colleague Justice Haim H. Cohen; Religious Court Judges; Rabbis, Magistrates, Ladies and Gentlemen.

This is the third in a series of seminars devoted to the contribution of Jewish Law to modern legal systems.  Like its predecessors, this seminar is being held under the auspices of the Israel Ministry of Justice and under the aegis of the Hebrew University of Jerusalem, the Israel Bar Association and the New York County Lawyers' Association.  The participants have come from fourteen countries and are of different faiths -- Jews, Christians and Muslims.

Our topic is Jerusalem -- City of Law and Justice.  There is surely no need to elaborate on the special relationship between Jerusalem and Law, Jerusalem and Justice.  It was the Jewish People who gave the world the basic values of law and justice, of human rights.

Our object in this seminar is to stress the contribution of Jewish sources not only to the classical legal systems -- that contribution is now a matter of common knowledge -- but also, and in particular, the vital significance of Jewish law and sources for modern jurisprudence, here and now.  We tend at times to place greater emphasis on what we have received from others, and less on what we have and what we have given to other nations.

I would like to think that one outcome of this gathering, as of its predecessors, will be the realization that the legal systems of many other nations have taken up and assimilated ideas originally propounded in Jewish Law; in many cases, our own system has given birth to ideas that other nations were at first unwilling or unprepared to embrace.  I am indeed convinced that much of contemporary Jewish Law will ultimately find its way into the legal systems of the world at large.

Jerusalem -- that same Jerusalem which is constantly occupying the forefront of the national and internatinal stage -- has always been the City of Law and Justice.

I DO NOT WISH TO BORE YOU, AND NEITHER WOULD IT BE PROPER TO MENTION ONLY SOME OF OUR SPEAKERS.  NEVERTHELESS, I WOULD LIKE TO REFER SPECIFICALLY TO ONE LECTURE, THAT OF OUR DISTINGUISHED VISITOR, PROF. ABDUL HADI PALAZZI OF ROME.  PROFESSOR PALAZZI, DIRECTOR OF THE ISTITUTO CULTURALE DELLA COMUNITA ISLAMICA ITALIANA IN ROME, WILL SPEAK ON THE SANCTITY OF JERUSALEM TO THE JEWISH PEOPLE.  THE SOURCES HE INTENDS TO QUOTE, FROM BOTH THE BIBLE AND THE QUR'AN, INDICATE THAT, JUST AS MECCA IS SACRED TO ISLAM, SO IS JERUSALEM SACRED TO JUDAISM.  HE SEES NO CONTRADICTION IN THE FACT THAT JERUSALEM, ALSO SACRED TO THE MUSLIMS, SHOULD BE UNDER JEWISH SOVEREIGNTY.  AS HE TELLS US, HE IS NO POLITICIAN; HE IS MERELY GIVING US THE BENEFIT OF HIS OPINION AS A THEOLOGIAN, A RELIGIOUS SCHOLAR:  THERE IS NOTHING WRONG, HE SAYS, WITH JERUSALEM BEGING THE UNDIVIDED CAPITAL OF THE JEWISH STATE,
UNDER ISRAELI SOVEREIGNTY.  HERE IS AMPLE ILLUSTRATION OF MY CONVICTION THAT OUR IDEAS MAY BE CORROBORATED FROM VARIOUS DIRECTIONS.  AND THIS IS, I REPEAT, ONLY ONE OF THE TOPICS TO BE DISCUSSED HERE.

I am indebted to President Weizman for hosting the opening session of the seminar.  Let me express the hope that our discussions will be interesting and fruitful. Prof. Nahum Rakover

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JERUSALEM:  THREE-FOLD RELIGIOUS HERITAGE FOR A CONTEMPORARY SINGLE ADMINISTRATION

by Sheikh Professor Abdul Hadi Palazzi

Any discussion of the problem of soveignty over Jerusalem necessarily means involvement in a kind of investigation that has political, cultural, psychological and religious implications.  For a Jew or a Muslim, religious or secular, thinking of Jerusalem means to feel reason and sentiment mingled together.  In this paper I do not want to enter into specific features directly connected with politics but, as a Muslim scholar and a man of religion, only to try and determine whether, from an Islamic point of view, there is some well-grounded theological reason that makes it impossible for Muslims to accept the idea of recognizing Jerusalem both as an Islamic holy place and as the capital of the State of Israel.

First, I would like to underline that the idea of considering Jewish immigration to Eretz Israel as a western "invasion" and Zionists as new "colonizers" is very recent and has no relation to the basic features of Islamic faith.  According to the Qur'an, no person, people or religious community can claim a permanent right of possession over a certain territory, since the earth belongs exclusively to God, Who is free to entrust sovereign right to everyone He likes and for as long as He likes:

"Say:  'O God, King of the kingdom, Thou givest the kingdom to whom Thou pleasest, and Thou strippest off the kingdom from whom Thou pleasest; Thou endurest with honour whom Thou pleasest, and Thou bringest low whom Thou pleasest; all the best is in Thy hand.  Verily, Thou hast power over all things."  (Qur'an, Sura 3:26)

From this verse one can deduce a basic principle of the monotheistic philosophy of history:  God can choose as He likes as to relationships between peoples and countries; sometimes He gives a land to a people, and sometime He takes His possession back and gives it to another people.  In general terms, one might say that He gives as a reward for obedience and takes back as a punishment for wickedness, but this rule does not permit us to say that God's ways are always plain and clear to our understanding.

The idea of Islam as a factor that prevents Arabs from recognizing any sovereign right of Jews over Palestine is quite recent and can by no means be found in Islamic classical sources.  To see anti-Zionism as a direct consequence of Islam is a form of explicit misunderstanding which implies the transformation of Islam from a religion into a secularized ideology. This was originally done by the late Mufti of Jerusalem, Amin al-Husseini, who was responsible for most of the Arab defeats and during World War II collaborated with Adolf Hitler.  Later, Jamal el-Din Abd el-Nasser based his policy on Pan-Arabism, hate for the Jews and alliance with the Soviet Union.  All these doctrines were the real cause of Arab backwardness, and most of Nasser's mistakes were afterwards corrected by the martyr Anwar Sadat.  After the defeat of Nasserism, the fundamentalist movements made anti-Zionism an outstanding part of their propaganda, trying to describe the so-called "fight for liberation of Palestine" as rooted in Islamic tradition and derived from religious principles.

This plan for ideologization of Islam as an instrument of political struggle nevertheless encounters a significant obstacle, since both Qur'an and Torah indicate quite clearly that the link between the Children of Israel and the Land of Canaan does not depend on any kind of colonization project but directly on the will of God Almighty.  As we learn from Jewish and Islamic Scriptures, God, through His chosen servant Moses, decided to free the offspring of Jacob from slavery in Egypt and to make them the inheritors of the Promised Land.  Whoever claims that Jewish sovereignty over Palestine is something recent and dependent on political machinations is in fact denying the history of revelation and prophecy, as well as the clear teaching of the Holy Books.  The Qur'an cites the exact words in which Moses ordered the Israelites to conquer the Land:

"And [remember] when Moses said to his people:  'O my people, call in remembrance the favour of God unto you, when he produced prophets among you, made you kings, and gave to you what He had not given to any other among the people.  O my people, enter the Holy Land which God has assigned unto you, and turn not back ignominiously, for then will ye be overthronw, to your own ruin."  (Qur'an, Sura 5:22-23)

Moreoever -- and fundamentalists always forget this point -- the Holy Qur'an quite openly refers to the reinstatement of the Jews in the Land before the last judgment, where it says:

"And thereafter We said to the Children of Israel:  'Dwell securely in the Promised Land.'  And when the last warning will come to pass, We will gather you together in a mingled crowd."  (Qur'an, Sura 17:104)

The most common argument against Islamic acknowledgement of Israeli sovereignty over Jerusalem is that, since al-Quds is a holy place for Muslims, they cannot accept its being ruled by non-Muslims, because such acceptance would be a betrayal of Islam.  Before expressing our point of view about this question, we must reflect upon the reason that Jerusalem and the al-Aqsa Mosque hold such a sacred position in Islam.  As everyone knows, the definition of Jerusalem as an Islamic holy place depends on al-Mi'raj, the Ascension of the Prophet Muhammad to heaven, which began from the Holy Rock.

While remembering this, we must admit that there is no real link between al-Mi'raj and sovereign rights over Jerusalem, since when al-Mi'rah took place the City was not under Islamic, but under Byzantine administration. Moreover, the Qur'an expressly recognizes that Jerusalem plays the same role for Jews that Mecca has for Muslims.  We read:

"...They would not follow thy direction of prayer (qibla), nor art thou to follow their direction of prayer; nor indeed will they follow each other's direction of prayer..."  (Qur'an, Sura 2:145)

All qur'anic commentators explain that "thy qibla" is obviously the Kaba of Mecca, while "their qibla" refers to the Temple Area in Jerusalem.  To quote just one of the most important of them, we read in Qadi Baydawi's Commentary:

"Verily, in their prayers Jews orient themselves toward the Rock (sakhrah), while Christians orientated themselves eastwards..."  (M. Shaykh Zadeh, "Hashiyya ala tafsir al-Qadi al-Baydawi", Istanbul, 1979)

As opposed to what "Islamic" fundamentalists continuously claim, the Book of Islam -- as we have just now seen -- recognizes Jerusalem as the Jewish direction of prayer; some Muslim exegetes also quote the Book of Daniel as proof of this (Daniel 6:10).  After exhibiting the most relevant qur'anic passages in this connection, one easily concludes that, as no one wishes to deny Muslims complete sovereignty over Mecca, from an Islamic point of view there is no sound theological reason to deny the Jews the same right over Jerusalem.

If we consider ourselves as religious men, we must necessarily include justice among our qualities.  As regards the argument, we have to admit that the same idea of justice requires that we treat Jews, Christians and Muslims equally.  No community can demand for itself privileges that it is not ready to recognize to others.  We know that Roman Catholics consider Rome their own capital, and the fact that that city has the largest mosque in Europe and an ancient Jewish community does not alter its role as the center of Catholicism.  Even more can be said of Mecca:  it is the main religious center for Muslims the world over and is completely under Islamic administration.  Respecting this principle of fair-mindedness, we necessarily conclude that the Israelis as a nation and the Jews as a religion must have their own political and ethical capital, under their sole administration, even though it contains certain places regarded as sacred by the other two Abrahamic faiths.

To my mind, this is the only realistic ground for any discussion of the future of the Holy City.  The other parties must understand that Jews will never agree to have less rights than the other religions, andthat Israelis will never agree to see David's City divided into two parts.  If everyone was happy to see the Berlin Wall destroyed, it was because the very idea of forced separation within a single city is something offensiveto human sensitivity.  We cannot even think of creating another Berlin in the heart of the Middle East.  Of course, the idea of "two Jerusalems", if ever realized, will by no means be a solution, but a source of new troubles and conflicts.

It is quite clear that the future of Jerusalem must depend on a general agreement, and in our opinion the only reliable partners for Israel seem to be the Holy See and the Hashemite Kingdom of Jordan.  They must understand that Israelis will never agree even to discuss the possibility of dividing their capital and spiritual center, while Israel must grant them considerable autonomy in the administration of their respective Holy Places.  Those who speak of Jerusalem as the future capital of "two different states" know very well that this kind of proposal has no basis in reality.  It is time to suggest imaginative solutions, to become involved in a global project for the development of the Middle East as a whole, so that peaceful coexistence with Israel can make a real contribution to overcoming the backwardness of most of the Islamic countries.

The administration of the Holy Places in Jerusalem is a quite complicated issue, and it is ot possible here to enter into details.  We would nevertheless like to mention something that appears unbearable for any person of religious consciousness:  the fact that at present the Islamic adminstration of bayt al-maqdis permits Jews to visit the Temple Mount, but not to pray there.  There are special officials in the area whose taks is to ensure that Jewish visitors on the Temple Mount are not moving their lips in prayer.  To my mind, this is clearly opposed to Islamic prescriptions and rules.  We have seen that the Holy Qur'an declares the Rock a qibla for Jews; how, then, is it possible that -- in the name of Islam -- someone dares to forbid Jews to pray in the place that God has appointed as their qibla?  This is a clear example of a case in which pseudo-religious principles may work against the real spirit of religion. Moreover, we must ask:  is it possible for someone who believes in God to forbid another human to pray?  What kind of religion can let us interfere in the relationship between the Creator and His creature?  On this point the Qur'an says:

"When My servants ask thee concerning Me, I am indeed close to them:  I answer the prayer of every suppliant who calleth on Me..."  (Qur'an, Sura 22:186)

This verse explains that God is always close to His servants when they are praying.  Wherever we are and whoever we are, according to the Qur'an we can be sure that God is listening to our prayers and will answer them, although, of course, we are not always able to understand His response. This being the case, no-one who believes in God can possibly prevent others praying, notwithstanding the fact that they belong to another religious tradition.  The very idea of opposing someone's prayers reveals a really deep lack of faith.

As to Jewish-Muslim relationships, we heartily agree with the decision of Samuel Sirat, President of the Council of European Rabbis:  till now inter-religious dialogue has been hampered by political reasons; but, from a theological point of view, dialogue between Jews and Christians is easier than, say, dialogue between Jews and Christians.

In the past, Ibn Gabirol [Avucebri], Maimonides, Ibn Sina [Avicenna] and Ibn Rushd [Averroes] were not isolated intellectuals, but part of an intercommunication game that went beyond confessional links.  If we reflect on the level of inter-religious dialogue in past centuries, we must frankly admit that in this respect we have been moving backwards.  True, one can blame this on the political situation, but that does not free intellectuals and men of religion of their responsibility.  Today, looking toward the future, we must again create the same kind of intellectual atmosphere, till it will become common for Islamic theologians to read Buber and Levinas, and for Jewish scholars to study the works of Sha'rawi and Ashmawi.

Israeli intellectuals, for their part, must be ready to understand that a new attitude is emerging among some Islamic thinkers.  Many of us are now ready to admit that hostility for Israel has been a great mistake, perhaps the worst mistake Muslims have made in the second half of this century. For those Muslim leaders who live in Europe, in democratic countries and not under dictatorship, this declaration is not so dangerous as for those of our brothers who live in the Arab countries.  We know that, in those countries too, there is a certain part of the educated population that does not blindly accept anti-Israel propaganda; but freedom of expression is considerably limited in those countries.  It is very important for us to verify that we are not alone in our cultural activity, in our efforts not to repeat past mistakes; we must know that there is someone else who appreciates and shares our goals.

Readiness to understand the signs of the times means that we must recognize that times are ready for Jews and Muslims to recognize each other once again as a branch of the tree of monotheism, as brothers descended from the same father, Abraham, the forerunner of faith in the Living God.  In the field of comparative studies, there are broad prospects for common work. We can investigate the past and understand the common features in the development of Kabbalah and Tasawwuf, or study the mutual influence of Jewish Halakhah and Islamic Sharia.  Apart from these examples, our general guideline must be the principle that, the more we discover our common roots, the more we can hope for a common future of peace and prosperity.

Sheikh Professor Abdul Hadi Palazzi