Islam allows Muslims to place property (land or any object) into a “Waqf”. By doing so, the item comes under the trusteeship of the party specified in the declaration. In the case of the al Aqsa Mosque, the building is considered to be for the public use of all Muslims under the administration of the Jordanian Waqf.
When the al Aqsa mosque was taken over by Crusaders in the 12th century, the place did not lose its special status for Muslims. As stated in Issue 2697: ““If the Waqfed property is ruined, its position as Waqf is not affected, except when the Waqf is of a special nature, and that special feature ceases to exist. For example, if a person endows a garden and the garden is ruined, the Waqf becomes void and the garden reverts to the heirs of the person.”
Properties or entities like the Old City of Jerusalem or the Temple Mount itself can be subdivided according to Islam. As written in Issue 2698: “If one part of a property has been waqfed and the other part is not, and the property is undivided, the Mujtahid, or the trustee of the Waqf, or the beneficiaries can divide the property and separate the Waqf part in consultation with the experts.”
As described above, the Jordanian Waqf took control of the Temple Mount in 1949 and Israel has continued to let the Waqf administer the site. The Jordanian Waqf now employs 500 people to run the mosque. It does this, while Israel maintains all security controls and runs it as part and parcel of Israel.
It would appear that the actions of 1967, 1988 and 1994 laid the groundwork for a sharing of the Temple Mount between Jews and Muslims again. However, it has continued to be a struggle.
POLITICS and PROPAGANDA
Over the last few years, the Waqf has become more politicized, anti-Jewish and anti-Israel, as it was decades ago. Public statements from the Waqf:
- Deny Jewish history at the Temple Mount
- Attempt to deny Jewish rights of access
- Deny Jewish rights to prayer (agreed to by the Israeli government)
- Deny sovereignty of the Jewish State and Jerusalem municipality (agreed by many countries in the United Nations)
Consider a recent discovery of ancient Judaica near the Temple Mount. The Waqf issued a statement that the findings were “an attempt to support Israeli claims about Jewish rights in the holy city and to impose Israeli sovereignty on the occupied holy compound through the use of fake evidence….An immediate Arab and Muslim campaign is needed to stop the Israeli attempts to Judaise the holy city of Jerusalem,”
It is interesting that the Waqf would make a claim of “Judaising” the city of Jerusalem which has had a Jewish majority for 150 years. It was also this same Jordanian Waqf that participated in expelling Jews from the Old City of Jerusalem and barring their entry from 1949-1967.
PEACE ON THE TEMPLE MOUNT
Israel’s perspective: Israel has sought a peaceful situation on the Temple Mount from the very beginning of reunifying Jerusalem. In 1967, Moshe Dayan announced: “To our Arab neighbors we extend, especially at this hour, the hand of peace. To members of the other religions, Christians and Muslims, I hereby promise faithfully that their full freedom and all their religious rights will be preserved. We did not come to Jerusalem to conquer the Holy Places of others.”
The declaration was followed by the establishment of the Protection of Holy Places Law which ensured the rights of all religions to pray at their holy sites.