نوع مقاله : مقاله پژوهشی
نویسنده
استادیار دانشکده حقوق و علوم سیاسی دانشگاه شیراز
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The Israeli-Palestinian conflict remains one of the most complex and intractable challenges facing the international community. Central to this conflict is the question of Jerusalem's status. Jerusalem holds profound religious significance for Judaism, Christianity, and Islam, each with holy sites located within the city. The right to worship and access to these sites for all faiths must be a key consideration in any final resolution. Both the Israeli government and the Palestinian Authority view Jerusalem as their capital, making control of the city a critical red line for both parties.
This research seeks to propose a potential solution to the Israeli-Palestinian conflict based on the principle of freedom of worship and access to Jerusalem for followers of all three Abrahamic religions. Drawing upon the teachings of international human rights law and Islamic jurisprudence, the paper argues that a framework guaranteeing such access can be established.
The research methodology employs analytical reasoning with a comparative and interdisciplinary approach. Specifically, the paper compares and adapts the teachings of Islamic jurisprudence with those of international law, particularly the international human rights system, as they relate to the issue at hand. Based on this analysis, the concept of recognizing Jerusalem as an independent entity emerges as a potential solution.
An independent Jerusalem could guarantee the right of access for all religious groups to their holy sites. This aligns with the principles of the international human rights system, Islamic jurisprudence, and Islamic legal foundations. Moreover, it fulfills the objectives of Sharia law concerning freedom of worship and access. Reconsidering the independence plan through the lens of human rights and religious texts reveals its potential for greater success compared to other conflict resolution proposals.
Therefore, this research explores the concept of internationalizing and recognizing Jerusalem as an independent entity. It examines how this concept aligns with the right to worship and access, potentially reducing the conflict's intensity and paving the way for a final resolution. The paper will also discuss the functionality and challenges associated with this plan.
Key findings from the research analysis and proposal include:
Jerusalem's Significance in Abrahamic Religions:Judaism, Christianity, and Islam all hold Jerusalem in high regard due to its historical and religious significance. Specific places of worship for each religion are located within the city.
The Right to Worship and Access in Human Rights:The right to worship and access to holy sites is a fundamental principle enshrined in human rights documents and the international human rights system. This right encompasses the freedom to conduct individual and communal worship, as well as the freedom to build and maintain places of worship.
Respect for Religious Symbols in Islam:The Quran emphasizes the principle of "freedom of belief" alongside "respect for religious rituals, symbols, and figures." This principle extends to protecting and defending places of worship belonging to other religions.
Jerusalem's Status in the Partition Resolution:The United Nations General Assembly Resolution 181, adopted in 1947, envisioned Jerusalem as an independent corpus separatum (separate entity). The need for Jerusalem's independence has been echoed in other international documents.
Alignment with Islamic and Human Rights Principles:Recognizing Jerusalem's independence aligns with the teachings of the international human rights system, Islamic jurisprudence, and Islamic legal foundations. It upholds the objectives of Sharia law concerning freedom of worship and access.
Guaranteeing Access and Reducing Conflict:An independent Jerusalem would guarantee the right of access for followers of all religions to their holy sites. Defining the legal status of Jerusalem and ensuring access could potentially lessen the intensity of the Israeli-Palestinian conflict and render religious justifications for violence obsolete.
Favorable Conflict Resolution Scenarios:Due to its alignment with human rights principles and relevant resolutions from the United Nations Security Council, General Assembly, and other international bodies, conflict resolution scenarios based on Jerusalem's independence hold greater promise.
Challenges and Realities:The biggest challenge to the independence plan is its potential incompatibility with the current discourse of both parties involved in the conflict. However, political solutions are often driven by realities on the ground rather than ideals. Furthermore, the disruption of regional geography caused by Israeli policies may obstruct the implementation of the plan.
کلیدواژهها [English]
United Nations (1997). The Status of Jerusalem, New York: the Committee on the Exercise of the Inalienable Rights of the Palestinian People.
Aburmazhan, M. and El. Shoufani (2013). Israel's governmental and legal system, translator: Seyed Hasan Mousavi, Tehran: Middle East Center for Scientific Research and Strategic Studies. [In Persian]
Cotton, Henry (1989). Palestine and international law, translator: Gholamreza Fadaei, Tehran: Amirkabir. [In Persian]
Hamidi, S. J. (2002). History of Jerusalem/Beit al-Maqdis, Tehran: Amir Kabir. [In Persian]
Hashemi, S. M. (2009). Qur'an and respect for followers of other religions, Scholars, period 18-19, autumn and winter, 233-227.[In Persian]
Hashemi, S. M. (2015). Holy places in Islamic teachings and international law, Miqat Hajj, Volume 24 (1), 21-43. [In Persian]
Hashemi, S. M. (2017). Hajj and international law, Tehran: Mashaar. [In Persian]
Jafarian, R. (2006). Islamic works of Mecca and Medina, Tehran: Mashaar. [In Persian]
Kek Din, N. (2003). Public International Law, translated by Hassan Habibi, volume 1, Tehran: Information. [In Persian]
Milton Edward, M. et al (2011). Crisis in the Middle East, translator: Shahrzad Rostgar Shariat Panahi, Tehran: Qoms Publishing House. [In Persian]
Pelino, J. (2018). Culture of International Relations, translated by: Hasan Posta, Tehran: Contemporary Culture. [In Persian]
Shakhter, H. et al (1977). Words of Jewish Culture, translated by Mensheh Amir, Tel Aviv: Association of Jewish Communities. [In Persian]
Siah Rostami, H. et al (2013). International humanitarian law regarding the protection of individuals in armed conflicts (Geneva Document Collection), Tehran: Red Crescent. [In Persian]
Soleimani Ardestani, A. (2008). A journey through the world's living religions, Qom: Ayat Eshgh. [In Persian]
United Nations (2004). Palestine and the United Nations, Tehran: United Nations Information Center in Tehran. [In Persian]
Wach, J. (1999). Sociology of religion, translator: Jamshid Azadegan, Tehran: Samt. [In Persian]
Wallace, R. (2008). International Law, translator: Seyed Ghasem Zamani, Tehran: Shahr Danesh. [In Persian]
Allamah Helli, H. (1999). Editing of Sharia Rulings on the Imami Doctrine (I - Hadith), Part 3, Qom: Founded by Imam Sadiq, peace be upon him. [In Arabic]
Ameli, M. (1996). Sharia Lessons in the Imamiyya Jurisprudence, Part 2, Qom: An Islamic Publications Notebook, which was included in the University of Teachers of the Qom Seminary. [In Arabic]
Ameli, Z. (1992). Paths of Understanding to Revise the Laws of Islam, Part 5, Qom: Islamic Knowledge Foundation. [In Arabic]
Amended Palestinian Basic Law (2005). Executive Committee of the Palestine Liberation Organization, Gaza City. [In Arabic]
Azraqi, M. (1995). News of Mecca and its effects, Part 1, Beirut: Dar Al-Andalus. [In Arabic]
Fadel Movahdi Lankarani, M. (2003). Details of Sharia law - endowments, wills, oaths and vows, expiations, hunting, Qom: Jurisprudence Center of the Imams of Purity, peace be upon them. [In Arabic]
Islamic Summit Conference, Istanbul Declaration, Extraordinary Session of the Islamic Summit Conference on Al-Quds Al-Sharif Istanbul, Turkey (December 13, 2017). [In Arabic]
Islamic Summit Conference, Resolution 2/3 Q (QA) on the issue of Palestine and the Middle East, Third Islamic Summit Conference, Mecca Al-Mukarramah - Kingdom of Saudi Arabia, 25-28 January 1981. [In Arabic]
Kashif Al-Ghita, M. (1940). Tahrir Al-majalat, Part 2, Section 3, Najaf: Al-Murtadawi Library. [In Arabic]
Khoei, S. (1989). Minhaj al-Salihin (by al-Khoei), vol. 2, Qom: Madinat al-Ilm Publishing. [In Arabic]
Khorasani, M. (1992). Book on the Endowment (by Al-Akhund), Qom: A notebook of Islamic publications written by the Jamiat-e Modarreen Seminary of Qom. [In Arabic]
Kharazmi, M. (1997). Creating enticement and excitement towards the Three Mosques and the Ancient House, Part 2, Mecca Library: Nizar Mustafa Al-Baz. [In Arabic]
Munajem, I. (1987). Akam Al-Murjan in Mention of Famous Cities Everywhere, Beirut: World of Books. [In Arabic]
Qazwini, Z. (1998). Antiquities of the country and news of the people, Beirut: Dar Sader. [In Arabic]
Sabzwari, s. (N.Y). Jami’ al-Ahkam al-Shar’iyyah (by al-Sabzwari), Qom: Al-Manar Foundation. [In Arabic]
Syvri Helli, M. (1983). Al-Tanqih Al-Raayie of Mukhtasar al-Shar’iyyah, vol. 2, Qom: Kitabkhana Publications, Ayatollah Marashi Najafi. [In Arabic]
Tabatabai Haeri, S. (1989). Riyadh al-Malmasayil (edition - Hadith), vol. 10, Qom: Islamic Publishing Foundation of the Teachers’ Group. [In Arabic]
Tabatabai Hakim, S. (1989). Minhaj al-Salehin (by al-Hakim), vol. 2, Beirut: Dar al-Ta’arof for Publications. [In Arabic]
The Joint Arab and Islamic Summit, the resolution issued by the Extraordinary Joint Arab and Islamic Summit to discuss the Israeli aggression against the Palestinian people, Riyadh, Kingdom of Saudi Arabia (November 11, 2023) [In Arabic]
The Permanent Committee for Scientific Research and Fatwa (2003). Fatwas of the Permanent Committee, Part 1, Riyadh: Dar Al-Muayyad for Publishing and Distribution. [In Arabic]
The Permanent Committee for Scientific Research and Fatwa (2003). Three Important Fatwas, Riyadh: General Presidency for Scientific Research and Fatwa. [In Arabic]
The Sixth Islamic Conference of Foreign Ministers, Resolution No. 1/6 - S, Jeddah, Kingdom of Saudi Arabia, during the period from 12 to 15 July 1975. [In Arabic]
Tusi, M. (1967). Al-Mabsoot in Jurisprudence of the Imamiyyah, vol. 4, Tehran: Mortadawi Library for the Revival of Jaafari Antiquities. [In Arabic]
The Holy Quran.
The Bible.
Gunner, Göran (2023). Freedom of Religion and Religious Pluralism, Brill | Nijhoff.
Knesset, Basic Law: Jerusalem, Capital of Israel. Adopted on: 30 July 1980.
Pike, Linda, J (1988). Encyclopedia of Public International Law, 10, North Holland: Elsevier.
UN.Doc. A/HRC/RES/49/5.
UN.Doc. A/RES/194(III).
UN.Doc. A/RES/2253(ES-V).
UN.Doc. A/RES/303(IV)
UN.Doc. E/A/CONF.151/26/Rev.1 (vol.I).
UN.Doc. S/RES/252(1968)
UN.Doc. S/RES/476(1980)
UN.Doc. S/RES/478(1980)
)