Jerusalem/Israeli measures – Memorandum by Arab national and Islamic leaders – Letter from Jordan

Fifth emergency special session

Agenda item 5

Letter dated 3 August 1967 from the Permanent Representative of Jordan

to the United Nations addressed to the Secretary-General

     Upon instructions from my Government, I have the honour to communicate to Your Excellency, the text of the memorandum which a group of national and Islamic leaders in Arab Jerusalem have sent to the Israel occupying authorities.

     In this memorandum the leaders declared their rejection of the annexation of Arab Jerusalem, and their adherence to the Jordanian unity.  Furthermore, they expressed their protest against the interference by Israel authorities in Moslem religious affairs.

     I shall be grateful if this letter and its enclosures are circulated as

Security Council and General Assembly documents.

                                               (Signed)  Muhammad H. EL-FARRA

                                                             Ambassador

                                                      Permanent Representative

     ___                

*  Also issued under the symbol S/8109.

TEXT OF THE MEMORANDUM

Since it is in the nature of any occupation of the territory of one State by another that it does not confer on the occupying State ownership of the occupied territory or any rights of sovereignty over it,

And since the effects of an occupation are confined to the protection of the interests of the occupied territory, respect for legislation in force therein, and due regard for the life, rights and property of the citizens as well as the obligation to ensure for them freedom of belief and worship,

REJECTION OF ANNEXATION

We declare that the decisions taken by the Israel legislative and executive authorities to annex Arab Jerusalem and its environs to Israel are null and void for the following reasons:

(a) Arab Jerusalem is an integral part of Jordan and, under paragraph 4 of Article 2 of the United Nations Charter, Israel is prohibited from encroaching upon the territorial integrity and political independence of Jordan; consequently, Israel is prohibited from annexing to itself any part of Jordanian territory;

(b) By the two resolutions adopted at the special emergency session (of the General Assembly) held between 17 June 1967 and 21 July 1967, the United Nations has declared the illegality of annexing Arab Jerusalem to Israel;

(c) It is not within the competence of the Israel Knesset to annex the territory of another State;

(d) While we declare that the inhabitants of Arab Jerusalem and its environs have already exercised their right of self-determination in full freedom together with the rest of the inhabitants of the West Bank area of Jordan, thus forming the Hashemite Kingdom of Jordan in accordance with the unanimous decision taken by the Jordanian Parliament on 24 April 1950;

And while we put on record here that the annexation of Arab Jerusalem is an invalid measure imposed unilaterally by the occupation authorities against the will of the inhabitants of the city, who reject this annexation and adhere to the unity of the Jordanian territory;

We, at the same time, note that the Israel occupation forces have proceeded to interfere illegally and in a manner inconsistent with the precepts of the Islamic religion in the religious affairs of Moslems.  Here are some instances of this interference:

(a) Censorship by the Israel Ministry of Religious Affairs of the Friday Prayer Sermon in the Aqsa Mosque in Jerusalem, and deletion of many passages of the said sermon, including verses of the Holy Koran;

(b) Admission of Israel visitors, both men and women, into the Aqsa Mosque in an indecorous state that is inconsistent with religious principles and Arab-Islamic traditions;

(c) Demolition, among other buildings, of two Islamic mosques in the Magharba Quarter in Jerusalem, which has been destroyed by the Israel authorities.  It must be noted that this quarter is in its entirety part of the Islamic public Waqfs (religious endowments);

(d) Encroachment upon the Ibrahim Sanctuary in Khalil and closing it in the face of Moslems all the days of the week, apart from a few hours on Friday, while opening it for Israelis all week long, where they perform rites that are inconsistent with the precepts of Islam;

(e) Intervention by the Israel Ministry of Religious Affairs in matters connected with Islamic Waqf (religious endowments);

(f) Encroachment upon the Waqf Land known as "Nazir" Land, lying on the Tur Road, and disposing of it without the knowledge of the Waqf Administration and contrary to the Waqf interests;

(g) Attempt by the Israel Ministry of Religious Affairs to interfere in the affairs of the Sharia (Religious Law) Courts, including the Sharia Court of Appeal in Jerusalem.

CITIZENS' DEMANDS

In view of all the above, we demand the following:

1. Non-encroachment upon the territorial integrity and political independence of the Jordanian State; respect for the United Nations Charter, the rules of international law and the provisions of the two United Nations resolutions adopted at its recent session (sic) and declaring the illegality of the annexation of Jerusalem; and, consequently, rescinding the decision to annex Arab Jerusalem and its environs to Israel.

     2.   Cessation of interference in the religious affairs of Moslems, including personal status, Sharia Law and matters connected with sermons and religious guidance; and respect for religious observances and the sanctity of the holy places, non-encroachment upon them and non-interference in Islamic Waqf.

3. Respect for Arab institutions, including judiciary, canonical,

administrative, municipal and other institutions in Arab Jerusalem, and enabling them to exercise all the powers they had before the occupation.

DECISIONS

Bearing in mind that Islamic Jurisprudence explicitly lays down that Moslems should immediately assume control of all their religious affairs under such as the prevailing circumstances;

Bearing in mind also that Islamic Jurisprudence prohibits non-Moslems from assuming control of Moslem religious affairs;

We, the representatives of the Moslem citizens in the West Bank area, including Jerusalem, have met today in the hall of the Sharia Court of Appeal in Jerusalem,

And,

Having discussed Islamic conditions and affairs and exchanged views on all matters connected with religious observances, sacrosanct things and Islamic affairs in the light of the precepts of Islamic Jurisprudence,

Have reached the following decisions:

I. That the undersigned should constitute themselves as the Islamic Organ to take charge of Islamic affairs in the West Bank area, including Jerusalem, until the termination of the occupation.

II. That the said Organ should decide the following:

1. To authorize the Reverend Sheikh Abdul Hamid As-Sa'ih to exercise the powers of Chief Judge in the West Bank area as prescribed in Jordanian legislation.

2. To authorize the Sharia Court of Appeal in Jerusalem to exercise all the powers of the Waqf and Islamic Affairs Council and the Committee for the reconstruction of the Aqsa Mosque and the Holy Rock in the West Bank area prescribed in Jordanian legislation as well as to exercise all powers granted to the Director General of Waqf.

3. To authorize the Reverend Sheikh Hilmi al-Muhtasib to exercise the powers of Director of Sharia Affairs in addition to his office as member of the Sharia Court of Appeal.

4. To attach the Reverend Sheikh Sa'd ad-Din al-Alami, in addition to his office as Mufti of Jerusalem, to the membership of the Sharia Court of Appeal as alternate judge.

5. To attach the Reverend Sheikh Sa'eed Sabri, the Sharia Judge of Jerusalem, to the membership of the above-mentioned Waqf and Islamic Affairs Council and Reconstruction Committee.

6. The above-mentioned authorities shall exercise their jurisdiction and powers in accordance with Jordanian legislation in the West Bank area, including Arab Jerusalem, until the termination of the occupation.

SIGNATURES

     Anwar al-Khatib                      Governor of Jerusalem

     Rouhi al-Khatib                      Mayor of Jerusalem

     Abdul Hamid as-Sa'ih                 President of the Sharia Court of Appeal

     Hilmi al-Muhtasib                    Member, Sharia Court of Appeal

     Sa'eed Sabri                         Sharia Judge of Jerusalem

     Sa'ad Ad-Din al-Alami                Mufti of Jerusalem

     Kamal ad-Dajani                      Lawyer

     Ibrahim Bakr                         Lawyer

     Arif al-Arif                         Director of the Jerusalem Museum

     Fuad Abdul Hadi                      Lawyer Senator

     Abdurrahim as-Sharif                 Lawyer Senator

     Hafiz Tuhboob                        Lawyer

     Sa'eed Ala'uddin                     Lawyer

     Omar al-Ar'ari                       Lawyer

     Abdul Muhsin Abu Mizer Meezer        Lawyer

     Ishaq Darwish

     Ishaq ad-Dazdar

     Hassan Tuhbbob                       Director of Jerusalem Waqf Administration

     Dr. Daoud al-Huseini

     Dr. Subhi Ghousha

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