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Muslim
Rights in Connection with Al Buraq (The Wailing Wall)
by Adly Muhatadi
Al Quds Index
The Wailing
Wall, or Western Wall, is held by most Jews to be the remnant of
the Second Temple, and thus has become an object of veneration.
It forms the base of the Haram al-Sharif, where stands the Dome
of the Rock and al-Aqsa mosque. This wall is also known to
Muslims as al-Buraq, considered a holy place because it was here
that Muhammed tethered his winged steed on his journey to
Jerusalem. Access to the wall was through a passage in the
Magrebi residential quarter, completely destroyed by Israel in
1967.
The wall and much of the area around it constitutes Waqf
property ( a religiously and legally protected endowment), owned
by the Muslims since the time of Salah-al-din.
Acquired by
trade and purchase, this Waqf property is open to all to come
and worship and pray there. Throughout the centuries of Muslim
rule, Jewish rights to pray at the wall have always been
safeguarded. With the emergence of the Zionist movement, more
militant Zionist elements began to emerge, and in the late 1920s
these groups sought to change the status of the wall. Rather
than addressing their demands to the appropriate concerned
authorities, these elements forced the issue by bringing
screens, benches, and other objects to the area. These objects
not only caused great congestion in the area because they did
not allow for the free passage of people, but it also was a
change in the “status quo”.
The concept of “status quo” in the religious sites in Jerusalem
allows religious communities to preserve their rights over
certain sites. According to the British who were ruling
Palestine at that time, “the regulations pertaining to religious
practices at the holy places in Jerusalem and the balance
between the rights and claims of the different faiths and
denominations with regard to these places have in the past
always been based the so-called Status Quo.
” If any change
in status is not protested by a community, then after a period
of time, the change becomes the new status quo. Thus, the Moslem
community was concerned that any additions to the wall by Jewish
worshippers would change the status quo- “ for after stools
would come benches, the benches would then be fixed, and before
long the Jews would have established legal claim to the site.
Zionists Jews in the 1920’s forced such changes in the status
quo. The Jewish worshippers brought benches and a screen to
separate men and women, which were removed by the police several
times. The Deputy District Commissioner noted in 1927 “ several
incidents and many problems caused by the Jews around the
question of the Buraq plainly indicate that they have laid down
a plan of gradually obtaining this place.”
The tensions
escalated and the ensuing violence resulted in riots on August
1929 with hundreds of casualties on both sides. The British sent
in a Commission of Inquiry to investigate the cause of the
“disturbances.” The Commission, headed by Sir Walter Shaw,
former Chief Justice of the Straits Settlements, arrived in
Palestine in October that same year and remained there for two
months. One of the recommendations he made to the Secretary of
State for the Colonies was the need to establish an ad hoc
Commission to determine the rights and claims for Moslems and
Jews in connection with the Wailing Wall and, on January 1930,
it was decided that:
A Commission shall be entrusted with the settlement of the
rights and claims of the Jews and Moslems with regard to the
Wailing Wall:
The Commission
shall consist of members not of British nationality…
Elief Lofgren,
formerly Swedish Minister for Foreign Affairs. Member of the
Upper Chamber of the Swedish Riksdag (as Chairman). Charles
Barde, Vice-President of the Court of Justice at Geneva,
President of the Austro-Roumanian Mixed Arbitration tribunal and
C.J. Van Kempen, formerly Governor of the East Coast of Sumatra,
Member of the States-General of the Netherlands.
On June 13,
1930, the members of the new Commission sailed for Palestine and
arrived on the June 19, and stayed for one month. The Commission
was appointed by the United Kingdom and approved by the League
of Nations.
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